The Color of Punishment: Skin Color, Afrocentric Features, and Criminal Case Processing

• In Event: Colorism in the Criminal Justice System

Abstract

Existing research on colorism and punishment has been largely relegated to either highly select jurisdictions, few racial/ethnic groups, relatively small sample sizes, or to the latter stages of the criminal justice system. This paper addresses each of these consequential limitations by merging approximately 50,000 booking photos to detailed case information from the Texas Department of Public Safety that tracks criminal cases from arrest through sentencing. Three key findings emerge: 1) beyond racial/ethnic categorization, skin color and Afrocentric appearance influence not just the likelihood of incarceration, but conviction as well; 2) these effects are concentrated among Black, Hispanic, and Asian defendants, and; 3) we fail to replicate findings suggesting that Afrocentric appearance is predictive of punishment among Whites. Supplemental analyses suggest that previous results showing Afrocentric effects among Whites were likely confounded by Hispanic ethnicity. Combined, these findings have important empirical and theoretical implications for understanding racial inequality under the law.

Authors

• Michael T. Light, University of Wisconsin-Madison

• Avery Warner, University of Wisconsin-Madison