Self-report studies ask individuals to disclose their own dishonest and violent behaviour. Based on a sample of 2,500 people, Graham and Bowling found that blacks and whites had very similar rates of offending, while Indians, Pakistanis and Bangladeshis had much lower rates. The findings of self-report studies challenge the stereotype of black people as being more likely than whites to offend, they support the widely held view that Asians are less likely to offend. However, self report studies have their limitations in relation to ethnicity and offending. Overall, the evidence on ethnicity and offending is somewhat inconsistent. For example, while official statistics and victim surveys point to the likelihood of higher rates of offending by blacks, this is generally not borne out by the results of self-report studies.
It can be argued that there are ethnic differences at each stage of the criminal justice process. For example, Philip and Bowling note, since the 1970s there have been allegations of oppressive policing of minority ethnic communities. It has also been said that members of minority ethnic groups are more likely to be stopped and searched by the police. Compared to white people, black people are seven times more likely to be stopped and searched and Asians are over twice as likely. There are three possible reasons for the disproportionate use of stop and search against members of minority ethnic groups; Police racism, ethnic differences in offend and demographic factors.
In addition, figures for England and Wales show that in 2006/7 the arrest rate for blacks was 3.6 times the rate for whites. By contrast, once arrested, black and Asians were less likely than whites to receive a caution. However studies show that the Crown prosecution service (CPS) is more likely to drop cases against ethnic minorities. Bowling and Philips argue that this is because the evidence present to the CPS by the police is often weaker and based in stereotyping of ethnic minorities as criminals. When cases do go ahead, black and Asian defendants are less likely to be found guilty. This suggests discrimination, in that the police and CPS may be bringing weaker or less serious cases against ethnic minorities that are thrown out by the courts.
In 2006/7, custodial sentences were given to a greater proportion of black offenders (68%) than white (55%) or Asian offenders (59%), whereas whites and Asians were more likely than blacks receive community sentences. This may be due to differences in the seriousness of the offences, or in defendants' previous convictions. One possible reason for harsher sentences is the pre-sentences reports (PSRs) written by probation officers. A PSRs is intended as a risk assessment to assist magistrates in deciding on the appropriate sentence for a given offender. However, Hudson and Bramhall argue that PSRs allow for unwritten discrimination.
Like most of the other main stages of the process of the justice system, the majority of the population in prison are members of the ethnic minority community. In 2007 Blacks held 15% of the population, Asians held 7%. We can also note that the existences of similar patterns in others countries. For example, in the United States, two out of five prisoners held in local jails are black.
As we have seen, official statistics on the criminal justice process show differences between ethnic group. The question is therefore how we explain these patterns. There are two main explanations for ethnic differences in the statistics; Left realisms and the Neo-Marxism. The left realists see the statistics represent real differences in rates of offending. Whereas the Neo-Marxists see the statistics are a social construct resulting from racist labelling and discrimination in the criminal rates of offending.
From a left realist perspective, the justice system does not necessarily act on the differences of ethnic minorities but demonstrates a true representation of the rates in offending. On the other hand from a Neo-Marxists view the statistics is just a myth of the social construct and they see that is what the justice system acts on. To an extent, the left realist perspective seems to be valid as it is inane to believe that the ethnic minority community could be the fault of most crimes simply as a result of their race. However, it is also conceivable that their race, religion and ethnicity has a significant contribution .