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Trident University International The Role of High Risk behavior in Cross-Cultural Studies: Racial Disparities in the Criminal Justice System Kevin S. Varner Cross-Cultural Perspectives MIH 514 Case Study Module Number 3 Course Professor: Dr. Gayl Anglin Acting Faculty Lead: Dr. Angela Hegamin August 19, 2013

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It is a well-documented fact that disparities exist in our criminal justice system regarding race. The extent of this inequality and the root causes are the areas in dispute. To this end, there have been multiple studies examining the problem from different angles. Each study seems to present new information about the extent of the problem and have different proposals for addressing the issue. Much of the data is consistent and points to an overwhelming disparity in the percentage of minorities in prison compared to the population percentage of these groups. Additionally, when discussing the mental health services available to treat mental health issues and rehabilitate the prison population there are further disparities apparent. RACIAL DISPARITIES During the 1950s data shows that 90% of the general population was white, and whites comprised 65% of the prison population (Primm; et al. 2005). Currently, Department of Justice projections state that if the status quo is maintained one in every three black males born after 2010 will go to prison in their lifetime, as will one in every six Latino males (Mauer, Marc 2010). According to census data, only 25% of the general population are considered non-white, yet 46% of the incarcerated population is Black and 16% is Hispanic, as of 2003 numbers (Primm; et al 2005). An obvious disparity exists based on these metrics. Some may site a disproportionate level of crime in minority populations as the reason for this gap in percentages, however, studies published in 2004 show this is only true for up to 61% of black incarceration levels, which indicates nearly 40% of disparity cannot be explained away (Mauer 2010). Additional data indicates there are further disparities at the state level, proving a significant amount of the disparities in incarceration is not a function of disproportionate levels of criminal behavior in minority populations (Mauer 2010). Even data collected on probation by race shows a disproportionate number of minorities are denied probation as more than half of

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those granted this status were white while only 30% are black and 12% were Hispanic (Primm; et al 2005). So, not only are there greater numbers of minorities arrested, but there are larger portions of minorities warehoused in prison for full sentences when compared to whites. Further disparities exist when correlated with drug usage and prison sentences. Data published in 2005 indicates 14% of drug users come from the African American population, yet they represent nearly 34% of drug offense arrests and 53% of those sentenced to prison for drug related crimes (Mauer 2010). Recent data suggests those incarcerated on drug charges total half of the federal prison population and that number has increased by thirteen-fold since 1980 (Lewis 2013). Based on the previous metrics showing the percentages of minority populations arrested and convicted of drug offenses it is easy to correlate just how great the racial disparities have become. MENTAL HEALTH SERVICES IN PRISON According to a study in 2005, over 16% of the imprisoned population had symptoms of serious mental health illness (Primm; et al 2005). This is twice the percentage of the general population, and five times the number of those in state psychiatric hospitals and only includes major mental health disorders; disabling disorders such as anxiety disorders, non-psychotic mood disorders, and substance use disorders are not in the metric (Primm; et al 2005). Similar data shows 20% of all persons in prison, jail, or on probation for violent offenses have a mental illness, yet position statements from the American Psychiatric Association (APA) and others describe the lack of services in correctional settings and show little effectiveness where they do exist (Primm; et al 2005). In the 2001 supplement to the 1999 Surgeon Generals report on mental health in the nation, data suggested that despite changes in health care trends, even in the general non-incarcerated population, African Americans face

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barriers in accessing desired forms of mental health care (Chang 2003). With the amount of minorities, especially those identifying as Black or African American, in our prison population and the lack of adequate mental health facilities available, coupled with the above data from the Surgeon General, it is very clear there are systemic problems with minorities receiving help for mental health issues in prison. PROPOSALS FOR POLICY CHANGES Multiple approaches must be taken to correct these horrendous disparities, not only in imprisonment, but also in the treatment available to minorities with mental health issues contributing to their illegal behavior. One recent approach to stemming the increasing tide of imprisonment in these populations comes from the Department of Justice. On August 12, 2013 the U.S. Attorney General announced a change in charging low-level, non-violent drug offenders who are not tied directly to large-scale trafficking organizations, gangs or cartels with crimes that carry mandatory minimum sentencing (Lewis 2013). The Attorney General sited data showing the rapid increase in prison populations throughout the country due to drug convictions, and Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights, stated that by revisiting the sentencing of some current non-violent inmates the Justice Department can reduce the enormous cost of warehousing inmates and start the health process (Lewis 2013). This is in-line with ideas to shift the focus and resources of law enforcement. However, there still must be a proportionate level of increase in health care services to address the inherent mental health issues for those incarcerated, as well as addressing issues of substance abuse leading to these illegal acts resulting in arrests. Data suggests community mental health organizations rarely provide services to populations with arrest and incarceration history, stating

Family, Workforce & Biocultural Ecology: English and Foreign Languages in the Workplace

a lack of cultural competency is to blame (Primm; et al 2005). This leads to the need for increased cultural competency in systems of care, not only for mental health, but in all areas of health care. Training programs related to government initiatives such as Healthy People 2020, and legislation such as the Affordable Care Act, should include cultural awareness and competency throughout the entire industry. Another course of thought argues that incarceration provides an opportunity from a public health standpoint for health intervention (Binswager; et al 2011). Basically, they are a captive audience so every opportunity to improve on a major public health concern by taking time to fix any mental health issues discovered should be utilized. Currently society agrees reducing the spread of infectious disease and controlling costs while improving public safety are all justified (Binswager; et al 2011). Including improvements in mental health, especially related to racial and ethnic disparities, could easily become a priority. This allows a change in the current paradigm, shifting further to rehabilitation and away from incarceration. Conclusion There is no question that racial disparities exist within the criminal justice system. Numerous studies have been conducted showing this with numbers. Additional statistics show mental health issues are abundant in prison populations at a disproportionate level. The combination of metrics highlight how minority populations are the most affected by this lack of service in health care. Simple solutions have already begun with the Attorney General and Department of Justice changes. The War on Drugs is being modified at the federal level. The next step should be to address the issues discussed above. This problem is not insurmountable, merely difficult. Through cooperation between law enforcement, government, and health care

Family, Workforce & Biocultural Ecology: English and Foreign Languages in the Workplace

we can address these disparities and begin the process of improving the public health, even our incarcerated public.

Family, Workforce & Biocultural Ecology: English and Foreign Languages in the Workplace

References Binswanger, Ingrid; et al (2011) Health Disparities and the Criminal Justice System: An Agenda for Further Research and Action. Journal of Urban Health: Bulletin of the New York Academy of Medicine, Vol 89, No.1. Retrieved from ProQuest. Chang, Doris F. (2003) An Introduction to the Politics of Science: Culture, Race, Ethnicity, and the Supplement to the Surgeon Generals Report on Mental Health. Culture, Medicine and Psychiatry 27: 373-383, 2003. Retrieved from ProQuest. Lewis, Tyler (2013) DOJ Announces Smart on Crime Initiative to Address Racial and Ethnic Disparities in the Criminal Justice System. The Leadership Conference; civilrights.org; August 12, 2013. Retrieved from www.civilrights.org/archives/2013/august/dojcriminal-justice.html Mauer, Marc (2010) Justice for All? Challenging Racial Disparitites in the Criminal Justice System. Human Rights, Vol 37, No. 4, Fall 2010. Retrieved from ProQuest. Primm, Annelle; et al (2005) Race, Ethnicity, Mental health Services and Cultural Competence in the Criminal Justice System: Are we Ready to Change? Community Mental health Journal, Vol 41, No. 5, October 2005. Retrieved from ProQuest.