Racial Inequities in the Navy’s Criminal Justice System: An Empirical Analysis of Racial Disparities at Non-Judicial Punishment

Abstract

While there has been a lot of research on Navy diversity across the sailor’s life cycle, from recruiting to retirement, there has been limited research on the fairness of the military’s criminal justice system during their career. Mostly this is due to lack of systematic data. Beginning in fiscal year 2021, the Office of the Judge Advocate General collected detailed data on all Navy non-judicial punishment (NJP) proceedings, including the demographics of the offender, type of offense, judgement, and punishment. Using these data, I compare the demographic profile of sailors taken to NJP relative to overall Navy demographics on race and gender. Second, I assess the variation in punishments for the same offense and whether these differences in punishment for the same offense vary by race of the offender. Documenting the impact of race on the military’s informal criminal justice system is important for two reasons. First, all sailors and officers should have no doubt that they will be treated without prejudice. Second, if there is unequal treatment by race or gender, the service can take steps to rectify it and improve the Navy’s criminal justice system to avoid negative impacts. If the data show no systematic evidence of prejudice, then this should be publicized as a point of pride. Finally, this study offers data guidance to the Office of the Judge Advocate General that can be shared across commands to facilitate uniform reporting and generate consistent data on NJPs.