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Contents
ABO UT THE AUTHO RS v
PREFACE xvii
1 Race, Ethnicity, and Crime: American’s

Continuing Crisis 1
The National Race Crisis, 2014–2016 1
Race, Ethnicity, and Justice in America 3
Is Discrimination Just a Myth? 4
Objectives of the Book 6
The Colors of America: Racial and Ethnic Categories 8
The Official U.S. Census Categories 9
Race 10
Ethnicity 11
Problems with Traditional Racial and Ethnic Categories 13
Problems with Criminal Justice Data on Race
and Ethnicity 20
Case Study: How Many People Are Shot and Killed
by the Police? 20
Counting Race and Ethnicity in Criminal Justice Data 21
The Crime and Immigration Controversy 22
Sorting Out the Facts on Immigration 23
The Immigration and Crime Controversy 24
Problems with Immigration Enforcement 25
vii
viii CONTENTS
“Insecure Communities”:The Impact of Immigration Enforcement

on the Hispanic Community 26
The Geography of Racial and Ethnic Justice 27
Disparity versus Discrimination 28
Disparity 28
Discrimination 29
The Problem of Unconscious Bias 30
The Law of Discrimination 31
The Discrimination–Disparity Continuum 31
A Theoretical Perspective on Race, Ethnicity, and Crime 33
Alternative Theories 34
Conclusion 35
Discussion Questions 35
Notes 36
2 Victims and Offenders: Myths and Realities

about Crime 43
Media and Crime 44
Racial Hoaxes 44
Race and Gender of Crime Victims 45
A Broader Picture of the Crime Victim 47
The National Crime Victimization Survey 49
Household Victimization 51
The Effect of Urbanization 52
Personal Victimization 53
The Effects of Urbanization 55
Prevalence of Crime Victimization 59
Lifetime Likelihood of Victimization 61
Homicide Victimization 62
Summary: A More Comprehensive Picture of the Crime Victim 64
Picture of the Typical Offender 64
Official Arrest Statistics 67
Problems with UCR Data 68
Arrest Data 70
Perceptions of Offenders by Victims 76
Problems with NCVS Offender Data 76
Perceptions of Offenders 76
Self-Report Surveys 79
CONTENTS ix
Problems with Self-Report Surveys 79

Characteristics of Offenders 80
Theoretical Explanations for the Racial Gap in Offending 80
Community Influence on the Racial Gap in Offending Rates 81
Drug Offenders 83
Mass Shooting Offenders 84
Summary: A Picture of the Typical Criminal Offender 86
Crime as an Intraracial Event 87
National Crime Victimization Survey 87
Uniform Crime Report Homicide Reports 88
Summary 88
Crime as an Interracial (Hate) Event 88
Ethnic Youth Gangs 94
Gang Myths and New Realities 95
Varieties of Ethnic Street Gangs 99
African American 99
Native American 99
Asian American 100
Hispanic 101
White 101
Conclusion 102
Notes 104
3 Race, Ethnicity, Social Structure, and Crime 113

A Snapshot of Coming Home from Prison: Social Inequality
and Criminal Justice 114
Inequality and Crime 115
It’s Not Just the Criminal Justice System 115
Inequality in America: Long-Term Trends and the Recession 116
Two Societies? 116
Economic Inequality 117
Income 117
Wealth 118
The “Family Thing”: Emergency Assistance and Inheritance 121
The Growing Gap between the Very Rich and
the Rest of Americans 121
Unemployment 122
x CONTENTS
Poverty Status 124

Insurance Coverage 124
Social Capital and Cultural Capital 125
The Debate over the Underclass 127
Community Social Structure 128
Residential Segregation 128
“Distressed Communities”:The Growing Gap
in Community Well-Being 129
Crime and Neighborhood Deterioration 129
Well-Being 131
Theoretical Perspectives on Inequality and Crime 131
Social Strain Theory 132
Applying the Theory 133
Differential Association Theory 133
Social Disorganization Theory 134
Culture Conflict Theory 136
Conflict Theory 137
Routine Activity Theory 137
The Limits of Current Theories 138
Inequality and Social Reform 139
The Impact of the Civil Rights Movement 140
Conclusion 142
Notes 143
4 Justice on the Street? The Police and People

of Color 149
Unequal Justice? The National Police Crisis 150
The Post-Ferguson Events 150
A Long History of Conflict 151
A Contextual Approach to Policing Communities
of Color 151
The African-American Community 151
CONTENTS xi
The Hispanic Community 152

The Native American Community 152
Asian, Native Hawaiian, and Pacific Islanders 153
The Arab-American Community 153
Public Attitudes about the Police 154
How Police Officer Conduct Shapes Attitudes 156
Police Use of Deadly Force 156
The Lack of National Data on Police Shootings 157
Patterns in Police Shootings 157
Controlling Police Use of Deadly Force 159
The Role of Unconscious Bias in Police Shootings 160
Does Skin Tone Matter? 160
“Police Brutality”: Police Use of Physical Force 161
What Is “Police Brutality?” 161
The Prevalence of Force and Excessive Force 161
Race, Police–Community Relations, and Disrespect
for the Police 162
Force in Traffic and Pedestrian Stops 163
The Control of Police Use of Force 164
De-Escalation: A New Approach to Reducing Police
Use of Force 165
Discrimination in Arrests? 166
Arrests and the War on Drugs 167
Traffic Stops: Racial Profiling 169
Profiling Contexts 170
The Data on Traffic Enforcement 171
“A Deep Racial Chasm”:The Experience of Traffic Stops 172
Legitimate and Illegitimate Use of Race and Ethnicity in Policing:
The PERF Model Policy 173
Eliminating Bias in Traffic Enforcement 174
How Formal Policies Can Reduce Bias in Stops and Searches:
The Case of the Customs Bureau 175
The Stop and Frisk Controversy 176
The Problem of Stereotyping and Routine Police Work 177
Verbal Disrespect and Abuse 177
Police Officer Attitudes versus Institutional Practices 178
Police Corruption and Communities of Color 178
Improving Police–Community Relations 179
xii CONTENTS
Citizen Complaints against the Police 180

Citizen Oversight of the Police 182
Police Employment Practices 182
“Not Your Father’s Police Department” 182
Trends in African-American and Hispanic Employment 183
Discrimination in Assignment 184
Does the Composition of a Police Department Make
a Difference? 185
Do Officers of Color Perform Better? 185
Conclusion 186
Notes 188
5 The Courts: A Quest for Justice during

the Pretrial Process 197
African Americans in Court: The Case
of the Scottsboro Boys 198
The Situation Today 200
Decisions Regarding Counsel and Bail 202
Racial Minorities and the Right to Counsel 202
Racial Minorities and Bail Decision Making 212
Charging and Plea Bargaining Decisions 224
Prosecutors’ Charging Decisions 224
Prosecutorial Discretion in the Context of Mandatory
Minimum Sentences and Habitual Offender Laws 228
The Effect of Offender Race and Victim Race
on Charging Decisions 229
Prosecution of Pregnant Women Who Abuse Drugs:
Racial Discrimination? 234
Race and Plea Bargaining Decisions 236
Conclusion 239
Notes 241
6 Justice on the Bench? Trial and Adjudication

in Criminal Court 251
Race/Ethnicity and the Criminal Trial 252
Trial and Adjudication in the Twenty-First Century 252
CONTENTS xiii
Selection of the Jury Pool 255

Racial Discrimination in Selection of the Jury Pool 255
The Exclusion of Mexican Americans from Jury Service 257
Techniques for Increasing Racial Diversity of the Jury Pool 259
The Peremptory Challenge: Racial Profiling in the
Courtroom? 263
The Supreme Court and the Peremptory Challenge:
From Swain to Batson and Beyond 265
Race and Jury Selection in the Twenty-First Century 274
Exonerating the Innocent: Rape, Race, and Mistaken
Eyewitness Identification 277
Rape, Race, and Misidentification 278
Playing the “Race Card” in a Criminal Trial 279
Race-Conscious Jury Nullification: Black Power
in the Courtroom? 284
Randall Kennedy’s Critique 286
Conclusion 287
Notes 288
7 Race and Sentencing: In Search of Fairness
and Justice 293
Race and Sentencing: Is the United States Moving
Forward or Backward? 294
Racial Disparity in Sentencing 296
Five Explanations for Racial Disparities in Sentencing 297
Empirical Research on Race and Sentencing 300
Reviews of Recent Research 300
When Does Race/Ethnicity Matter? 303
Race/Ethnicity and Sentencing: Direct and Indirect Effects 304
Are Hispanics Sentenced More Harshly Than
All Other Offenders? 306
Are Illegal Immigrants Sentenced Differently Than
U.S. Citizens? 307
Are Asian Americans Sentenced More Leniently Than
All Other Offenders? 310
Native Americans and Sentencing Disparity: Disparity in
State and Federal Courts 311
Race/Ethnicity, Gender, Age, and Employment:
A Volatile Combination? 312
xiv CONTENTS
Differential Treatment of Interracial and Intraracial Sexual

Assault 316
Offender–Victim Race and Sentences for Sexual Assault 319
The Effect of Race on Sentencing for Various Types
of Crimes 323
The Liberation Hypothesis and Offenders Convicted
of Violent Felonies 324
Racial Discrimination in the Sentencing of Misdemeanor
Offenders? 326
Sentencing and the War on Drugs 327
Racial Disparities in Sentences Imposed for Drug Offenses 328
Sentencing of Drug Offenders in State Courts 330
Sentencing of Drug Offenders in Federal Courts 335
Racial Minorities and Cumulative Disadvantage 337
Recent Research:The Effect of Skin Tone on Punishment 338
Summary: Research on Race and Sentencing 339
Does It Make a Difference? A Comparison of the Sentencing
Decisions of African American, Hispanic, and White Judges 339
Decision Making by African-American and White Federal
Judges 341
Decision Making by African-American
and White State Court Judges 343
Reasons for Similarities in Decision Making 345
Conclusion 347
Notes 349
8 The Color of Death: Race and the Death Penalty 359

The Constitutionality of the Death Penalty 361
Furman v. Georgia 361
Post-Furman Decisions 363
Attitudes toward Capital Punishment 364
Race and the Death Penalty: The Empirical Evidence 368
Statistical Evidence of Racial Disparity 368
Pre-Furman Studies 374
Post-Gregg Studies 378
Race and the Federal Capital Sentencing Process 387
Explanations for Disparate Treatment 391
CONTENTS xv
McClesky v. Kemp: The Supreme Court and Racial

Discrimination in the Application of the Death Penalty 392
The Aftermath of McCleskey: Calls for Reform or Abolition
of the Death Penalty 397
The Racial Justice Act 398
The Death Penalty in the Twenty-First Century 400
The Movement to Reform the Death Penalty 402
The Movement to Abolish the Death Penalty 403
Conclusion 406
Notes 408
9 Corrections in America: A Portrait in Color 419

The Incarcerated: Prison and Jail Populations 423
Minority Overrepresentation 423
Intersectionality with Gender and Age 425
Security Level of Facilities 428
Historical Trends 430
Conclusion 431
Race, Ethnicity, and Recidivism 431
The Age of Mass Incarceration 432
Offender Reentry 433
Community Corrections 434
Parole: Early Release from Prison 434
Success and Failure on Parole 436
Probation: A Case of Sentencing Discrimination? 437
Community Corrections: A Native American Example 438
Adjustment to Prison 443
Hostility among Released Inmates 445
Prisoner Visitation and Successful Reentry 446
Race and Religion 446
Prison Gangs 448
Aryan Brotherhood 449
Black Guerilla Family 450
Mexican Mafia 450
Neta 450
Texas Syndicate 451
Women in Prison 453
xvi CONTENTS
Conclusion 454
Notes 455
10 Minority Youth and Crime: Minority Youth

in Court 461
The Juvenile Population in the United States 463
Young Racial Minorities as Victims of Crime 464
Property Crime Victimization 464
Violent Crime Victimization 465
Victimization of Young African-American Girls 468
Homicide Victimization 469
Young Racial Minorities as Offenders 470
Juvenile Arrests 471
Juveniles of Color and the Police 477
Race/Ethnicity and the Juvenile Justice System 481
Race/Ethnicity, Gender, and Age: Juvenile Justice
in Nebraska 493
Transfer of Juveniles to Criminal Court 495
Explaining Disparate Treatment of Juvenile Offenders 498
Juveniles under Correctional Supervision 500
Conclusion 501
Notes 503
11 The Color of Justice 511

Explaining Persistent Racial and Ethnic Disparities 513
Explaining the Disparities: Systematic Discrimination? 514
Past and Present 515
The Stubborn Persistence of Racial and Ethnic Disparities 516
Notes 518
SE LE CTED BI BL I O GRAPHY 521
INDEX 547
Preface
B eginning with the highly publicized shooting of Michael Brown in Ferguson,

Missouri, on August 9, 2014, the United States has been in the midst of a
national crisis over policing and race. Deaths of African Americans at the hands of
the police, followed by angry protests, have been regular occurrences. The situa-
tion took another dramatic turn in July 2016 with the deliberate assassination of
police officers in Dallas, Texas, and Baton Rouge, Louisiana. The national crisis is
not confined to the police.The refusal of grand juries in Ferguson and other cities
to indict police officers on criminal charges has raised a related controversy over
how the courts deal with racial issues. Additionally, the United States continues to
stand alone internationally because of its enormous prison population, and what
critics label the policy of “mass incarceration.”
Since the first edition of The Color of Justice 20 years ago, this book has
addressed the key issues related to race, ethnicity, and crime. Over that period,
there have been many changes. Crime dropped significantly across the country,
although in the last year or two homicides have risen in a number of large cit-
ies. Immigration emerged as a national political controversy. Public opinion on
imprisonment has also been changing. Beginning around 2009 the prison popu-
lation began a small but notable decline, reversing the imprisonment boom that
began in the 1970s. Finally, attitudes toward the death penalty have begun to
change, and the number of executions has fallen. The sixth edition of The Color
of Justice continues to provide the most up-to-date information on this contin-
ually changing subject. The book includes some information that became avail-
able only weeks before the manuscript went to the printer.
This edition of The Color of Justice continues to address the multira-
cial and multiethnic character of American society and even expands that cover-
age. There is a significantly growing body of information on the fastest-growing
minority segment of the American population and the Hispanic and Latino com-
munities, and this edition incorporated this new knowledge. The coverage of
other racial and ethnic groups has also been expanded.
xvii
xviii PREFACE
Finally, and particularly important, The Color of Justice continues to pro-

vide a critical perspective on all the controversial issues related to race, ethnicity,
and criminal justice. Much of what appears in the news media is incomplete or
even wrong. The Color of Justice will help readers gain a clear and fact-based
understanding of the controversial issues of police shootings, racial profiling, pat-
terns of criminal behavior and victimization, the prosecution of offenders, plea
bargaining, and the death penalty. By the end of the book, readers will be able
to knowledgeably discuss the difficult issues of racial or ethnic disparities in how
people are treated and whether or not there are patterns of discrimination.
ORGANIZATION
This book is divided into eleven chapters. The organization is designed to guide
students through a logical exploration of the subject, beginning with a discussion
of the broader social context for race and ethnicity in American society and then
moving to the different components of the criminal justice system: police, courts,
corrections, the death penalty, and juvenile justice.
NEW TO THIS EDITION
For the sixth edition, we have significantly updated research and included the
most current statistics available, particularly regarding Hispanic groups. We have
also included material on some of the most important recent developments in the
field—racial profiling in the context of homeland security, for instance, as well
as hate crime legislation, the disproportionate attention given to crime victims
according to race, minority youth victimization rates, the intersection of race and
domestic violence, the impact of the financial crisis on the criminal justice system,
and much more:
■ Chapter 1, “Race, Ethnicity, and Crime,” has been revised to reflect changes
in the state of the racial and ethnic composition of the United States and
how those changes affect the criminal justice system.
■ Chapter 2, “Victims and Offenders,” includes a reexamination of media
depictions of crime victims, especially the race of victims, and also includes
expanded discussions of environmental racism, immigration and crime, and
additional theoretical perspectives on the causes of criminal violence and
hate crime.
■ Chapter 3, “Race, Ethnicity, Social Structure, and Crime,” features the
most recent data on the social and economic status of African Americans,
Hispanics, and white Americans. Particular attention is paid to the impact
PREFACE xix
of the economic recession that struck the nation in 2008 and the growing
inequalities of income and wealth in America.
■ Chapter 4, “Justice on the Street,” covers the national police crisis that began
in 2014 and the public response. There is important new information of
police shootings. Attention is given to the issue of procedural justice, one of
the most important new concepts in policing. It also covers the recommen-
dations of the 2015 President’s Task Force on 21st Century Policing. Finally,
some of the promising innovations regarding police accountability designed
to curb police misconduct are covered.
■ Chapter 5, “The Courts,” includes new material reflecting recent research on
the relationship between race/ethnicity, pretrial detention, and sentencing,
as well as a discussion of the treatment of illegal immigrants in federal courts
and expanded coverage of the ways in which race and ethnicity influence
prosecutorial charging and plea bargaining decisions. It also includes a dis-
cussion of the Duke Lacrosse case and the case of the Jena Six.
■ In Chapter 6, “Justice on the Bench,” there is expanded coverage of race
and ethnicity in the jury selection process, with a focus on the 2010 report
by the Equal Justice Initiative that documented disparities in eight southern
states. There also is a new section on racial profiling in the courtroom, which
examines the use of cultural stereotypes of the Hmong people.
■ In Chapter 7, “Race and Sentencing,” there are new sections on sentenc-
ing illegal immigrants and Asian Americans in federal courts, as well as new
material on Devah Pager’s work on the “mark of a criminal record” and a
discussion of unconscious racial bias among judges. Chapter 7 also includes
new research exploring the direct and indirect effects of race and ethnicity
on sentencing in state and federal courts.
■ Chapter 8, “The Color of Death,” covers the decline in the use of the
death penalty. It also covers gendered racism in the use of the death penalty,
updated material on Supreme Court decisions that affect the use of capital
punishment, and a discussion of the racial justice acts that have been recently
enacted. Also in Chapter 8 is a new section focusing on race and the proba-
bility of execution.
■ Chapter 9, “Corrections in America,” addresses the issue of “mass incarcer-
ation.” There is updated information on federal and state incarceration, jail
populations, and tribal jails. The chapter also provides updated information
for international incarceration rates and prison gangs and presents new
research that addresses the role of race in parole board decision making and
in post-release hostility.
■ Chapter 10, “Minority Youth and Crime,” includes a more extensive discus-
sion of explanations for the higher violent victimization rate among racial
and ethnic minority youth and new material on racial and ethnic disparities
in arrests of juveniles; it also features a new section that discusses the victim-
ization of African-American girls.
xx PREFACE
List of Reviewers:
Gail Beaudoin, University of Massachusetts at Lowell

Brenda Berretta, Middle Tennessee State University
Michele P. Bratina, Indiana University of Pennsylvania
T. D. Coleman, Rochester, South University
Ken Ezell, Fort Valley State University
Angelina Forde, University of Tennessee
Jay Gilliam, University of Illinois Springfield
Lora Lempert, University of Michigan-Dearborn
Faith Lutze, Washington State University
James P. Mayes, North Carolina A&T State University
Kathleen Rettig, Creighton University
Mike Seredycz, University of Wisconsin-Parkside
Susan F. Sharp, University of Oklahoma
Karen Sternheimer, University of Southern California
Quanda Stevenson, The University of Alabama
Rob Tillyer, University of Texas at San Antonio
SUPPLEMENTS
Cengage Learning provides a number of supplements to help instructors use

The Color of Justice: Race, Ethnicity, and Crime in America in their courses and to aid
students in preparing for exams. Supplements are available to qualified adopters.
Please consult your local sales representative for details.
MindTap® for Criminal Justice The most applied learning experience
available, MindTap is dedicated to preparing students to make the kinds of rea-
soned decisions they will have to as criminal justice professionals faced with
real-world challenges. Available for virtually every Criminal Justice course, Mind-
Tap offers customizable content, course analytics, an e-reader, and more—all
within your current learning management system. With its rich array of assets—
interactive visual summaries, decision-making scenarios, and quizzes—MindTap
is perfectly suited to today’s students of criminal justice, engaging them, guid-
ing them toward mastery of basic concepts, and advancing their critical thinking
abilities.
Online Instructor’s Manual with Lesson Plans The manual includes
learning objectives, key terms, a detailed chapter outline, a chapter summary, les-
son plans, discussion topics, student activities, “What If ” scenarios, media tools,
and sample syllabi. The learning objectives are correlated with the discussion top-
ics, student activities, and media tools.
PREFACE xxi
Downloadable Word Test Bank The enhanced test bank includes a vari-
ety of questions per chapter—a combination of multiple-choice, true-false, com-
pletion, essay, and critical thinking formats, with a full answer key. The test bank is
coded to the learning objectives that appear in the main text, and identifies where
in the text (by section) the answer appears. Finally, each question in the test bank
has been carefully reviewed by experienced criminal justice instructors for quality,
accuracy, and content coverage so instructors can be sure they are working with
an assessment and grading resource of the highest caliber.
Cengage Learning Testing Powered by Cognero, the accompanying assess-
ment tool is a flexible, online system that allows you to:
■ import, edit, and manipulate test bank content from the text’s test bank or
elsewhere, including your own favorite test questions;
■ create ideal assessments with your choice of 15 question types (including
true/false, multiple-choice, opinion scale/Likert, and essay);
■ create multiple test versions in an instant using drop-down menus and famil-
iar, intuitive tools that take you through content creation and management
with ease;
■ deliver tests from your LMS, your classroom, or wherever you want—plus,
import and export content into other systems as needed.
Online PowerPoint Lectures Helping you make your lectures more
engaging while effectively reaching your visually oriented students, these
handy Microsoft PowerPoint® slides outline the chapters of the main text in a
classroom-ready presentation. The PowerPoint slides reflect the content and
organization of the new edition of the text and feature some additional examples
and real-world cases for application and discussion.
1
RACE, ETHNICITY, AND CRIME:

American’s Continuing Crisis
L E ARN ING OBJ E C T IV E S

After you have read this chapter:
1. You will understand the basic goals of the book as a whole.
2. You will have an understanding of how race and ethnicity are central
to understanding crime and criminal justice in America.
3. You will be able to discuss recent trends in criminal justice, the current
crime situation in America, emerging problems in the criminal justice
system, and how all of these factors affect race, ethnicity, and justice.
4. You will be familiar with the difference between race and ethnicity.
You will also understand whether or not these are really scientific
categories, and how they are used by the U.S. Census Bureau and by
criminal justice agencies.
5. You will understand the quality of commonly used criminal justice
data (e.g., arrests) and whether they provide an accurate picture of what
actually happens in the justice system.
6. You will be able to discuss the difference between disparities and
discrimination with regard to race and ethnicity.
THE N AT IONAL RAC E C RISIS, 2 0 1 4 – 2 0 1 6
On August 9, 2014, police officer Darren Wilson of the Ferguson, Missouri,

police department shot and killed Michel Brown, an unarmed 18-year-
old African American. The shooting touched off protests, which eventually
1
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HON. JAMES R. GARFIELD
Copyright, Harris-Ewing, ’08.
But the need of shelter will continue, for Mr. Griscom writes that
the homes of 1,100,000 persons have been completely or partially
destroyed and their mode of life interrupted, so on his advice and
that of the Italian Government, the American Red Cross, with the
kind aid of Pay-Inspector J. A. Mudd, of the United States Navy, who
took entire charge of this matter, purchased in New Orleans, at a
cost of $100,000, the materials for 550 complete houses, chartering
for the purpose of their transportation the S. S. Newlands, which
sailed for Messina on February 11. Besides the materials for these
houses, there was shipped a large quantity of lumber. No carpenters
nor tools were sent on this vessel, as those already sent on the
Government ships would be available for the work of erecting these
Red Cross houses, each of which will have before it a little metal
enameled placard in red, white and blue, of which a reproduction is
given at the head of this article.
HON. HENRY M. HOYT
Ex-Governor Guild on January 26 informed the Red Cross that

forty-nine portable houses could be obtained in Massachusetts from
the Springfield Portable Construction Company. These were
purchased for $6,978, and shipped on one of the vessels carrying
the government lumber directly to Messina, without expense. The
Springfield Portable Construction Company kindly returned to the
Red Cross $500 of the payment made on these houses as their
contribution for the relief work.
As the Congressional appropriation has been entirely expended
for house materials and the chartering of ships, the American Red
Cross, besides expending $10,000 for the erection of the houses it
has sent over, has transmitted $38,000 to pay for the erection of the
houses to be made from the materials purchased and shipped by the
United States Government.
HON. ELIHU ROOT
EARLY DAYS OF RELIEF

BY W. BAYARD CUTTING, JR.
Special Representative of the American National Red Cross.
Mr. W. Bayard Cutting, the American Vice-Consul at Milan, who
was promptly sent to the scene of the disaster by the Ambassador at
Rome to look after American and consular interests, was requested
by the American Red Cross to act there as its Special
Representative, and $15,000 was placed at his disposition to meet
any immediate needs, especially those of any Americans he might
discover among the victims. Mr. Cutting most kindly consented to act
in this capacity. He was on the scene within a few days of the
catastrophe, and his interesting article written for the Bulletin gives
a graphic description of the early days of the relief work. The Red
Cross is not only indebted to Mr. Cutting for this article, but for the
valuable aid he rendered to the Society.—Editor.
When the steamer Nord Amerika entered the harbor of Messina
on the morning of January 2, 1909, there was no excited rush among
the passengers to get a first view of the town. We knew that we were
about to have one of the greatest impressions of our life, to see a
panorama of desolation and destruction such as the world has rarely
presented in the history of man. Amid that desolation we were to live
for days and weeks, and to perform trying duties; new sensations
would soon crowd upon us; curiosity would be satisfied all too soon.
Meanwhile there was no reason for hurrying to a scene of horror.
Thus we sat uneasily in the saloon, where we had spent a night of
seasick misery, and tried to munch dry bread and ship’s biscuit,
inventing pretexts for not going on deck. We all dreaded the flames
and the ruins, and the corpses floating through the straits, up and
down with the tide. Then the engines stopped; we had arrived, and
must go ashore. Each of us stuffed a loaf or a biscuit into his pocket,
and had a look at his revolver. Those few who had water-bottles
filled them. With nerves braced to face any horrors, we ascended the
companion way.
HON. JAMES TANNER
We saw what the traveler to Messina has seen through the

centuries—one of the beautiful places of the earth bathed in the light
of the rising sun. We were close to the shore, it is true, and could
make out the ruins. The palaces fronting along the stately Marina
were roofless. There were gaps between the palaces—white heaps
of debris. Toppling buildings, and houses without outer walls, like
children’s doll houses, could be made out. Here and there out of a
roof came flames and curling smoke. But to see all this one had to
look for it. What attracted the eye, and compelled attention through
the magical appeal of its beauty, was a broad expanse of still water,
protected from the sea by a projecting point of land; then a flat water
front, two or three miles long; and behind, circle after circle of hills,
bewildering in their rich variety of form and color. This was the real
Messina, you felt, what an ancient phraseology would call its formal
and final causes. With those fertile hills, with this spacious harbor,
situated on a principal trade route, Messina would always be a city.
Houses and inhabitants there would always be to embody the
Messina idea, to fulfill the Messina purpose.
Hon. W. Bayard Cutting, Jr. U. S. Vice-Consul at Milan. Special
Representative of the American Red Cross.
The port was filled with ships, flying the flags of many nations.
Boatmen in rowboats surrounded the Nord Amerika and offered to
take us ashore. There was nothing catastrophic or even dramatic in
their appearance and manner. I was almost disappointed to see
them so well dressed, and pleased, on the other hand, to observe
that they did not attempt to bargain. From the boatmen, as a matter
of fact, when I talked to them, I first derived that strong impression of
the oriental affinity of the Sicilians which deepened with every day of
my stay in Messina. Their mood was one of submission, unsurprised
and unassertive, to the hard hand of fate. They did not rebel nor
complain, and on the other hand they would not strive. Life had
ceased to have any value; why trouble about its prolongation? It was
folly to think of building a comfortable house, when there was no one
left to occupy it; or to earn money which could bring no sweetness.
So most of them sat idly in the streets, or under the roof of the
market, and took what food was put before them; or stood watching
the soldiers dig in their own homes, where their families were buried,
without raising a hand to help. The few who worked, like our
boatmen, did not care what pay they received. A piece of bread they
were glad to get; but when it was a matter of money, one lira or five
was all the same.
This apathy of the native population, amounting to a kind of stupor,
since it abolished even begging, stood out sharply before us, when
we went ashore, in contrast to the activity of the military forces. As
we turned to the left down the long Marina—we had landed near the
northern extremity of the town and it was clear that the center of
things was far to the south—the way was so crowded that we could
not walk more than two abreast, and were often obliged to fall into
single file. The Marina is a broad promenade along the water’s edge;
but at least half its width was blocked with debris from the palaces at
the back; and on the water side the way was stopped by
impediments of all kinds; piles of lumber, blanket heaps and rude
huts put up for temporary shelter—tarpaulins spread over poles, for
the most part. As we walked down the middle, picking our way
among the cracks and fissures in the ground, we were constantly
making way for troops of soldiers with spades and pick-axes over
their shoulders. Almost equally numerous were the parties bearing
long lines of litters. They were marching in our direction or else out of
side streets to our right; and as they passed we looked nervously at
each burden, to see whether the face was uncovered. Sometimes it
was; occasionally even the occupant of the litter was raised on his
elbow, staring with uncomprehending curiosity at the crowd on either
side. More often no face was exposed; then we knew that the man
was one of those dead who encumbered the path to the living. No
bodies were touched, we knew, unless they actually impeded the
work of rescue. Otherwise they must be left alone; the living had the
first claim. Yet the line of litters was unending.
Illustrating the Capriciousness of the Earthquake.
Soldiers Bearing a Wounded Man Rescued on the
Seventh Day After the Earthquake.
On our right the view of the town was screened by a line of fairly
intact house fronts. The principal palaces of Messina had flanked the
Marina; their outer walls had resisted bravely, on the whole. Such
glimpses as we got of the interiors made it clear that those walls
were mere shells; still they gave to the Marina a deceptive
appearance of solidity. Between the palaces, however, came long
heaps of mere debris, thirty or forty feet high. One of them we knew
must be our consulate; but which? No one could tell us. No one
could even direct us to the military headquarters, or to the office of
the Prefect. The Italian officers knew less than the native inhabitants;
they were strangers and newcomers like ourselves. We walked
ahead at random towards the curve at the southern end of the
harbor where masts and funnels were most numerous. Occasionally,
as we passed a side street less completely blocked than the rest, we
got a view of the interior of the town—an incoherent extravagance of
ruin such as no pen can describe. The street always ended in a
mountainous mass of wreckage; but the houses at the sides had
assumed every variety of fantastic attitude. Beams and pillars
crossing at absurd angles; windows twisted to impossible shapes,
floors like “montagnes russes;” roofs half detached and protruding,
preserved in place quite inexplicably. And then front walls torn away,
laying bare the interior of apartments. In the same house one room
would be a heap of wreckage, and its neighbor absolutely intact, with
the music open at the piano, a marked book on the table, and the
Italian Royal Family looking down from the walls. A third room
perhaps held nothing but a chandelier, but that chandelier in perfect
condition, without a broken globe. No two houses were alike; the
earthquake had picked its victims here and there, following no
predictable rule. Sometimes the victims could be seen lying in their
own houses. Here and there a rope of knotted sheets hanging from a
window showed where someone had escaped. And everywhere
solitude and silence, save for the sound of the pick and the shovel.
Only the soldiers and officials were allowed in the town: all others
must remain on the Marina.
RED CROSS STATION.

A little this side of the Municipio, or city hall, which we identified
through the flames and smoke in which it was enveloped, we came
upon a Red Cross station—a square building belonging to the
Custom House. Here, stretched out in the sun, lay the rescued of the
day—five or six only, for it was not yet nine o’clock. Opposite the
Municipio was the covered market, now the home of hundreds of
survivors, and a place where bread was distributed. Between the
market and the Municipio a marble Neptune of the eighteenth
century still posed in nude absurdity. The most trivial of figures in the
most trivial of poses had been spared, to the tips of his silly fingers,
to stand between the flaming wreckage of the palace and the human
wreckage of the market. Still further along, where the Marina
widened again, we came upon the landing where the dead were laid
out—men, women and children, all deposited in haste under some
inadequate covering; a ghastly sight. From time to time a row boat
would come up to the landing. The bodies were piled into it, and
rowed out to sea.
The Commander-in-Chief, we ascertained at last, could be found
on the Duca di Genova, a steamer of the merchant marine anchored
at the southern end of the harbor. Our struggle through the crowds to
the landing stage; our fruitless efforts to get a boat; our final success,
through the help of a friendly Italian officer; our visits to one ship and
another, to authorities military and civil; our vain attempts to extract
even the simplest information, such as the situation of our consulate
and the fate of our consul; all this would be as dreary to tell as it was
to experience. After three or four hours of ceaseless effort we
returned to the shore with the following net acquisitions: an order for
a tent, which we might pitch at a place to be appointed by the
General in command of the third sector; permission to send one
short official telegram; and a friend.
The friend was Mr. Baylis Heynes, a British merchant of Messina,
who represented the firm of Peirce Brothers. His house had been
spared by the earthquake. After taking his wife and children to a villa
outside of the town, he had hurried back without a thought for
personal safety or comfort and had thrown himself into the work of
saving lives and property. In the villa his wife was caring for more
than fifty destitute Messinesi, with such little food and clothing as she
could procure. Mr. Heynes meanwhile was indefatigable in the work
of rescue; and his coolness and intelligence at a time when everyone
else was excited and flustered had already proved of inestimable
value. He now offered us his house for a consulate, and the large
garden behind for a Red Cross hospital. They were situated at the
extreme northern end of the town, more than two miles from the
headquarter’s ships. But the house was solid and uninjured and the
garden spacious; it was in fact the “Lawn Tennis Club” of Messina.
We accepted gladly Mr. Heynes’ kind offer, and started back with him
to inspect the premises.
Ten Wounded. Lying by the Red Cross Station. Rescued on the Morning
of the Eighth Day After the Earthquake.
It was no longer morning. The sun had been shining brightly for
many hours. The smell of the dead rose from the earth, unendurably
penetrating. It floated across the Marina on a light shore breeze;
then at places it became suddenly pungent, so pungent that you
expected to tread upon the cause. The ruined masses beside us
took on a new horror. Beneath them, close to the dead of whose
presence we were unconscious, were thousands of living, whose
only air was the air we smelt. How few the soldiers seemed, in
comparison to the gigantic task of excavation! And why were they all
away? Poor men, they needed their mid-day rest, perhaps the full
three hours they were given; but could there not be twice as many,
working in relays?
AMERICAN CONSULATE.
Mr. Heynes pointed out the Consulate—perhaps the largest,
solidest, most hopeless mass of rubbish in the whole of Messina.
Nothing deserving the name of an object was discernable in the
whole pile, except the long flag-staff which protruded from the heap
towards the street. The Consulate had been a corner house on a
side street; surely we ought to be able to identify at least the remains
of the stone arch which had marked the entrance to the street. But
the mass was absolutely compact and uniform, obliterating every
trace of an opening. It was not astonishing that the soldiers had left
that particular pile unexcavated. Hundreds of men would be needed,
for many days, to get to the bottom of the mound; and what chance
was there, at the end, of finding a survivor? The fate of Dr. and Mrs.
Cheney was already a tragic certainty; the best that could be hoped
was that their death had been instantaneous.
The Ruins of the American Consulate.
Not far beyond the Consulate, on a side street near the Piazza
Vittoria (now a large camp, filled with tarpaulin shacks), we saw the
ruined house of Mr. Joseph Peirce, who had been our vice-consul
until six days before the earthquake. A few soldiers were working in
the heap; and several of the former occupants of the building were
standing by, each waiting for some relative to be disinterred. One of
the bystanders had been two days buried under the house, but had
worked himself near enough to the surface to make himself heard,
and had thus been rescued. All had known Mr. Peirce; two said they
had seen him on the second day after the earthquake, his body
buried and terribly crushed, his head alone appearing out of the
wreckage. They told us that his brother had come to save him, but
had not been able to remove the heavy pile of masonry and beams.
When all efforts proved unavailing the brother had said goodbye to
Mr. Peirce and stood there till he died. The body was gone now,
evidently the brother had removed it later.
When we had returned to the Marina, near the point where we had
first landed, we found our baggage heaped in the middle of the road.
To my servant, Antonio Alegiani, who sat upon the pile, an old man
was talking voluble English without noticing that he was not
understood. The stranger introduced himself as John B. Agresta, a
naturalized American, a pensioner of the Civil War and a very
important person at the consulate. He had been guide and
interpreter. He had done much work for Dr. Cheney. He would show
us everything, the part of the house where the Cheneys slept, the
office, the safe; especially the safe. In it we should find two thousand
lire belonging to him (Agresta). Why did we not come at once instead
of wasting time talking to people who knew nothing? Dr. Cheney was
dead, of course, and Mrs. Cheney. And Mr. Lupton? Yes, he was
dead, too, and there was no doubt of it. Agresta had seen him the
night before the earthquake, and had since seen his hotel, not a
stone of it in place. Poor Mr. Lupton was certainly dead.
Just at this moment a young man with a pipe in his mouth came
round the corner. “Why, hello, Agresta,” he said, “glad to see you
alive.” It was Lupton himself, our vice-consul. We thought he must
have stepped out of a ruin, or been dug out; in our greeting, no
doubt, was something of the awe with which one would salute a
visitor from the other world. Lupton soon explained that he had never
left the earth, nor even its surface. Half of his hotel had been spared;
he had walked down the stairs into the black street, and waded
about in water up to his knees till morning dawned. The story has
been published in his own words; I wish I could insert the anecdotes
and reproduce the turns of the phrases with which he made us see,
as in a flash, that prodigious morning of December 28th. We told him
we had come to help him, and put ourselves under his orders; he
seemed glad to see us; we were soon friends. Together we set out to
inspect Mr. Heynes’ house and garden.
It was a solid two-story building, one of an uninjured block; the
very house, as a tablet reminded us, in which Garibaldi had lived at
the time of his triumphant entrance into Messina at the head of the
Thousand. Over the door we set up the American shield, and hung
out the flag from a corner window. A week later the British flag flew
beside it. Mr. Heynes had been appointed acting vice-consul of his
nation. Meanwhile we turned the entrance hall below into a consular
office, and set up our beds in the large garden behind, under a tent,
so soon as we were able to obtain that coveted article. Sleeping
upstairs was unsafe, so long as we continued to have four or five
shocks a day, some of them severe enough to bring down a number
of buildings.
Once settled, three problems confronted us; to excavate the old
consulate, to ascertain the fate of such Americans as had been in
Sicily at the time of the earthquake, and to bring relief to the suffering
population of Messina.
The first task fell almost entirely to Major Landis, our Military
Attachè at the Embassy in Rome. On the night of our arrival a squad
of thirty Italian soldiers, under a lieutenant, was put at his disposition
for the excavation of the consulate, and there he spent the work
hours of the next fortnight. Towards the end the Italian soldiers were
replaced by sailors from our own warships; it was the crew of the
Illinois who finally discovered the remains of Dr. and Mrs. Cheney.
They were found at the very bottom of the pile, only four feet above
the street level, though their bedroom had been on the second floor.
They had been killed at once and apparently without suffering; it was
reasonable to hope that no return of consciousness had broken the
slumber from which they passed into eternal rest.
Ruins of the House of Mr. Joseph Peirce, Former
American Vice-Consul.
Excavating the Ruins of Mr. Peirce’s House.
Our second duty was to find and succor Americans. Among the
survivors at Messina, besides Dr. Lupton and Agresta, we found only
one family, a naturalized American with the six small children of one
of his brothers who lived in Brooklyn. These we sent back to the
United States. But, what Americans had been killed? This question
we had no means of solving. We had brought with us long lists of
Americans known to be in Sicily, whose relatives were inquiring
anxiously about their fate. Something must be attempted in order to
put an end to the agonized suspense of so many families. Most of
the persons whom we wished to find were doubtless safe at one of
the Sicilian resorts. As for telegrams, none had yet arrived from any
source, and letters were not delivered until the eleventh day; there
were no postal clerks, we were informed, to distribute them. It was
plain that the only way to get information was to go and get it. Two of
us were accordingly detailed to take the train to Taormina.
After obtaining with some difficulty the military pass allowing us to
return, we walked to the railroad station and boarded a train. No one
knew whether it would start that day or the next. As a matter of fact it
began to move less than two hours after our arrival, and with
surprising speed considering its portentous length and its over-
crowded condition. In spite of long stops at every station, to take out
wounded or to let them aboard, the journey of thirty miles was

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(eBook PDF) The Color of Justice:

Race, Ethnicity, and Crime in America

ABO UT THE AUTHO RS v

1 Race, Ethnicity, and Crime: American’s

“Insecure Communities”:The Impact of Immigration Enforcement

2 Victims and Offenders: Myths and Realities

Problems with Self-Report Surveys 79

3 Race, Ethnicity, Social Structure, and Crime 113

Poverty Status 124

4 Justice on the Street? The Police and People

The Hispanic Community 152

Citizen Complaints against the Police 180

5 The Courts: A Quest for Justice during

6 Justice on the Bench? Trial and Adjudication

Selection of the Jury Pool 255

Differential Treatment of Interracial and Intraracial Sexual

8 The Color of Death: Race and the Death Penalty 359

McClesky v. Kemp: The Supreme Court and Racial

9 Corrections in America: A Portrait in Color 419

10 Minority Youth and Crime: Minority Youth

11 The Color of Justice 511

SE LE CTED BI BL I O GRAPHY 521

B eginning with the highly publicized shooting of Michael Brown in Ferguson,

Finally, and particularly important, The Color of Justice continues to pro-

NEW TO THIS EDITION

Gail Beaudoin, University of Massachusetts at Lowell

Cengage Learning provides a number of supplements to help instructors use

RACE, ETHNICITY, AND CRIME:

L E ARN ING OBJ E C T IV E S

THE N AT IONAL RAC E C RISIS, 2 0 1 4 – 2 0 1 6

On August 9, 2014, police officer Darren Wilson of the Ferguson, Missouri,

Ex-Governor Guild on January 26 informed the Red Cross that

EARLY DAYS OF RELIEF

We saw what the traveler to Messina has seen through the

RED CROSS STATION.

The Ruins of the American Consulate.

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