ll/~
Pew=::r~

Report

H1SPClTIlC

Center
April 7, 2009

Hispanics and the Criminal Justice System:
Low Confidence, High Exposure

Mark Hugo Lopez
Associate Director
Pew Hispanic Center

Gretchen Livingston
Senior Researcher
Pew Hispanic Center

The Pew Hispanic Center is a nonpartisan research organization that seeks to improve public understanding
of the diverse Hispanic population in the United States and to chronicle Latinos' growing impact on the nation.
It does not take positions on policy issues. The center is part of the Pew Research Center, a nonpartisan "fact
tank" based in Washington, D.C., and it is funded by The Pew Charitable Trusts, a Philadelphia-based public
charity. All of the Center’s reports are available at www.pewhispanic.org. The staff of the Center is:
Paul Taylor, Director
Rakesh Kochhar, Associate Director for Research
Richard Fry, Senior Research Associate
Gretchen Livingston, Senior Researcher
Daniel Dockterman, Research Assistant

Mark Hugo Lopez, Associate Director
Jeffrey S. Passel, Senior Demographer
Ana Gonzalez-Barrera, Senior Analyst
Mary Seaborn, Administrative Manager

1615 L Street, NW, Suite 700 • Washington, DC 20036-5610 • Phone: 202-419-3600 • Fax: 202-419-3608 • www.pewhispanic.org

PewResearchCenter
Copyright © 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

Executive Summary
At a time when Latinos are interacting more
than ever with police, courts and prisons,
their confidence in the U.S. criminal justice
system is closer to the low levels expressed
by blacks than to the high levels expressed
by whites, according to a pair of nationwide
surveys by the Pew Research Center. 1

Figure 1

Confidence in the Legal System,
by Race and Ethnicity
OlH!Sricn: How rot'fidenr lire y<w

• A great deal/A fair amount

r!>.Jr...! (%)

• Just someN€fy little

Police officer; in your community will do a good job
enforcing the law
Whites

Six-in-ten (61%) Hispanics say they have a
great deal or a fair amount of confidence that
the police in their local communities will do
a good job enforcing the law, compared with
78% of whites and 55% of blacks. Just under
half (46%) of Hispanics say they have
confidence that police officers will not use
excessive force on suspects, compared with
73% of whites and 38% of blacks. Similarly,
just under half of Hispanics say they are
confident that police officers will treat
Hispanics fairly (45%) and that courts will
treat Hispanics fairly (49%). In comparison,
74% of whites and 37% of blacks say they
have confidence that the police will treat
blacks and whites equally (Pew Social &
Demographic Trends, 2007).

Hispanics
Blacks

Police officers in your community will not use excessive
force on suspects
Whites
Hispanics
Blacks

Courts in your community will treat Hispanics fairly
44

Note; Responses of"Oon't know" an" "Refused" not shown. Whrtes
include only non-Hi~ank whites, 61acks indude only non-Hispank
blacks
Source; Hi~ank results f'om Pew Hispanic Center 200I:I National Survey
of Latinos; whrte and black ,esults ,,"om Pew Social & Demographic
Trends. "Blacks SeoeGrowing Values Gap !lel:ween Poor and MiddleClass;
Optimism about Black Progress ~~nes." November 2007

In recent decades, Hispanics’ exposure to all
parts of the criminal justice system has risen
even faster than their rising share of the U.S. adult population. In state, federal
and local prisons and jails, the share of inmates who were Hispanic increased
from 16% in 2000 to 20% in 2008 (West and Sabol, 2009). During this period, the
share of Hispanics in the adult U.S. population rose from 11% to 13%.
Overall, according to the Pew Center on the States, some 4% of adult Hispanics in
2007 were either in prison or jail or on probation or parole. This is larger than the
share of whites (2%) who were under some form of corrections control in 2007
and smaller than the share of blacks (9%).

1

The Pew Hispanic Center National Survey of Latinos 2008 sampled 2,015 Hispanic adults between June 9 and July 13,
2008. The Pew Social & Demographic Trends Project’s Racial Attitudes in America Survey sampled 3,086 adults
between September 5 and October 6, 2007.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

As for rates of violent crime victimization,
Hispanic levels (28.4 per 1,000 individuals)
were higher than those of whites (23.9 per
1,000) and lower than those of blacks (32.9 per
1,000) in 2006 (Bureau of Justice Statistics,
2008). 2 In the past 15 years, rates of
victimization for all three groups have fallen by
more than half (Catalano, 2006).

ii

Figure 2

Confidence in Equal Treatment by Police,
by Race and Ethnicity
(96 Sdying

"A great dear or '"A ("ir "mount?

How confident are you that police
officers in your community will ... ?
Treat Hispanics fairly
Hispanics

Treat blacks and whiles equally

This report is based on a bilingual telephone
survey of a nationally representative sample of
2,015 Hispanics ages 18 and older. Interviews
were conducted from June 9 through July 13,
2008, by the Pew Hispanic Center, a project of
the Pew Research Center. The margin of error
for the sample is plus or minus 2.8 percentage
points at the 95% confidence level. For a
description of the survey methodology, see
Appendix 1.

Whites
Blacks
NOIe, ResponSt!sof"Don~ know" and "Refused" nOl shown. Wh~es
include only non·Hi~panic whites. Blacks include only non·Hispanic
blacks
Source: Hispanic resuks from Pew Hispanoc Center 2008 National
Survey of Latinos; white and block resuks from Pew$ocial &
Demographic Trends. "Blacks See Growing Values Gap 8e(ween
Poor and Middle Class; Oplimismaboul BI""k Progress Declines,"
November 2007

Other key findings of the report:

2

•

More than one-third (35%) of Latinos report that there are areas within a
mile of their home where they are afraid to walk alone at night, similar to
the share of the general population that feels the same way (37%).

•

More than three-quarters (78%) of Hispanics say that if they were a victim
of a violent crime, they would definitely report that crime to the police.

•

Overall, more than half (56%) of Latinos say they or an immediate family
member had contact with the criminal justice system in the previous five
years. Contact includes reporting a crime to the police, serving on a jury,
being arrested, being on probation or parole, or serving time in jail or
prison.

•

Among all Hispanics, 27% say they or an immediate family member had
reported a crime in the previous five years.

•

Nearly one-quarter (23%) of Hispanics say they or an immediate family
member had been questioned by the police (for any reason) in the previous
five years.

Victimization rates reported by the Bureau of Justice Statistics for whites and blacks include the Hispanic portions of those
populations.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

•

Among all Hispanics, 15% say they or someone in their immediate family
had been arrested in the previous five years.

•

Some 17% of Latinos say they or an immediate family member had been
under some kind of criminal corrections control in the previous five years.

Pew Hispanic Center

iii

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

iv

About this Report
The 2008 National Survey of Latinos asked Hispanic adults about their views of
the police and courts in their communities, their perceptions of crime and any
interaction they or their immediate family members have had with the criminal
justice system. The survey was conducted from June 9 through July 13, 2008,
among a randomly selected, nationally representative sample of 2,015 Hispanic
adults. The survey was conducted in both English and Spanish. The margin of
error for the full sample is plus or minus 2.8 percentage points at the 95%
confidence level.
A Note on Terminology
The terms “Latino” and “Hispanic” are used interchangeably in this report, as are
the terms “foreign born” and “immigrant.”
The terms “whites” and “blacks” are used to refer to the non-Hispanic
components of their population unless otherwise noted.
About the Authors
Mark Hugo Lopez is the associate director of the Pew Hispanic Center. Prior to
joining the Center, Lopez was research director of the Center for Information and
Research on Civic Learning and Engagement as well as an assistant professor at
the University of Maryland’s School of Public Policy. His areas of expertise
include crime, labor economics, civic engagement, and voting behavior. He
received his Ph.D. in economics from Princeton University.
Gretchen Livingston is a senior researcher at the Pew Hispanic Center. Her
primary areas of interest include immigrant adaptation, gender, social networks
and family structure. She earned her Ph.D. in demography and sociology from the
University of Pennsylvania. Prior to joining the Pew Hispanic Center, she was a
visiting research fellow at the Princeton University Office of Population
Research.
Recommended Citation
Lopez, Mark Hugo and Gretchen Livingston. “Hispanics and the Criminal Justice
System: Low Confidence, High Exposure.” Pew Hispanic Center, Washington,
D.C. (April 7, 2009).

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

v

Acknowledgments
The authors thank Paul Taylor for his editorial and intellectual guidance. We also
thank Cary L. Funk, Scott Keeter, Rakesh Kochhar, Susan Minushkin, Felisa
Gonzales and Michael T. Light for their guidance in the development of the
survey questionnaire. Daniel Dockterman provided outstanding support for the
production of the report. Ana Gonzalez-Barrera checked numbers in the report.
Marcia Kramer was the copy editor.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

vi

Contents
Executive Summary ...................................................................................................... ii
About this Report................................................................................................... iv
A Note on Terminology ......................................................................................... iv
About the Authors.................................................................................................. iv
Recommended Citation.......................................................................................... iv
Acknowledgments................................................................................................... v
Contents ....................................................................................................................... vi
Confidence in the Criminal Justice System .................................................................. 1
Reporting Crimes to the Police ..................................................................................... 3
Reporting Violent Crime......................................................................................... 3
Reporting Property Crime....................................................................................... 4
Contact with the Criminal Justice System .................................................................... 6
Reporting Crime to the Police........................................................................... 6
Being Questioned by the Police........................................................................ 7
Serving on a Jury .............................................................................................. 7
Attending Court on a Criminal Matter.............................................................. 7
Being Arrested .................................................................................................. 7
Interacting with the Corrections System........................................................... 7
Serving as a Sworn Witness in Court ............................................................... 8
Neighborhood Safety .................................................................................................... 8
References..................................................................................................................... 9
Appendix A: Survey Methodology............................................................................. 10
Appendix B: National Survey of Latinos 2008, Topline ............................................ 12

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

1

Confidence in the Criminal Justice System
Six-in-10 (61%) Hispanics report a
Figure 3
Confidence in the Legal System Among Hispanics
great deal or a fair amount of
OlH!Stion: How confident "r~ y"" t!>.Jt...! (%)
confidence that police officers in their
community will do a good job of
• Just someNery little
• A great deal/A fair amount
enforcing the law, and 57% are
Police officers in your commun;ty wilk
confident that police will do a good job
Doa good job
36
enforcing the law
of dealing with gangs. However, this
Doa good job
still leaves a notable minority who hold
38
dealing with gangs
a negative opinion about police
Not use excessive
47
force on suspects
behavior. A plurality (47%) express
just some or very little confidence that
Treat Hispanics failly
50
police will avoid using excessive force
on suspects, while 46% have a great
Courts in your community will:
deal or a fair amount of confidence.
44
Treat Hispanics failly
Half (50%) of Hispanics have just some
or very little confidence that police will
NOle; Responses of "Don't know" and "Refused" nO( shown
Source; Pew Hispanic Center 2000 National Survey of Latinos
treat Hispanics fairly, while 45% feel a
great deal or a fair amount of confidence that
Figure 4
the treatment will be fair. In regard to the
Confidence in the Legal System,
courts, 44% of Hispanics have just some or
by Race and Ethnicity
very little confidence that they will treat
Ouestion: H<'w mntkknt''''e you t!>.Jt
police officers In your community wiR... ? (%)
Hispanics fairly, and 49% have a great deal
• A great deal/A fair amount
• Just someNery little
or a fair amount of confidence that courts
Do a good job enforcing the law
will treat Hispanics fairly.
Two of the five questions about confidence in
the legal system asked of Latinos in 2008
were also asked of blacks and whites in 2007
(Pew Social & Demographic Trends, 2007).
On those questions, levels of confidence
among Latinos fall between the levels
reported by whites and blacks. Nearly eightin-ten (78%) whites have a great deal or a fair
amount of confidence in their local police to
do a good job enforcing laws, while 61% of
Latinos and 55% of blacks share that
sentiment. Nearly three-quarters (73%) of
whites report a great deal or a fair amount of
confidence that police will not use excessive

Pew Hispanic Center

Whites
Hisp.mics
Blacks
Not use excessive force on suspects
Whites
Hisp.mics
Blacks
NOle: Responses of "Don't ~now" and "Refused" not shown. Whites
include only non-Hispanic whites. Blac"" include only non·Hispanic
blacks
Source: Hispanic results from Pew Hispanic Comter 2008 Nalional Survey
of Latinos; white and black results I,om Pew Soc,,1 & Detn09<aphic
Tromds. "Blacks SooGrowing Values Gap Between Poor and MiddleClass;
Oplimiwn about Black Progress Declines," Novembe< 2007

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

force on suspects, while 46% of Latinos and
38% of blacks express the same opinion.
A similar pattern emerges on the issue of police
treatment of minorities. While Latinos were
asked about their confidence that police would
treat Latinos fairly, in 2007 blacks and whites
were asked an analogous question about their
confidence that police officers treat blacks and
whites equally. Nearly three-quarters (74%) of
whites had a great deal or a fair amount of
confidence that police treat blacks and whites
equally. Half as many (37%) blacks reported the
same. In comparison, 45% of Latinos state that
they feel a great deal or a fair amount of
confidence that police will treat Hispanics
fairly.
Young Latinos generally are less confident in
the justice system than are older Latinos. While
54% of Latinos ages 18 to 29 have a great deal
or a fair amount of confidence that the police
will do a good job of enforcing the law, this
share is lower than the share of Latinos ages 30
to 39 (62%), ages 40 to 54 (66%) and ages 55 or
older (67%) who say the same.

2

Figure 5

Confidence in Equal Treatment by Police,
by Race and Ethnicity
(96 .<aying "A

great d&lr or 'A lair amcwnt")

How confident are you that police
officers in your community will ... ?
Treat Hispanics fairly

Treat blacks and whites equally
Whites
Blacks
Note: Re$pOnsesof"Oon~ know";mel "Refused" not shown. Whites
indude only non-Hispanic whites. 81;,,:k< indude only non-Hispanic
blacks
Source: Hispanic resuks from Pew Hispanic Center 2008 National
Survey of Latinos; white and black resuks from Pew Social &
Demographic Trends. "81;,,:ks See Growing Values Gap 8etween
Poor and Middle Class; Optimismabout Bklck Progress [)e;:lines,"
November 2007

Figure 6

Younger Hispanics Less
Confident in Law Enforcement
(96 .<aying "A

great d&lr or 'A I"ir "mcwnt7

How confident are you that police officers in your
community will do a good job enforcing the law?

On three out of five confidence measures,
immigrant Latinos report less confidence in the
legal system than do native-born Latinos. Half
(50%) of native-born Latinos report a great deal
or a fair amount of confidence that police will
avoid using excessive force on suspects, while
Source: Pew Hispanic Cente, 2008 National Survey of Latinos
42% of immigrant Latinos express the same
level of confidence. Fifty-one percent of native-born Latinos are confident that
police will treat Hispanics fairly, compared with 40% of the foreign born. Six-inten (60%) native-born Latinos feel a great deal or a fair amount of confidence that
the courts will treat Hispanics fairly. In contrast, 42% of immigrant Latinos say
the same.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

3

Reporting Crimes to the Police
Reporting Violent Crime 3
Nearly eight-in-ten (78%) Hispanics state
that if they were a victim of a violent
crime, they would definitely report the
incident to the police. The likelihood of
reporting a violent crime incident differs
by age, education and gender. Latinos ages
30 or older are more likely than Latinos
ages 18 to 29 to say they would definitely
report a violent crime incident to the
police—84% versus 69%. Latinos with at
least some college education (86%) are
more likely to say they would definitely
report a violent crime than are Latinos
with a high school diploma (76%) or those
with less than a high school diploma
(77%). Women are more likely than men
to say they definitely would report being a
victim of a violent crime—82% versus
75%.

Table 1
Likelihood of Reporting Crime Incidents
Among Hispanics
(96 who S<ly that ift~y were" crime vierim,

they would definitely r..port thecrl",..)
Violent
crime

Burglary or
property crime

78

84

77
79

85
83

69
80
85
86

79
85
88
89

77
76
86

80
83

Citizenship
U.s. citizen
Non-U.s.citizen

78
78

86
80

Gender
Male

7S

81
86

Total
Nativity
Native born

Foreign born

Ago
18-29
30-39
40-54
55+
Educational Attainment
less than high school

High school diploma
Some college or higher

Female

93

"

Source: Pew Hispanic Cente, 2008 National Su,vey of Latinos

While most Latinos say that if they were a victim of a violent crime, they would
report that incident to the police, a small share (5%) say they probably or
definitely would not report the crime. Among those who say they would not
report being a victim of a violent crime, nearly three-in-ten (29%) cite a fear of
repercussions, such as immigration enforcement or discrimination, as a reason to
not contact the police. Among immigrant Latinos who say they would not report a
violent crime, 42% say they would fear repercussions if they reported the
incident, compared with 18% of the native born. The second most common reason
respondents cite for not reporting a violent crime incident is that they don’t expect
the police to respond. More than one-quarter (26%) of Latinos who say they
would not report being the victim of a violent crime identify this reason. Among
immigrants who say they would not report a violent crime, 30% cite a perceived
lack of response from the police as the reason versus 22% among the native born.

3

The National Survey of Latinos 2008 question regarding reporting violent crime to the police did not define violent crime.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

4

Criminal Victimization
Personal crime victimization rates among Hispanics in 2006 (28.4 per 1,000 individuals) were higher than the
rates for whites (23.9 per 1,000) and lower than the rates for blacks (32.9 per 1,000 individuals), according to the
Bureau of Justice Statistics’ National Crime Victimization Survey (NCVS). While Hispanics were more likely than
whites to state on the NCVS that they were a victim of a personal crime in 2006, they were less likely (41.6%) to
say they reported the incident to the police than white (48.3%) or black (55.0%) victims. Victimization and police
reporting rates for whites and blacks include the Hispanic portions of those populations.
Property crime victimization rates among Hispanic households were 211.7 incidents per 1,000 households in
2006, compared with 156.7 per 1,000 white households and 185.6 per 1,000 black households. As was the case
with personal crime, the share of Hispanic (33.5%) property crime victims who say they reported incidents to the
police was lower than that of white (37.7%) or black (38.8%) victims.
Personal crime victimizations include such crimes as rape, sexual assault, robbery, aggravated assault and
simple assault. Property crime victimizations include household burglary, motor vehicle theft and property theft.
In 2006 there were 6.3 million personal crimes and 19 million property crimes in the United States, according to
the NCVS. Overall, the national personal crime rate per 1,000 individuals ages 12 or older was 25.4, and the
national property crime rate per 1,000 households was 160.5.The NCVS, an annual survey of more than 70,000
U.S. households, is the most comprehensive survey of criminal victimization available. Respondents are asked
about all criminal incidents in that calendar year, including those not reported to the police, in which they were a
victim.

Reporting Property Crime
When asked if they would report a burglary or property crime to the police if they
were a victim of that crime, more than eight-in-ten (84%) Hispanics say they
definitely would. A greater share of Latinos ages 30 and older, compared with
Latinos ages 18 to 29, say they would definitely report a burglary or property
crime—87% versus 79%. Latinos with at least some college education are more
likely than those with less than a high school diploma to say they would report
such a crime—93% versus 80%.
Among the small share (4%) of Latinos who say they would not report a burglary
or property crime, more than half (52%) cite a perceived lack of response from
the police as the reason for not reporting the incident. The second most common
reason for not reporting a burglary or property crime incident to the police is a
fear of repercussions for reporting such a crime. More than two-in-ten (21%)
Latinos who would not report being a victim of a burglary or property crime cite
that reason.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

5

Hate Crimes
According to the FBI, 7,624 bias-motivated crimes were reported in 2007 (FBI, 2007). Among these, 595 were
directed against Hispanics, representing 8% of all bias-motivated crimes. In comparison, 2,658 bias-motivated
crimes were reported against blacks and 749 against whites. Since 1990, the FBI, through its Uniform Crime
Reports data collection, has compiled data on all reported crime incidents that had a bias motivation against a
victim’s perceived race, religion, disability, sexual orientation or ethnic/national origin group.
Figure7
Number of Reported Bias·Motivated Crimes,
by Race and Ethnicity of Victim, 1995-2007
3,500
3,000
2,500

~

.......

...

Anti-Black

2,000
1,500

Anti-While
1,000

500

Anti-Hispanic

0
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Note, Religious bias, se><u.1 o'lentotion bias, and other bias c<imes are not shown.
Sou.ce: Pew Hispanic C.... te•• n.lysis offal UnifoffTl Crime Reports D.ta. 1995-2007

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

6

Contact with the Criminal Justice System4
Individuals can interact with the criminal justice system in many ways, and that
interaction affects not only them personally but their families as well. Overall,
56% of Latinos say they or someone in their immediate family had interacted with
the criminal justice system in at least one of the following ways in the five years
preceding the survey:
•

Reporting a crime to police (27%)

•

Being questioned by the police for any
reason (23%)

•

Serving on a jury (21%)

•

Attending court on a criminal matter,
excluding minor traffic violations and/or
jury duty (19%)

•

Being arrested (15%)

•

Being on probation or parole (13%)

•

Serving time in jail and/or prison (12%)

•

Being a sworn witness in court (11%)

FigureS
Interaction with the Criminal Justice System
Among Hispanics
(96 saying "",y<Jr an immediatl' ramily ml'mbl'r intl'",cred with I""

sySlem in /hl' fivl' Y""rs prKl'ding

I"" SUrVl'y)

Reported crime
Questioned by police
Served on jury
Attended court on
criminal matter
Was arrested
Was on probation
or parole
Served time in prison
Was a sworn witness
in court

Sourc~' p~w Hi~nk Center

2008 National SUtv~y of Latinos

Reporting Crime to the Police

More than one-quarter (27%) of Hispanics say they or a family member reported
a crime in the previous five years. Native-born Hispanics are twice as likely as
foreign-born Hispanics to say this—38% versus 19%. Hispanics ages 54 and
younger are more likely to say they reported a crime than those ages 55 and
older—29% versus 19%. Hispanics with at least some college education (40%)
are also more likely to say they reported a crime than Hispanics with a high
school diploma (30%) or those with less education (17%).

4

The shares of non-citizen Hispanics who interact with the criminal justice system are likely to be low because non-citizen
Hispanics who are in the United States without documentation may have been deported after being arrested or having
served a prison or probation sentence.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

7

Being Questioned by the Police

Nearly one-quarter (23%) of Latinos say they or an immediate family member
were questioned by the police in the previous five years. Native-born Latinos are
more likely than immigrant Latinos to say this—32% versus 17%. And Latinos
under the age of 30 are more likely than older Hispanics to say this—32% versus
19%. Among Latinos with at least some college education, 30% say they or a
family member had been questioned by the police in the previous five years, a
greater share than those who are only high school graduates (23%) or have less
than a high school education (19%). U.S. citizen Hispanics are more likely than
non-U.S. citizen Hispanics to say they were questioned by the police—28%
versus 15%.
Serving on a Jury

More than two-in-ten (21%) Hispanics say they or an immediate family member
served on a jury in the previous five years. Hispanics over age 55 (30%) are more
likely to say they or an immediate family member had served on a jury than are
those ages 40 to 54 (22%), ages 30 to 39 (14%) or ages 18 to 29 (19%). And
Hispanics with some college education (33%) are more likely to say they or an
immediate family member served on a jury than are Hispanics with a high school
diploma (18%) or those with less than a high school diploma (14%).
Attending Court on a Criminal Matter

Nearly two-in-ten (19%) Latinos say they or an immediate family member had
attended court on a criminal matter other than a minor traffic violation or jury
duty in the previous five years. Latinos between ages 18 and 30 are more likely to
say this than Latinos ages 55 and older—23% versus 13%.
Being Arrested

Among Latinos, 15% say they or someone in their immediate family was arrested
in the previous five years. Nearly one-quarter (23%) of Latinos ages 18 to 29 say
they or a family member were arrested, compared with 8% of adults ages 55 and
older. And native-born Latinos are more likely than immigrant Latinos to say they
or a family member was arrested—18% versus 13%.
Interacting with the Corrections System

According to a recent report from the Pew Center on the States, 1-in-27 (4%)
Hispanics in 2007 was under some form of corrections control, such as probation,
parole, prison or jail. While 4% of Hispanics are under some kind of corrections
control, more than four times (17%) as many say they or someone in their
immediate family had been under corrections control in the previous five years.
Native-born Latinos are more likely to report this than are immigrant Latinos—
23% versus 13%. More than one-fourth (26%) of Latinos ages 18 to 29 say they

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

8

or an immediate family member had been on probation or parole, or served time
in prison or jail.
Overall, 13% of Latinos say they or an immediate family member had been on
probation or parole. Young Latinos ages 18 to 29 are more likely than Latinos
ages 30 or older to say they had been on probation or parole—19% versus 10%.
Also, native-born Latinos are twice as likely as foreign-born Latinos to say they
had been on probation or parole—18% versus 9%.
More than one-in-ten Latinos (12%) say they or someone in their immediate
family served time in prison or jail in the previous five years. Native-born Latinos
are more than twice as likely as immigrant Latinos to say that—18% versus 8%.
And nearly two-in-ten (18%) Latinos ages 18 to 29 say they or someone in their
family served time in jail or prison in the previous five years, double the share of
Latinos ages 30 or older who say that (9%).
Serving as a Sworn Witness in Court

Overall, more than one-in-ten (11%) Hispanics say they or an immediate family
member served as a sworn witness in court in the previous five years. U.S. citizen
Hispanics are more likely to say this than are non-U.S. citizen Hispanics—14%
versus 6%. And native-born Hispanics are more likely than immigrant Hispanics
to say they served as a sworn witness—16% versus 7%.

Neighborhood Safety
More than one-third (35%) of Latinos report that there are areas within a mile of
their home where they are afraid to walk alone at night. 5 Though overall Latinos
are more likely than the general population to report being victims of crime, their
perceptions about neighborhood safety jibe with those of the general population,
of whom 37% report that they don’t feel safe walking alone at night in their own
neighborhood (Gallup, 2008).
For Latinos, neighborhood safety perceptions do not differ significantly by
gender, age, or education. Safety concerns are also consistent across nativity and
citizenship status.

5

These findings reflect actual local crime rates and variations in how people perceive threats to personal safety in their local
communities.

Pew Hispanic Center

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Hispanics and the Criminal Justice System: Low Confidence, High Exposure

9

References
Bureau of Justice Statistics, “Criminal Victimization in the United States, 2006
Statistical Tables, National Crime Victimization Survey,” NCJ 223436, U.S.
Department of Justice, Office of Justice Programs, August 2008.
Catalano, Shannan M., “Criminal Victimizations, 2005,” NCJ 214644, Bureau of
Justice Statistics, U.S. Department of Justice, Office of Justice Programs,
September 2006.
FBI, “Hate Crime Statistics, 2007,” U.S. Department of Justice, 2007.
Gallup, “Gallup’s Pulse of Democracy: Crime,” October 2008.
Pew Center on the States, “One in 31: The Long Reach of American Corrections,”
March 2, 2009.
Pew Social & Demographic Trends, “Blacks See Growing Values Gap Between Poor
and Middle Class; Optimism about Black Progress Declines,” November 13,
2007.
West, Heather C. and William J. Sabol, “Prison Inmates at Midyear 2008—Statistical
Tables,” NCJ 225619, Bureau of Justice Statistics, U.S. Department of Justice,
Office of Justice Programs, March 2009.

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Hispanics and the Criminal Justice System: Low Confidence, High Exposure

10

Appendix A: Survey Methodology
Results for this study are based on telephone interviews conducted by
ICR/International Communications Research, an independent research company,
among a nationally representative sample of 2,015 Latino respondents ages 18
and older, from June 9 through July 13, 2008. Of those respondents, 711 were
native born (including Puerto Rico) and 1,302 were foreign born; 892 were
registered voters. The margin of error for total respondents is plus or minus 2.8
percentage points at the 95% confidence level. The margin of error for nativeborn respondents is plus or minus 4.9 percentage points at the 95% confidence
level; for foreign-born respondents, plus or minus 3.4 percentage points; and for
registered voters, plus or minus 4.4 percentage points.
For this survey, ICR maintained a staff of Spanish-speaking interviewers who,
when contacting a household, were able to offer respondents the option of
completing the survey in Spanish or in English. A total of 710 respondents were
surveyed in English and 1,248 respondents were interviewed in Spanish (the
remaining 57 were surveyed equally in both languages). Any adult of Latino
origin or descent was eligible to complete the survey.
Because a growing number of Hispanic households in the U.S. are reachable only
by cell phone, the study included interviews from both landline (n=1,254) and cell
phone (n=761) sample frames. According to government statistics from the
National Health Interview Survey (NHIS) during the last six months of 2007,
19.3% of Hispanic adults were reachable only by cell phone, a number that was 4
percentage points higher than it had been one year earlier. Adults who are cellonly are very different demographically from those reachable on a landline: They
tend to be younger and less likely to be married or have children, or to own a
home.
Both sample frames were stratified via a disproportionate stratified design. All
telephone exchanges in the contiguous 48 states were divided into groups, or
strata, based on their concentration of Latino households. For the landline frame,
the sample was also run against InfoUSA and other listed databases, and then
scrubbed against known Latino surnames. Any “hits” were subdivided into a
“surname” stratum, with all other sample being put into other “RDD” strata.
Overall, then, the study employed eight strata:

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

Strata (General
Incidence of Reaching
a Hispanic Household)

Landline

Cell Phone

Surname

594

--

Very High

294

--

High

187

458

Medium

134

190

Low

45

113

11

It is important to note that the existence of a surname stratum does not mean this
was a surname sample design. The sample is random digit dial (RDD), with the
randomly selected telephone numbers divided by whether they were found to be
associated with or without a Latino surname. This was done simply to increase the
number of strata and thereby increase the ability to meet ethnic targets and ease
administration by allowing for more effective assignment of interviewers and
labor hours.
A four-stage weighting design was used to ensure an accurate representation of
the national Hispanic population. First, an adjustment was made for all people
found to possess both a landline and a cell phone, as they were twice as likely to
be sampled as were respondents who possessed only one phone type. The sample
was then corrected for the disproportionality of the stratification scheme described
earlier. Third, the sample was corrected to reflect the percentage that is cell-only,
landline-only or reachable by either a landline or a cell phone. NHIS and Pew
Research Center data were used to project percentages that the Pew Research
Center felt were appropriate for the 2007 population.
Finally, the data were put through a post-stratification sample balancing routine.
The post-stratification weighting utilized national 2007 estimates from the Census
Bureau’s Current Population Survey, March Supplement, on gender, education,
age, region, foreign/native born status, year of entry into the U.S. and Hispanic
heritage.

Pew Hispanic Center

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

12

Appendix B: National Survey of Latinos 2008,
Topline
The study was conductedfor the Pew Hispanic Center via telephone by ICR, an independent
research company. Interviews were conductedfrom June 9th through July 13 th, 2008 among a
nationally representative sample of2,015 Hispanic respondents ages 18 and older. Ofthose
1,254 were contacted via landline and 761 were contacted on their cell phones. We conducted
interviews with 711 native-born Hispanics (Puerto Rico included) and 1,302 foreign-born
Hispanics. The margin oferrorfor total Hispanic respondents is +/- 2.84 at the 95% confidence
level. The margin oferror for native-born respondents is +/- 4. 86. The margin oferror for
foreign-born respondents is +/- 3.43.

CRIME RATE AND PERCEPTIONS
50.

Is there any area near where you live-that is, within a mile-where you would be afraid
to walk alone at night?

Total
Native born
Foreign born

TRUST I

Yes
35
35
35

Don't know
1
I
1

No
64
64
63

Refused
1

*

1

LAW E FORCEMENT

52.

How much confidence do you have that police officers in your community (rNSERT)a great deal, a fair amount, just some, or very little confidence?

a.

W'1l
I do a gOO d'10b 0 f en £orcmg thl
e aw

Great deal/Fair amount

Total
Native born
Foreign born
b

NET
61
61
61

A great
deal
33
24
39

A fair
amount
28
37
22

Pew Hispanic Center

NET
36
38
35

Just
some
22
21
22

Very
little
14
16
13

Not
applicable

*
*
--

Don't
know
2

Refused
1

*

*

3

1

W'1l
J not use excessIve orce on suspects

Great deal/Fair amount

Total
Native born
Forei.Q;n born

Just some/Vea: little

NET
46
50
42

A great
deal
24
22
25

A fair
amount
22
28
18

Just some/Ve.., little
NET
47
44
50

Just
some
24
20
27

Very
little
23
24
22

Not
applicable
1

I

*

Don't
know
5
4
7

Refused
1

I
I

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

,

Will treat (H1SPANICS/LATINOS) fairly

Great deal/Fair amount
NET
TOlal

45

Native born
Forci!!n born

d

A great
deal

A fair
NET

24

50
46
54

51

20
18

32

40

22

19

,

Oal!OO110

0

A great

Forcil!11 born
53,

NET

deal

57
56
57

32
29
34

Not
aoolicable

Just
",me

Ye.."
little

27
21

23

•

24
23

•

31

I

Don't
know

4
2
5

49
60
42

A fair
amount

25
27

23

Just some/Ver little

Just
",me

Ye.."
little

Not
aoolicable

Don't

NET

38
39
38

20
17
23

18

I
I

3
3
4

22

•

15

know

A great
deal

amount

A fair
NET

Just
",me

Ye.."
little

25

25

34

26
20
30

19

26
24

44
38
49

18

Not
applicable

Don't

•

5
2
7

•
•

18

19

know

If you were the victim of (INSERT), would you call the police ... ? Do you think you
dcfinitely would, probably would, probably would NOT or dcfinitely would NOT?

a

A violent crime
WOUL.D

b

Total
Nativc born
Forcil!n born

Pew Hispanic Center

Refused
I

•
I

little

Just someiVe

54.

Total
Nativc born
Forcign born

Refused
I
I
I

How much confidence do you have that courts in your community wililreat
(HISPANICSILATINOS) fairly-a great deal, a fair amount, just some, or vcry little
confidence'!

NET
Native born
Foreign hom

little

ca 1m!: WI th1 ganQS

Great deal/Fair amount

TOlal

Just someiVe

amount

Grut deal/fair amount

Total
Native born

13

WOULD NOT

NET

DefinitelY

ProbablY

NET

ProbablY

94

78

92

77

79

5
7
4

4
5

94

15
16
15

A bUfl!lary or DroDel1y cnme
WOULD

3

DefinitelY
I
I
I

Don't
know
I

Rerused

I

I

Don't
know

Rerused

•

I
I

WOULD NOT

NET

Definitelv

Probablv

NET

Probably

95
94
95

84

II

R5

9
12

4
5
3

3
4

Definitelv
I
I

I

2

83

Refused
I
I
I

•
•
•

I
I
I

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

55.

14

Why do you say that?

a.

A violent crime (Asked of Total Latinos who would not call the police to report it if
they were a victim of a violent crime; Total n = 112; ative born n = 51; Foreign
born n = 61)
Native
Total
born
LACK OF RESPONSE/HELP (NET)
26
22
They ignore our concerns/don't do anything about it/don't help
15
14
...,
.)
We won't get our property back anyl;vay/our items won't be recovered
4
I
Police take too long to come
I
Police don't come at all
I
1
Other lack of responsefhelp mentions
3
6
18
REPERCUSSIONS (NET)
29
Concerned about immigration enforcement (will ask for papers, possible
9
2
deportation)
They will blame us/act like we did something wrong/like we are the criminals
8
5
Because of discrim inationlracism/preiudice
8
6
Afraid of being locked up/put in jail
6
8
Scared of the police/don't want to be in trouble with the police
I
-Will cause me more problems (unspecified)
2
-Have tOgO through a lot of hassle/they ask too many questions (general)
2
3
Other repercussions mentions
I
I
Do not have confidence in the police/do not trust them
2
2
Past experiencefbad past experience(s)
4
6
5
8
Take care of it/handle it myself
Depends on the situation
4
4
Other
11
15
No reason
14
15
Don't know
14
16
Refused
I
I

Pew Hispanic Center

Foreign
born
30
17
5
I

I
8
42
17
12
10
4
2
4
2
I
2
I
I
4
6
13
13
2

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

15

b.

A burglary or property crime (Asked of Total Latinos who would not call the police
to report it if they were a victim of a burglary/property crime; Total n = 84;
Native born n = 29; Foreij!;n born n = 55)
Native
Total
born
LACK OF RESPONSEIHELP (NEn
52
59
TIley ignore our concerns/don't do anything about it/don't help
36
33
We won't get our property back anyway/our items won't be recovered
3
5
Police take too long to come
5
10
Police don't come at all
5
9
Other lack of response/help mentions
3
4
REPERCUSSIONS (NET)
21
16
5
3
Concerned about immigration enforcement (will ask for papers, possible
deportation)
They will blame us/act like we did something wrong/like we are the criminals
2
3
Because of discrimination/racism/prei udice
6
2
1
3
Afraid of being locked up/put in jail
-Scared of the police/don't want to be in trouble with the police
5
Will cause me more problems (unspecified)
1
-Have to go through a lot of hassle/they ask too many questions (general)
1
-Other repercussions mentions
4
9
Do not have confidence in the police/do not trust them
4
4
Past experience/bad past experience(s)
3
6
Take care of it/handle it myself
3
2
Depends on the situation
2
-Other
9
4
No reason
8
9
Don't know
9
6
--Refused

Foreign
born

44
38
1
1
1
3
25
7

-10

-9

2
3
--

3

-5
4
13
7
12
--

CONTACT WITH THE CRIMINAL JUSTICE SYSTEM
56.

We are interested in how much contact people have, ith the police, the courts and the
criminal justice system. In the last five years, have you or anyone in your immediate
family (INSERT)?

a.

Reporte d acnme

Total
Native born
Foreign born
b.

Yes
27
38
19

No
72
61
79

Don't know
1
I
I

Refused
I
I
I

Yes
21
32
12

No

Don't know
I
2

Refused
I
I
1

Served on a jury
Total
Native born
Foreign born

Pew Hispanic Center

78
66
86

*

April 7, 2009

Hispanics and the Criminal Justice System: Low Confidence, High Exposure

c.

Bccn a sworn witncss in court
Yes
Total
II
Native born
16
Foreillil born
7

No
88
83
91

Don't know
I
I
I

16

Refused
I
I
I

d.

A
ttcn
dd
c court on a cnmlllaI mattcr. exc Iud·mg mlllor tra ffiIC via atlons an dlor ]urv dut)'
Yes
No
Don't know
Refused
Total
19
80
I
I
Nativc born
28
71
I
I
Forcillil born
12
86
I
I

c.

Been auestioned by the ooliee for any reason
Yes
No
Total
23
76
Native born
32
67
Forci.gn born
17
81

f.

•

I
I
I

Don't know

Refused

85

•

I
I
I

Yes

No

Don't know

86
81
89

•
•
•

Refused

13
18
9
Yes

No

Don't know

12
18
8

86
81
90

•
•

Yes

No

15
18
13

84
81

•
•

Becn on pro batiOn or para e

Total
Native born
Forei'll born
h.

Refused

Been arrested
TotaJ
Native born
Forcil:!ll born

g.

Don't know

served tune III
Total
Native born
Foreilm born

Pew Hispanic Center

a1·1

I
I
I

an dlor nnson

•
•
•

Refused
I
I
I

April 7, 2009