Both Paul Gilroy and Stuart Hall argue that crime statistics are socially constructed and these statistics do not reflect underlying differences in crime rates. They argue instead that the variations in stop and search and imprisonment rates by ethnicity are mostly explained by differences in stop and search rates of ethnic groups which means a higher proportion of black and Asian criminals are caught and prosecuted compared to white criminals
Look at the statistical evidence below, to what extent does the evidence support Gilroy’s and Hall’s views?
Self-report studies ask people to disclose details of crimes they committed but not necessarily been caught doing or convicted of. Graham and Bowling (1995) Found that blacks (43%) and whites (44%) had similar and almost identical rates of crime, but Asians actually had lower rates (Indians- 30%, Pakistanis-28% and Bangladeshi-13%).
Sharp and Budd (2005) noted that the 2003 offending, crime and justice survey of 12,000 people found that whites and mixed ethnicity were more likely to say they had committed a crime, followed by blacks (28%) and Asians (21%).
The British Crime Survey indicated that 44 per cent of victims were able to say something about the offender who was involved in offences against them. Among these, 85 per cent of offenders were said by victims to be ‘white’, 5 per cent ‘black’, 3 per cent ‘Asian’ and 4 per cent ‘mixed’. However, these stats are only for the minority of ‘contact’ offences and very few people have any idea who was involved in the most common offences such as vehicle crime and burglary. Therefore, in the vast majority of offences no reliable information is available from victims about the ethnicity of the criminal.
Prosecution and trial
The Crown Prosecution service (CPS) is responsible for deciding whether a crime or arrest should be prosecuted in court. They base it on whether there is any real chance of the prosecution succeeding and whether it is better for the public that they are prosecuted.
Ethnic minority cases are more likely to be dropped than whites, and blacks and Asians are less likely to be found guilty than whites. Bowling and Phillips (2002) argue that this is because there is never enough evidence to prosecute as it is mainly based on racist stereotyping. In 2006/7 60% of whites were found guilty, against only 52% of blacks, and 44% of Asians.
When cases go ahead members of ethnic minorities are more likely to elect for Crown Court trail rather than magistrates (even through Crown Courts can hand out more severe punishments), potentially because of a mistrust of magistrates.
Sentencing and prison
Jail sentences are more likely to be given to Blacks (68%) compared to Whites (55%) or Asians (59%), whereas Whites and Asians were more likely to receive community services. But this could be due to the seriousness of some ones offence of previous convictions.
Hood (1992) found that even when the seriousness of an offence and previous convictions were taken into account Black men were 5x more likely to be jailed and given a sentence which is 3 months (Asians 9 months) longer than whites.