Perpetuating Disadvantage: An Investigation of Racial Bias Embedded in Criminal History Records

Abstract

Criminal history records are an integral component of the criminal legal system. They are typically seen as unbiased measures of prior offending that inform assessments of an individual’s dangerousness and risk of reoffending. Criminal records are incorporated into the decision-making calculus of legal actors such as police, prosecutors, and judges. Moreover, they have significant influence in the development of legal policies across all sectors of the system. In consequence, individuals with criminal history records face significant disadvantages in the likelihood of contact with the legal system and subsequent criminal punishment. Scaling legal decision making and policy to an individual’s prior criminal history is largely implemented to focus resources on apprehending and punishing the most dangerous offenders. For this to be accomplished effectively, criminal history records are required to be unbiased representations of prior offending. However, the collective evidence of racial and ethnic inequality in the criminal legal system calls into question the neutrality of criminal history records. Rather than being unbiased, criminal history records may instead be a source of systemic racism, as these records are merely reflections of criminal legal outcomes often shown to be subject to racial and ethnic inequality.Utilizing a framework that outlines the pathways for decision making and policy structures to produce inequalities in legal outcomes, the current dissertation examines the extent to which criminal history records contain racial and ethnic bias. Theoretical predictions are tested using data from the National Longitudinal Survey of Youth 1997 (NLSY97). Specifically, NLSY97 data are used to test for racial and ethnic differences in outcomes related to criminal records, net of self-reported engagement in delinquency. The results provide mixed evidence of racial and ethnic disadvantage in outcomes related to arrest, conviction, and incarceration. Evidence of inequality in the outcomes of interest is more consistent across race than across ethnicity. Both racial and ethnic inequalities, when evidenced, were mediated by external factors. In particular, measures of individual risk factors and socioeconomic status strongly mediated the relationship between race, ethnicity, and legal outcomes. Despite nuances, findings from the current study largely support the theoretical supposition that criminal history records are not unbiased measures of prior offending but are instead imperfect proxies that are influenced by inequalities in the apprehension and punishment of individuals in the criminal legal system. Future research is needed to further explore the extent to which criminal records are embedded with bias and compound racial and ethnic inequality.