19
non-negligent manslaughter arrests. Nazgol Ghandnoosh, Race and
Punishment: Racial Perceptions of Crime and Support for Punitive
Policies (Washington, DC: The Sentencing Project, 2014), 20 (citing
Federal Bureau of Investigation, “Crime in the United States 2015,”
table 43A (arrests by race and ethnicity, 2015),
https://perma.cc/AKG8-EYNV, https://perma.cc/TA8F-SFEH.
Arrest rates are an imperfect measure of actual rates of oending,
however, given the history of overpolicing primarily black
communities. When comparing arrest rates to imprisonment rates
for dierent oenses, Alfred Blumstein found that in 1991 “[d]
ierential arrest rates accounted for the over-representation
of blacks in prison by 89 percent for robbery, 75 percent for
burglary, and 50 percent for drug crimes.” Ghandnoosh, Race
and Punishment (2014), at 21 (citing Alfred Blumstein, “Racial
Disproportionality of U.S. Prison Populations Revisited,” University
of Colorado Law Review 64, no. 3 (1993), 743-60).
98 On education: While 5 percent of white children grow up with a
parent who did not graduate from high school, 12 percent of black
and 40 percent of Latino children grow up with a parent who did
not graduate from high school. American Psychological Association
Presidential Task Force on Educational Disparities, Ethnic and
Racial Disparities in Education: Psychology’s Contributions to
Understanding and Reducing Disparities (Washington, DC: American
Psychological Association, 2012), 17, https://perma.cc/G87C-X8GB.
The quality of education sometimes diers based on the racial
composition of a school. A 2007 study showed that white students
on average attend schools where 77 percent of the children are
white, while black or Latino students typically attend schools where
at approximately two-thirds of the students are also black or Latino.
Gary Orfield and Chungmei Lee, Historic Reversals, Accelerating
Resegregation, and the Need for New Integration Strategies (Los
Angeles: The Civil Rights Project/ Proyecto Derechos Civiles, UCLA,
2007), 24-26, https://perma.cc/7ZQH-TS2Y. Approximately two-
thirds of teachers in predominantly white schools are certified to
teach in their subject areas, while only about half of teachers in
predominantly black or Latino schools are so certified. APA Task
Force, Ethnic and Racial Disparities, (2012), at 17. On unemployment:
The unemployment rate for black people in 2016 averaged 8.4
percent, compared to 4.3 percent for white people and 5.8 percent
for Latino people. Bureau of Labor Statistics, “Unemployment Rate
and Employment-Population Ratio Vary by Race and Ethnicity,”
January 13, 2017, https://perma.cc/CD29-ZLTE. Unemployment in
particular has been linked to a greater likelihood of incarceration,
particularly for unemployed black men. Theodore G. Chiricos and
William D. Bales, “Unemployment and Punishment: An Empirical
Assessment” Criminology 29, no. 4 (1991), 701-24. On household
wealth: The median household income for black families in 2016 was
just $39,490, compared to $65,041 for white, non-Latino families.
Semega, Fontenot, and Kollar, Income and Poverty 2016 (2017), at 5.
99 Christopher Wildeman, “Parental Imprisonment, the Prison Boom,
and the Concentration of Childhood Disadvantage,” Demography
46, no. 2 (2009), 265-80, 270-71.
100 Eric Martin, “Hidden Consequences: The Impact of Incarceration on
Dependent Children,” National Institutes of Justice Journal No. 278,
March 2017, https://perma.cc/NN9J-ABF2.
101 Todd R. Clear, “The Eects of High Imprisonment Rates on
Communities,” Crime and Justice 37, no. 1 (2008), 97-132, 111.
102 Hedwig Lee, Christopher Wildeman, Emily Wang, et al., “A Heavy
Burden: The Cardiovascular Health Consequences of Having a
Family Member Incarcerated,” American Journal of Public Health
104, no. 3 (2014), 421-27, https://perma.cc/6TGX-8SMT.
103 “Collateral consequences are legal and regulatory sanctions
and restrictions that limit or prohibit people with criminal records
from accessing employment, occupational licensing, housing,
voting, education, and other opportunities.” Council of State
Governments Justice Center, “National Inventory of the Collateral
Consequences of Conviction,” https://perma.cc/VRZ2-PTH7. On
collateral consequences and reentry, see Ram Subramanian,
Rebecka Moreno, and Sophia Gebreselassie, Relief in Sight? States
Rethink the Collateral Consequences of Criminal Conviction,
2009-2014 (New York: Vera Institute of Justice, 2014), 8 (when issues
like mental illness, substance abuse, or lack of vocational skills or
education are left unaddressed, the risk of recidivism increases),
https://perma.cc/2PTX-QCD7; Michael Pinard, “Reflections and
Perspectives on Reentry and Collateral Consequences,” Journal of
Law and Criminology 100, no. 3 (2010), 1213-24, 1218-22,
https://perma.cc/KBN2-2KKQ; and Michael Pinard, “An Integrated
Perspective on the Collateral Consequences of Criminal
Convictions and Reentry Issues Faced by Formerly Incarcerated
Individuals,” Boston University Law Review 86, no. 3 (2006), 623-690,
https://perma.cc/ZS9L-7BYU. On the negative impact of a criminal
record on employment chances, see Devah Pager, “The Mark of a
Criminal Record,” American Journal of Sociology 108, no. 5 (2003),
937-75, https://perma.cc/27YT-2WEV. Moreover, black men without
a record are less likely to find employment than white men with a
record, highlighting the way that racial discrimination continues
to influence black people outside of the confines of the criminal
justice system. See Pager, Western, and Sugie, “Sequencing
Disadvantage” (2009); Pager, Marked: Race, Crime and Finding
Work (Chicago: University Of Chicago Press, 2009); and Pager,
“The Mark of a Criminal Record” (2003).