Over the years crime has been declining however incarceration rates continue to increase, especially among minorities of color. There are a variety of variables that contribute to disproportionate incarceration rates. One of them is racial disparity, specifically among African American men alongside Hispanic men. Although minorities and whites may be facing trial due to same conviction there is often racial disparity in the justice system. This causes deferential treatment “of members of a particular racial or ethnic group from members of the majority group when all other factors are the same” (Johnson 1). If an offense is committed by a Caucasian and by a minority the Caucasian is more likely to receive a lesser punishment for the same crime committed by the minority. The three-strike law contributes to the incarceration of more minorities due to the communities they live in. Usually, minorities live in poorer communities, which cause there to be more police and more arrest among minorities. Although, there are many variables that affect disproportionate incarceration rates among minorities it is clear that minorities are being treated unequally. However, broadly most researchers argue that disparity is thought to happen because of race or other factors that may be confound with race.
The charts provide even more evidence that minorities are being disproportionately incarcerated compared to whites. It is hard to determine exactly when racial disparity occurs among minorities in the justice system. It may occur at any stage from “arrest or indictment to plea bargaining, trial or sentencing. Any time an individual is given the power to determine the fate of another individual disparity is a possible” (Johnson 4).