The color of punishment: African Americans, skin tone, and the criminal justice system

Abstract

ABSTRACT Public debate and scholarly research has largely concentrated on the vast array of disparities between blacks and whites in their treatment by and experiences with the criminal justice system. Nevertheless, a growing body of research shows that African Americans’ life chances are internally stratified by gradational differences in their skin tone. This study brings together research on race, color, and the criminal justice system by using nationally-representative data to examine whether (and to what extent) skin tone is associated with policing and punishment among African Americans. I find that skin tone is significantly associated with the probability of having been arrested and/or incarcerated, net of relevant controls. Further analyses, using a sub-sample of whites drawn from the same nationally-representative survey, show that disparities in policing and punishment within the black population along the colour continuum are often comparable to or even exceed disparities between blacks and whites as a whole.