There are a disproportionate number of blacks in jail & prison and about 40% of that disproportion IS NOT due to a higher crime rate:
...in a review of the work on sentencing disparities for the American Bar Association, Marc Mauer cites 2008 research suggesting “only 61 percent of the black incarceration rate is explained by disproportionate engagement in criminal behavior…Thus, nearly 40 percent of the racial disparity in incarceration today cannot be explained by differential offending patterns.”
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