About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



42 American J. Crim. Just. 1 (2017)

handle is hein.journals/acnjrlocm42 and id is 1 raw text is: 

Am  J Crim Just (2017) 42:1-27
DOI 10.1007/s12103-016-9344-8




The   Politics   of Racial Disparity Reform: Racial
Inequality and Criminal Justice
Policymaking in the States

Ellen A. Donnelly'


Received: 3 January 2016 /Accepted: 17 March 2016 /
Published online: 4 April 2016
©  Southern Criminal Justice Association 2016


Abstract   Racial  inequalities  in criminal  justice are  pressing  problems   for
policymakers.  Prior literature suggests elected officials promulgate punitive, racially
disparate criminal justice policies due to partisanship and racial fears, but scholarship
has yet to explain how and  why  elected officials address racial problems in criminal
processing.  This  article introduces  the framework   of  racial disparity reform
policymaking.  A racial disparity reform is a policy that seeks to reduce distinctions
in criminal justice institutions' treatment of racial groups. Elected officials pursue these
policies due  to ideological beliefs in civil rights ideals and political interests in
appearing to solve social problems. Using an original database of policy enactments,
this article first presents the distribution and types of reform measures adopted by
elected officials in all 50 states between 1998 and 2011. It then examines social and
political explanations for when state legislatures and executives adopt racial disparity
reforms. Policy enactment is predicted by worsening problems of racial disproportion
in criminal processing, Democratic  control of elected branches, and the absence of
judicial efforts to improve racial fairness within a state's criminal justice system.
Similar dynamics   encourage  the development   of different measures types  within
policies. Such ideological and problem-solving explanations for racial disparity reform
show   a potential for elected officials to forge more racially just criminal justice
practices.

Keywords Racial   inequality- Politics - Criminal justice policymaking - Criminal justice
reform





E   Ellen A. Donnelly
    edonn@sas.upenn.edu


    Department of Criminology, University of Pennsylvania, 483 McNeil Building, 3718 Locust Walk,
    Philadelphia, PA 19104, USA


_  Springer