ABSTRACT

Chapter 3 of The Rich Get Richer examines the processes by which our prisons and jails have come to be predominantly occupied by those from the lowest social and economic classes. Following Chapter 2’s argument that the criminal law fails to prohibit many serious harmful acts done by the well-off, Chapter 3 argues that the criminal justice system “weeds out the wealthy” and functions in such a way that, for similar crimes, the poor are (1) more likely to be arrested, (2) more likely to be charged, (3) more likely to be convicted, and (4) more likely to be sentenced to longer prison sentences than members of the middle and upper classes. To supplement the little data on class and economic bias in the criminal justice system, the authors also use data on racial disparities, which they argue can be used as a proxy for low economic class because African Americans are disproportionately poor.