In Pursuit of Racial Justice: the Olitp Ics and Consequences of Racial Disparity Reform in the U.S

View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ScholarlyCommons@Penn University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 1-1-2015 In Pursuit of Racial Justice: The olitP ics and Consequences of Racial Disparity Reform in the U.S. Criminal and Juvenile Justice Systems Ellen Ann Donnelly University of Pennsylvania, [email protected] Follow this and additional works at: http://repository.upenn.edu/edissertations Part of the Criminology Commons, Criminology and Criminal Justice Commons, and the Political Science Commons Recommended Citation Donnelly, Ellen Ann, "In Pursuit of Racial Justice: The oP litics and Consequences of Racial Disparity Reform in the U.S. Criminal and Juvenile Justice Systems" (2015). Publicly Accessible Penn Dissertations. 1689. http://repository.upenn.edu/edissertations/1689 This paper is posted at ScholarlyCommons. http://repository.upenn.edu/edissertations/1689 For more information, please contact [email protected]. In Pursuit of Racial Justice: The olitP ics and Consequences of Racial Disparity Reform in the U.S. Criminal and Juvenile Justice Systems Abstract Overrepresentation of racial and ethnic minorities is a troubling fact in the U.S. criminal and juvenile justice systems. The cs ope and racial character of American criminal processing is critically shaped by politics. Scholarship has focused on the politics that helped to forge a large and racially disparate criminal justice system as well as recent political attempts to scale back criminal justice operations. This study examines the political development and consequences of policies aiming to reduce racial inequalities in the adult and juvenile justice systems. It introduces the concept of "racial disparity reform," or any policy that seeks to diminish unnecessary or adverse criminal processing differences among racial groups. Reforms range from exploratory studies and restrictions on using race as a decision-making factor to mandatory interventions throughout an entire justice system. These measures are based on policymakers’ beliefs about the consistent and legitimate application of the law. This research argues racial disparity reform is politically possible and consequential in curbing inequalities. Three methodological strategies support this claim. First, this study uses legislative and executive documents to qualitatively test how different problem definitions of racial inequality led to distinct national policy responses. Ideas of disproportionate impact motivated exploratory reform in capital punishment, beliefs of discrimination encouraged prohibitory reform in racial profiling, and constructions of disparity and discrimination prompted comprehensive reform in youth confinement. Second, it quantitatively identifies the socio-political factors associated with reform developments in the states. Reform is more likely when Democrats control the elected branches, racial disproportionalities worsen, and judiciaries do not have active reform efforts. Finally, this study uses multivariate techniques to distinguish the racially egalitarian effects of a congressional mandate requiring states to reduce the disproportionate number of minorities processed throughout their juvenile justice systems. Intervention on behalf of this racial disparity reform diminishes the likelihood of punitive sanctioning and decreases the size of processed minority youth populations. This study concludes politics is important in generating more racially just criminal processing practices and redefining the future of American criminal justice. Degree Type Dissertation Degree Name Doctor of Philosophy (PhD) Graduate Group Political Science First Advisor John MacDonald Keywords criminal justice, criminal justice reform, disproportionate minority contact, politics, racial disparity reform, racial inequality This dissertation is available at ScholarlyCommons: http://repository.upenn.edu/edissertations/1689 Subject Categories Criminology | Criminology and Criminal Justice | Political Science This dissertation is available at ScholarlyCommons: http://repository.upenn.edu/edissertations/1689 IN PURSUIT OF RACIAL JUSTICE: THE POLITICS AND CONSEQUENCES OF RACIAL DISPARITY REFORM IN THE U.S. CRIMINAL AND JUVENILE JUSTICE SYSTEMS Ellen Ann Donnelly A DISSERTATION in Political Science and Criminology Presented to the Faculties of the University of Pennsylvania in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy 2015 Supervisor of Dissertation John MacDonald, Professor of Criminology and Sociology Penny and Robert A. Fox Director of the Fels Institute Graduate Group Chairperson, Political Science Matthew Levendusky, Associate Professor of Political Science Graduate Group Chairperson, Criminology Charles Loeffler, Jerry Lee Assistant Professor of Criminology Dissertation Committee: Marc Meredith, Associate Professor of Political Science Jeffrey Fagan, Isidor and Seville Sulzbacher Professor of Law, Columbia University IN PURSUIT OF RACIAL JUSTICE: THE POLITICS AND CONSEQUENCES OF RACIAL DISPARITY REFORM IN THE U.S. CRIMINAL AND JUVENILE JUSTICE SYSTEMS COPYRIGHT 2015 Ellen Ann Donnelly ACKNOWLEDGMENT This research is a product of the many people who have helped me over the past five years. First of all, I thank my dissertation committee for their support of my joint studies in criminology and political science. John MacDonald has been an extraordinary chair, guiding me at every step of this dissertation. Jeff Fagan has provided careful advice about strengthening my theories and empirical tests. Marc Meredith has pushed me to think critically about every aspect of this study and otherwise has been a welcome wellspring of positivity. I am tremendously grateful to Matt Levendusky, whose generosity, thoughtfulness, and humor pulled me through this dissertation process and helped me to more fully develop as a researcher. My sincere thanks are extended to Stephen Bishop and Linda Bender of the Center for Juvenile Justice Training and Research for data access and assistance. I want to thank John DiIulio, Dan Gillion, Marie Gottschalk, John Lapinski, and Rogers Smith for comments on my dissertation prospectus and chapters. I express my appreciation for the instruction and encouragement of the other faculty members of the University of Pennsylvania Political Science and Criminology Departments. Finally, completion of my graduate studies would have not been possible without the support of friends and family. I cannot express enough gratitude for the mentorship of Keith Reeves, whom I credit with inspiring me to pursue a career in political science and public policy research. My friends in graduate school have brought happiness into Stiteler Hall, especially Julia Cramer, Prakirti Nangia, Krishan Malhotra, Patricia Posey, Basak Taraktas, and Alexandra Wiktorek. My parents have been unwavering in their love that has made all of my accomplishments possible. iii ABSTRACT IN PURSUIT OF RACIAL JUSTICE: THE POLITICS AND CONSEQUENCES OF RACIAL DISPARITY REFORM IN THE U.S. CRIMINAL AND JUVENILE JUSTICE SYSTEMS Ellen A. Donnelly John M. MacDonald Overrepresentation of racial and ethnic minorities is a troubling fact in the U.S. criminal and juvenile justice systems. The scope and racial character of American criminal processing is critically shaped by politics. Scholarship has focused on the politics that helped to forge a large and racially disparate criminal justice system as well as recent political attempts to scale back criminal justice operations. This study examines the political development and consequences of policies aiming to reduce racial inequalities in the adult and juvenile justice systems. It introduces the concept of "racial disparity reform," or any policy that seeks to diminish unnecessary or adverse criminal processing differences among racial groups. Reforms range from exploratory studies and restrictions on using race as a decision-making factor to mandatory interventions throughout an entire justice system. These measures are based on policymakers’ beliefs about the consistent and legitimate application of the law. This research argues racial disparity reform is politically possible and consequential in curbing inequalities. Three methodological strategies support this claim. First, this study uses legislative and executive documents to qualitatively test how different problem definitions of racial inequality led to distinct national policy responses. Ideas of disproportionate impact motivated exploratory reform in capital punishment, beliefs of discrimination encouraged prohibitory reform in racial profiling, and constructions of disparity and discrimination prompted comprehensive reform in youth confinement. Second, it quantitatively identifies the socio-political factors associated with reform developments in the states. iv Reform is more likely when Democrats control the elected branches, racial disproportionalities worsen, and judiciaries do not have active reform efforts. Finally, this study uses multivariate techniques to distinguish the racially egalitarian effects of acongressional mandate requiring states to reduce the disproportionate number of minorities processed throughout their juvenile justice systems. Intervention on behalf of this racial disparity reform diminishes the likelihood of punitive sanctioning and decreases the size of processed minority youth populations. This study concludes politics is important in generating more racially

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