A significant residual suggests that blacks are punitively policed, prosecuted, and sentenced. Sociologists of punishment link this differential treatment to official perceptions of blacks as threatening or troublesome (Tittle
1994). The racial threat theory is empirically supported by research on sentencing and incarceration rates. Strongest evidence for racially differential treatment is found for some offenses and in some jurisdictions rather than at the aggregate level. African Americans are at especially high risk of incarceration, given their arrest rates, for drug crimes and burglary (Blumstein 1993). States with large white populations also tend to incarcerate blacks at a high rate, controlling for race-specific arrest rates and
demographic variables (Bridges et al. 1994). A large residual racial disparity in imprisonment thus appears due to the differential treatment of African Americans by police and the courts.
http://www.econ.brown.edu/fac/glenn_loury/louryhomepage/teaching/Ec%20222/mass%20imprisonment%20and%20life%20course.pdf
For example, according to a recent report by Human Rights Watch (2000), Black male drug users are 13 times more likely than White male drug users to be sentenced to jail,
even though the estimated drug usage rates are equivalent for the two groups. Although researchers tend to agree that these statistics clearly demonstrate the disparate treatment that minority group individuals suffer within the legal system (see
e.g., Sommers & Ellsworth, 2001)A number of archival studies have illustrated that minority defendants (particularly Black defendants) are given longer sentences, and sentenced to the death penalty more often, than White defendants (Austin & Allen, 2000; Mustard, 2001; Williams & Holcomb, 2001).
http://digitalcommons.utep.edu/cgi/viewcontent.cgi?article=1016&context=christian_meissner
The heightened media and political attention to substance abuse and the drug trade in urban minority neighborhoods has promoted the public perception that illegal drugs are more prevalent in those neighborhoods than in more affluent white neighborhoods.[57] The reality has long been the reverse. In absolute numbers, there are far more whites committing drug offenses than blacks. The disproportionate rates at which blacks are sent to prison for drug offenses compared to whites largely originate in racially disproportionate rates of arrest for drug offenses.[58] Because the white population in the United States is slightly more than six times larger than the black population,[61] and the rate of drug use is roughly comparable between the two, the number of white drug users is significantly higher than the number who are black.
Blacks constitute 17.4 percent of the state's population,[95] and they accounted for 51.4 percent of drug arrests in the state. Blacks constitute 25.1 percent of New York City's population,[96] but represent 52.3 percent of all drug arrests in the city. Blacks in New York City alone represent only 10.7 percent of the state population, yetaccounted for 42.1 percent of all drug arrests statewide.
http://www.hrw.org/en/node/62236/section/8