Cumulative disadvantage and ethnic inequalities in the criminal justice system
Categories: Research using linked data, Blogs, Datasets, ADR UK Research Fellows, Crime & justice, Inequality & social inclusion
12 March 2025
This blog from ADR UK Research Fellow Dr Kitty Lymperopoulou explores the concept of cumulative disadvantage in the criminal justice system. It explains how different forms of disadvantage combine and accumulate across different stages of the justice system to influence later outcomes for ethnic minority groups.
Criminal justice punishment is unequally distributed. England and Wales have the highest rates of imprisonment in Western Europe, where ethnic minority people make up 27 per cent of prisoners compared to 18 per cent of the general population. The landmark Lammy Review and subsequent government reports have documented ethnic inequalities across different stages of the criminal justice system. From the point of arrest through to prosecution, sentencing, and imprisonment, ethnic minority people often face worse outcome, yet the root causes of these inequalities are not fully understood.
My previous study using magistrates’ and Crown Court datasets found that ethnic inequalities in custodial sentencing persist, even after adjusting for other factors. This suggests the presence of unwarranted disparities, which could be attributed to ethnic bias and discrimination.
However, focusing solely on sentencing outcomes overlooks how earlier decisions in the justice system shape and potentially compound later outcomes.
Understanding cumulative disadvantage
Cumulative disadvantage refers to the process where early disadvantages and adverse events build up over time, leading to negative outcomes. Therefore, just as critical events over the life course can alter someone’s life trajectories, key decisions and outcomes at various stages of the criminal justice system – such as arrest, prosecution, or pre-trial detention – can alter someone’s pathways through this system.
Cumulative disadvantage can also encompass multiple overlapping disadvantages. When certain groups face greater inequality due to specific combinations of characteristics such as age, gender and ethnicity, this represents a form of cumulative disadvantage.
Using cross-justice data to examine cumulative disadvantage
Data First is a pioneering data linking programme that provides access to linked, de-identified datasets at the individual level. The newly released Data First: Cross-Justice System dataset links together information from the civil and family courts with different areas of the criminal justice system. It provides an unprecedented opportunity to study how different forms of disadvantage combine and accumulate across different stages of the justice system.
By linking data from different criminal justice jurisdictions, my research will uncover patterns and sources of cumulative disadvantage which cannot be detected using single datasets. This enables me to examine a more comprehensive set of factors and outcomes at multiple points in the criminal justice system where decisions are made. For example, linking probation to criminal courts datasets will enable the first in-depth analysis of how probation and pre-sentence reports influence sentencing decisions.
The most important part of my research is tracking individuals' criminal case trajectories, from pre-trial detention to post-sentencing enabling the exploration of factors influencing decision making at each stage and possible pathways mediating the association between ethnicity and sentencing outcomes. This will allow me to understand how disadvantages accumulate over time to create adverse outcomes for ethnic minority groups in the criminal justice system.
How this research will inform policy
The significance of understanding and addressing cumulative disadvantage in the criminal justice system cannot be overstated. This issue goes beyond individual cases – it reflects systemic inequalities that can erode trust in the criminal justice system and perpetuate cycles of disadvantage. By deepening understanding about how earlier decisions in the criminal justice system shape later outcomes, my research will pave the way to planning strategies and policies that address ethnic disparities at multiple stages of the justice process.
I am engaging with criminal justice stakeholders, including two project partners, Action for Race Equality and Clinks. This collaboration will ensure the research is relevant and meaningful, leading to effective, appropriate, and tangible recommendations to address ethnic inequalities.
