So how would you describe a situation where one race is punished more often than another when holding the number of total offenses constant?
Let me take a crack addict.. I mean, a crack at it.
Let's say
Group A and
Group B both smoke weed exactly the same number of times per week.
However,
Group B is getting arrested for possession of marijuana more often than
Group A. At first it seems like this is clear discrimination and racism in how the police conduct themselves... but then we consider some other factors:
Turns out,
Group A is usually pretty law-abiding other than when it comes to weed, and perhaps some online piracy. Both activities which take place, for them, either exclusively or damned near exclusively inside the confines of their own home. They have one dealer they visit occasionally, and they ensure that the amount of time they spend out in public while carrying weed from the dealer to their home is as minimal as it can be, and they are extra cautious during that time not to drive erratically or anything. They may even have a dealer who comes to their house, reducing the risks even more. In other words, it would take a very uncommon and unlikely scenario for a police officer to ever be in a position to know about their weed use/possession.
Meanwhile,
Group B, on the average, has a very different pattern. They're more likely to have larger quantities of weed, to have other illegal drugs and paraphernalia on their person at the same time as weed, to be a dealer in addition to being a user, to be involved in other criminal activity unrelated to drugs, and much more likely to carry their weed out in public for sustained periods of time, while engaging in behaviors which dramatically increase the likelihood that they will interact with police. Some of those in
Group B who are perpetually involved in crime or even in a gang have the practice of wearing clothing which the police have come to associate with that lifestyle, and police have even learned that there are certain mannerisms and postures, behavioral ques, which those who are career criminals engage in routinely. Sometimes the police even know certain individuals within this group by name, and routinely interact with them and know to keep an eye out for them. All of these factors dramatically increase the probability they will be arrested for marijuana possession. Sometimes the cops have nothing else they can hit them with, and sometimes it's one of many charges simultaneously levied against a suspect.
Mind you,
Group A has plenty of people who fit the
Group B pattern better, and
Group B has plenty of people who fit the
Group A pattern better, and both groups have plenty of people who don't smoke weed or engage in any other criminal activity at all. But when you "zoom out" and look at these two populations at a macro level, these differences in average behavior are significant and go a long way toward explaining the disparity.