While many factors affect states’ criminal justice policies, the size of the black population is often a significant driver of harsh practices

What drives criminal justice policy in America? Using data from a study of criminal justice policy from 2002 to 2007, Katharine A. Neill finds that criminal justice policy is complex and multidimensional, with many factors influencing policies. For example, states with more violent crime are more likely to arrest people for ‘immorality’ crimes, such as drug abuse and prostitution, and those with higher rates of property crime tend to have less punitive incarceration practices. She also finds that states with larger Black populations are also more likely to have more punitive incarceration practices, conditions of confinement and juvenile justice policies.