Mass Imprisonment and Trust in the Law

This article examines the relationship between two facets of mass imprisonment—its novel comparative and historical scale and its pervasiveness in the lives of African Americans—and surveys respondents’ beliefs about the harshness of the courts, and bias in the courts or among police. Analyses of national survey data show that as states’ incarceration rates increased, so too did the probability that residents believed that courts were too harsh. However, while white Americans’ opinions about the courts were sensitive to changes in the white incarceration rate, African Americans’ opinions were not sensitive to changes in the African American incarceration rate. African American respondents who had been to prison or who had a close friend or family member who had been to prison were more likely to attribute racial disparities in incarceration to police bias and bias in the courts. The article concludes with a discussion of the possible consequences of declining trust in the law for the future of American punishment.