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Trust and Confidence in Criminal Justice by Lawrence W Trust and Confidence in Criminal Justice by Lawrence W. Sherman Photo source: Kenny Blackbird and PhotoDisc Blackbird Kenny Photo source: about the author riminal justice in America Lawrence W. Sherman is the Albert M. Greenfield Professor of Human Relations and today is a paradox of Director of the Jerry Lee Center of Criminology at the University of Pennsylvania. Contact Cprogress: While the fairness him at 3814 Walnut Street, Philadelphia, PA 19104, 215–898–9216, [email protected]. and effectiveness of criminal justice have improved, public trust and confidence apparently have not. system, public schools, television between whites and blacks about Criminal justice is far less corrupt, news, newspapers, big business, the individual components of brutal, and racially unfair than it and organized labor.1 the criminal justice system and has been in the past. It is arguably especially the police. Whites express The most striking finding in the more effective at preventing crime. considerably more confidence in Gallup poll is the difference between It has far greater diversity in its the police, local court system, the low evaluation of “criminal staffing. Yet these objectively defined and State prison system than justice” and the high evaluation improvements seem to have had blacks (see exhibit 1). given to the police and the Supreme little impact on American attitudes Court. Other sources of data show Race, Victimization, and toward criminal justice. similar attitudes: Confidence in Punishment. Racial differences Understanding this paradox— local courts and prisons is far also appear in rates of victimization better work but low marks— lower than it is for the police.2 and punishment: Blacks are 31 per- is central to improving public These large differences suggest cent more likely to be victimized trust and confidence in the that Americans may not think by personal crime than whites and criminal justice system. of police in the same way as they twice as likely as whites to suffer a do the criminal justice system. completed violent crime.3 How Low Is Public Young black males are historically Confidence? The Racial Divide 10 times more likely to be murdered than white males.4 Gallup polls over the last few A 1998 Gallup poll reports little years have consistently found overall demographic difference Arrest rates for robbery are five that Americans have less confi- among the respondents saying times higher for blacks than for dence in the criminal justice they had confidence in the criminal whites; four times higher for murder system than in other institutions, justice system. But what is most and rape; and three times higher such as banking, the medical clear is the difference in opinion for drug violations and weapons possession.5 Blacks are eight times more likely Exhibit 1: Confidence Ratings for to be in a State or Federal prison Criminal Justice System Agencies, by Race than non-Hispanic whites (and three times more likely than 70 Hispanic whites). Almost 2 percent 61% of the black population, or 1 of 60 every 63 blacks, was in prison in 51% 1996.6 50 White Black Percentage 40% Race and Neighborhood. What 40 36% of adults 34% these data fail to show, however, who express 30 26% is the extent to which the racial confidence 25% 23% differences in attitudes, victimiza- 20 16% 15% tion, and punishment may be largely 10 related to more blacks being the residents of a small number of high- 0 crime, high-poverty areas concen- Police U.S. Supreme Local Courts Prisons Criminal Justice trated in a small fraction of urban Court System neighborhoods. This is the case Source: The Gallup Organization, "Confidence in Institutions," retrieved from even though Harvard University the World Wide Web site http://www.gallup.com, October 10, 2000. NIJ Journal I no. 248, 2002 23 sociologist Orlando Patterson has estimated that only 1 in every 30 black adults resides in these high- crime, high-poverty areas; the pro- The personal opinions of the portion is higher for children. What we may understand as a prob- survey respondents are consistent with lem of race in America may largely reflect conditions in those neighbor- a major theory about the declining public hoods that are generalized by both blacks and whites to conditions of the larger society. confidence in all government—not just Due to limited national data, it is difficult to determine what precisely criminal justice—in all modern nations, drives the lower levels of confidence in criminal justice among blacks, not just the United States. The concerns but insights from city-by-city analysis suggest two conclusions: arise from the decline of hierarchy and I There is no race-based subculture of violence. Blacks and whites who live in the rise of equality in all walks of life. The rise neighborhoods with similar conditions have similar views in egalitarian culture increases the demand on the legitimacy of law. To the extent that race is associated with attitudes toward law, it for government officials to show more may be a reflection of the greater likelihood that blacks reside in respect to citizens. poverty areas. I There is no race-based hostility to police in high- crime areas. High levels of I Victims are not informed dissatisfaction with police are Strong Demands for Change enough about the status of endemic to high-crime areas. their cases. Whites residing in such areas The findings and responses from I Victims are not able to talk to express attitudes just as hostile a random digit-dialing telephone 7 prosecutors enough. as blacks toward police. The survey of 4,000 residents of 10 distrust of police in high-crime northeastern States in 1998 found I Victims should be able to tell areas may be related to the that more than 80 percent—four out the court what impact the crime prevalence of crime rather than of five respondents—preferred the had on them, but most victims to police practice. If negative idea of “totally revamping the way do not get that chance. attitudes are driven by police the [criminal justice] system works” I practice, it may be because those Offenders, even if jailed, should for violent crime; 75 percent said the reimburse victims for the cost practices fail to prevent crime 8 same for all crime. The responses of the crime. rather than because police pres- varied little from State to State or ence or behavior is excessive. from one demographic group to I Offenders should acknowledge Or it may be that the practice another. The majority of respon- their responsibility for the crime. of policing in such areas offers dents believed that: I Victims should have the less recognition and dignity to opportunity to meet with the citizen consumers than is found I Victims are not accorded offender to find out why the in lower crime areas. sufficient rights in the criminal justice process. crime occurred and to learn Trust and Confidence in Criminal Justice 24 whether the offender accepted responsibility. I Ordinary citizens, not courts, should set penalties for non- violent crimes. I Drug treatment should be used more widely for drug- using offenders. The personal opinions of the survey respondents are consistent with a major theory about the declining public confidence in all government—not just criminal justice—in all modern nations, not just the United States. The concerns arise from the decline of hierarchy and the rise of equality in all walks of life. The rise in egalitarian culture increases the demand for govern- ment officials to show more respect 9 to citizens. PhotoDiscPhoto source: Indeed, the consistently greater of authority (although not hierarchy Egalitarianism in support for police than for courts of wealth)—of husbands over wives, Modern Culture: may result from a perception of doctors over patients, schoolteachers Raised Expectations, police as egalitarian individualists over students and parents, parents Reduced Trust (the new cultural ideal) while judges over children, and government are seen as bossy conformists (the officials over citizens. This evolution Americans’ trust in government has outdated ideal). may have led to widespread prefer- declined sharply in the last quarter ence for the recognition of individ- 10 The massive three-decade decline century. A similar loss of trust has ual dignity over the recognition of of public trust in liberal democratic been found in 18 other democracies. communal authority.13 Citizens now expect higher levels of governments suggests a deeper para- recognition, respect, and status from dox of success: As democracies Thus, what Robert J. Sampson, the government. Criminal justice become more materially successful Professor of Sociology, University of serves as a flashpoint for this change and better educated, the perceived Chicago, and other scholars refer to in citizen attitudes because so many need for governance declines and as “legal cynicism”— the extent to Americans have contact with the expectations of government for which people feel that laws are not appropriate conduct increase.11 The binding—is not the product of a criminal justice system and because 14 the hierarchical design of criminal crisis of government legitimacy has criminal subculture. It is a 400- justice institutions juxtaposes so thus been prompted less by declin- year-old Christian political theology starkly with the egalitarian demands ing quality of government conduct that has become globally accepted of the public. than by increasing public dissatisfac- across people of all religions in a tion with institutions in general, more egalitarian and individualistic As the spread of equality has com- driven by what Ronald F. Inglehart, modern culture. bined with growing freedom from Professor, University of Michigan, In such a world, people are less want, political culture has shifted calls “postmaterialist values.”12 away from Puritan views of a likely to obey the law out of a sense hierarchical communal democracy Social changes taking place around of communal obligation, and more to Quaker views of a more egalitari- the globe appear to be resulting likely to obey laws they support an individualistic democracy.
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