Incarceration Rates by Race

David A. Camp

Abstract

A review of the racial proportions and incarceration particulars of 25,240 incarcerated individuals serving a total of 66,571 sentences in Oklahoma reveals that the rates of criminal justice activity, though generally reflecting those recorded on a national basis, indicate statistically significant racial imbalances. The number of sentences being served are proportional to the inmate population averaging 2.64 sentences. The number of sentences range from one to nine, the sentence lengths range from one year to multiple life sentences.
Minorities account for 41.45 percent of all incarcerations, with African-Americans comprising 31.98 percent of these. The incarceration rate of African Americans is 3,452 incarcerations per 100,000 of that race compared to 18 per 100,000 for Asians, 571 for Whites, 614 for American Indians, 438 for Hispanics, and 170 for Others. African American males total 30.83 percent of all males inmates and 30.03 percent of all males sentences. African American females account for 40.08 percent of all female inmates and 37.19 percent of all female sentences. Sentences were given for 29 defined crime areas. Three of these crimes account for 40 percent of all incarcerations.

In America, racial minority represent 11.4 percent of the total U.S. population. The FBI's Uniform Crime Report (UCR, 1991) stated that of 10,516,399 arrests in 1990, Whites (Caucasians) accounted for 68.96 percent (7,251,862), African-Americans 28.99 percent (3,049,299), American Indian/Alaskan Natives 1.1 percent (115,345), and Asian/Pacific Islanders 0.95 percent (99,893). The Sourcebook of Criminal Justice Statistics 1990 indicates that national incarceration rates are also disproportional in the number of minorities present:*

(A) Whites 48.21% (343,550)
(B) African-Americans** 47.01% (334,952)
(C) American Indians/Alaskan Natives .84% ( 5,994)
(D) Asian/Pacific Islanders .35% ( 2,480)
(E) Not known 3.6% ( 5,587)

* Hispanics are not included in these statistics.
** The provided data files use the term Black in reference to African and African-American; therefore, this article will use both African-American and Black interchangeably.

Thus, statistics confirm that minority race members represent a disproportionately represented within the national criminal justice system. How does Oklahoma compare to the national statistics?

The Data

The Oklahoma Department of Corrections provided the data files necessary for the study. The data consisted of Oklahoma incarceration files from 1988 through 1992. One file listed each incarcerated individual by his or her identifying DOC number. This file resulted in an N of 25,240, indicating the total population of inmates for the data-set time scale. The second file consisted of 29 crime categories for which individuals were sentenced during the data-set time span. This file resulted in an N of 66,571 records. The two files were merged by the DOC number and the resulting N provided a data-set consisting of 25,240 individuals serving a total of 66,571 sentences. Although all records were successfully accounted for after merging, coding errors required the elimination of 416 sentences leaving a functional N of 66,155 ( or 99.38 percent) for analysis. Table 1 shows the actual number of people convicted and incarcerated, as well as the actual number of sentences being served by those individuals is statistically consistent across all race categories. The average inmate is serving 2.64 sentences and as the final column indicates, the actual differences are not statistically significant.

TABLE 1

OKLAHOMA INCARCERATIONS
NUMBER OF INMATES AND NUMBER OF SENTENCES BY RACE AND GENDER
(p< 0.001)

Source: Oklahoma Department of Corrections
National and State Population Demographics

According to 1990 Census (Table 2), the populations of the United States and Oklahoma were 248,709,873 and 3,145,585 respectively. The racial composition of the U.S. is 83.92 percent White, 12.26 percent Black, 3.0 percent Asian and .83 percent Indian. The Oklahoma racial makeup is 82.13 percent White, 7.43 percent Black, 1.07 percent Asian, and 8.02 percent Indian. Thus, except that Oklahoma contains proportionally more Native Americans and fewer African-Americans and Asians, the racial features of Oklahoma and the U.S. are very similar. A very important demographic variation is that the U.S. census treats Hispanic as an ethnic minority, not a racial minority. However, the Department of Corrections classifies Hispanics as a separate and distinct racial category. Therefore, although Hispanics may be over-represented in population comparison counts, it does not alter the findings related to Hispanics in the correctional system.

TABLE 2
RACIAL COMPOSITION OF NATIONAL AND STATE POPULATIONS

Source: Oklahoma Department of Corrections

Incarceration Rates by Race

The Sourcebook of Criminal Justice Statistics 1990 shows that the United States (as of January 1, 1990) had jurisdiction of 712,563 prisoners. The racial composition consists of 343,550 (48.21 percent) Whites, 334,952 (47.01 percent) African Americans, 5,994 (0.84 percent) American Indians and Alaskan Natives, and 2,480 (0.35 percent) Asian and Pacific Islanders. The racial makeup of Oklahoma prisoners (1988-1992) consisted of 14,777 (58.55 percent) Whites, 8,071 (31.98 percent) African-Americans, 1550 (6.14 percent) American Indians or Alaskan Natives, 6 (0.03 percent) Asian and Pacific Islanders, 378 (3.02 percent) Hispanics, and 71 (0.28 percent) Others.

Tables 3 and 4 provide the numbers of incarcerations, the rates of incarceration per 100,000 of the general population, and the rates of incarceration per 100,000 persons of each racial group (for both the nation and the state of Oklahoma). The calculated rates are based on the population of the U.S. and Oklahoma according to the 1990 Census. Because the inmate count covers a four year period, the rates per 100,000 are higher than if the population represented a single year. However, because of the nature of overlapping sentences and sentence dates, the exact rate for a single year is not clearly discernible with the data utilized. With this in mind the incarceration information for Oklahoma provides for an estimated rate of incarceration of 267.465 per 100,000 Oklahoma residents over the three year period. This data indicates that the proportions by race in Oklahoma prison population are similar to the racial proportions of national incarceration statistics.

Incarceration Proportions by Race

The data indicates that the racial proportions among the incarcerated individuals are representative of their population's proportion by race within the state, except for African Americans who are significantly over-represented (see Tables 2 and 4).

Additionally, males account for the majority of the population 86.27 percent (87.6 percent by actual body count) which leaves females accounting for the remaining 13.73 percent (12.4 percent actual count). This indicates that the female offender rate in Oklahoma is higher than previously expected (<10 percent).

TABLE 3
NATIONAL RATES OF INCARCERATION
(Crude and Race Specific)

Source: The Corrections Yearbook 1992

TABLE 4
OKLAHOMA INCARCERATIONS RATE BY RACE AND GENDER
(Crude and Race Specific)

Source: Oklahoma Department of Corrections

Analysis of data by race and gender indicates that all females (by race) are within expected statistical proportions with the exception of African American females. Although African American females account for only 3.815 percent of the total Oklahoma population, they account for 37.19 percent of all female sentences. This is especially important because Oklahoma has the highest rate of female incarceration in the entire United States.

Other Significant Proportions

Factors other than race have significant disproportional relationships in the incarceration statistics. Of special interest are the area of incarceration by gender and by crime.

Analysis of data by race and gender indicates that females, except for African American females, are with in expected statistical proportions. African American females account for 3.815 percent of Oklahoma's population, yet they account for 37.19 percent of all female sentences. In Oklahoma, African American females should statistically account for 0.92 percent of sentences or 3.84 percent based on existing disproportionate prison demographics, yet African American females represent 5.1 percent of the total prison sentences (Table 5). Thus, African American female inmates represent a much larger proportion of the prison population than probability alone would suggest (approximately 5 times the expected proportional amount).

Especially significant are the combined areas known as "cheating crimes": Bogus check or Charge, Forgery, and Fraud. African American females represent 10.39 percent of all inmates and 33.33 percent of all females in these crimes. In another strongly indicated area, Drugs, African American females represent 6.98 percent of all incarcerated offenders and 34.07 percent of all females incarcerated for drug crimes. Robbery is the only area in which a statistical propensity indicated that black females should statistically have a higher amount of involvement than is demonstrated. Statistical expectations suggest African American females are incarcerated for 73.63 percent of the calculated Chi Square Expectation. Thus, African American females are incarcerated for 26.37 percent fewer robberies than expected. statistically expected.

TABLE 5
CRIMES AREAS WITH DISPROPORTIONATE LEVELS OF BLACK FEMALES IN OKLAHOMA

Source: Oklahoma Department of Corrections

TABLE 6
RACES RECEIVING DISPROPORTIONAL
MAXIMUM SENTENCES FOR SPECIFIC CRIMES
(Statistically More Than Other Groups)

Source: Oklahoma Department of Corrections

Sentence Years and Race

The data reveals that the sentences given for each type of crime by race (and sex) is proportional with two exceptions. Table 6 indicates that Hispanics receive more sentence years for Embezzlement and DUI than any other racial or minority group. This is especially significant when the information of Table 7 (prior incarcerations) is reviewed, and Hispanics clearly possess fewer prior incarcerations than any race. In all other categories the original sentences given are delegated in a nonbiased manner.

Suspended Years and Race

The data reveals that in several instances the number of suspended years for specific crimes (for certain groups) is also disproportional (Table 7). Although some instances are to be expected (as with the Asian, Hispanic, and Others categories below), Blacks are clearly receiving fewer suspended sentence years across 17 of the 28 listed crime categories.

TABLE 7
RACE AND CRIME SENTENCING - DISPROPORTIONAL YEARS SUSPENSION
GENERAL LINEAR MODEL (P<0.0001)
( More or Less Suspended years than other Groups)

Source: Oklahoma Department of Corrections

The type of crime is also significant. Although some minority groups are disproportional, they are consistent across types of crimes. Table 8 shows that of the 66,571 sentences, 35,281 or 53 percent are made up of five crime areas each of which account for no less than 5 percent of the total sentences. These five are Burglary II, Larceny, Forgery, DUI, and Drug Distribution. Of these five, the three crimes of Burglary II, Larceny, and Drug Distribution each represent more than 10 percent of the total number of sentences and together account for 40.0 percent of all sentences.

Because the corrections system is strained to the limits of housing capacity and resources, the type of crime as an independent variable may be worthy of further investigation.

TABLE 8
CRIME, GENDER, AND RACE INCARCERATIONS FOR OKLAHOMA

Source: Oklahoma Department of Corrections

Summary

The Department of Corrections provided the data set of 25,240 incarcerated individuals serving a total of 66,571 sentences among them for the purpose of analyzing the specifics of incarceration rates of Oklahoma Inmates. A comparison of this data to the 1990 census was used. Several tables illustrate the analysis of the data. The number of sentences being served are proportional to the inmate population averaging 2.64 sentences. However, the sentences vary in how they are combined, and therefore, some specific attributes of the sentences (such as the exact amount of time served per sentence per person) are not available from the data utilized.

Minorities total 17.87 percent of Oklahoma's general population, yet account for 41.45 percent of incarcerations. African Americans account for the majority of those proportionally over-represented in the criminal justice system. The rate of incarceration based on an individual's race was found to be in a statistically normal range with the exception of African Americans. The race-specific rate of African Americans in Oklahoma is 3452.081 incarcerations per 100,000 (compared to Asians with 18, Whites with 571, Indians with 614, Hispanics with 438, and others with 170).

Of particular significance are the statistics of African American female inmates who account for even a greater disproportional amount of sentences than their male counter-parts. African American males account for a total of 27.01 of all inmates 30.83 percent of all males and 30.03 percent of all males sentences, but African American females account for 40.08 percent of all females and 37.19 percent of all female sentences. African American females are especially prone toward the so-called "cheating" crimes (Bogus Check and Credit Cards, Forgeries, and Fraud) with 33.33 percent of all females incarcerated for these. Another area of significance is African American females and drug offenses, representing 34.07 percent of all females for these charges. Assault is another area of excessive African American female representation, with African American females representing 52.52 percent of all female sentences for this crime. Finally, Robbery is the only area with respect to African American females that is significantly underrepresented, with robbery sentences comprising only 76.63 percent of the expected amount based on chi square estimations.

Conclusions

The corrections systems of the U.S. (in general) and Oklahoma (in particular) are racially disproportionate among inmate populations. African American inmates have the greatest level of overrepresentation, with African American females especially over-represented. Given that Oklahoma possesses the highest rate of incarcerations of women in the U.S., this last statistical artifact (over-representation by African American females) must be further evaluated.

Bibliography

Oklahoma Department of Corrections (1992). Unpublished raw data.

U.S. Department of Justice, Federal Bureau of Investigation (1991). Crime in the United States (Uniform Crime Reports). Washington, DC: U.S. Government Printing Office

U.S. Department of Justice (1991). Sourcebook of Criminal Justice Statistics. (Bureau of Justice Statistics No. NCJ—137569). Washington, DC: U.S. Government Printing Office.

U.S. Bureau of the Census (1992). Statistical Abstract of the United States. (112th ed.) Austin, TX: The Reference Press.