Did the Voting Rights Act Improve Policing Practices in Black Communities?

This study examines whether the Voting Rights Act (VRA) of 1965 improved police treatment of African Americans by analyzing FBI Uniform Crime Reports (1960–1981) across Southern counties. The findings show that Black arrest rates declined in VRA-covered counties with high Black populations, while White arrest rates remained unchanged. The decline was driven by sheriffs, who are elected, rather than appointed police chiefs, highlighting the role of electoral accountability. The estimated effect size suggests a 16-18% reduction in Black arrests in high-Black-share counties, with the largest impact on misdemeanor offenses, where police discretion is highest.

Full Citation and Link to Article

Facchini, Giovanni, Brian Knight, and Cecilia Testa. "The Franchise, Policing, and Race: Evidence from Arrests Data and the Voting Rights Ac". AMERICAN ECONOMIC JOURNAL: APPLIED ECONOMICS (FORTHCOMING). https://www.aeaweb.org/articles?id=10.1257/app.20230640&from=f

Extended Summary

Central Research Question

The primary research question addressed in this study is: Did the Voting Rights Act (VRA) of 1965 improve police treatment of African Americans? The authors examine whether the expansion of voting rights led to changes in law enforcement behavior, specifically in arrest rates of Black individuals compared to White individuals. The hypothesis is that increased Black political participation, facilitated by the VRA, influenced elected law enforcement officials—especially sheriffs—to alter their policing practices in counties where the Black electorate became a more significant political force.

Previous Literature

This study builds on a well-established body of research on the relationship between political enfranchisement and public service provision. Previous studies have examined how the VRA affected political representation, resource allocation, and economic outcomes for Black communities. Notably, prior research has found that the VRA led to increased state funding to Black-majority areas, improved public services, and changes in electoral outcomes favoring candidates more responsive to Black voters.

In contrast, relatively little research has focused on the effects of Black enfranchisement on law enforcement practices. The study draws from historical analyses of racial discrimination in policing, particularly the legacy of Jim Crow laws and their enforcement by law enforcement agencies. Previous studies document systematic abuses, including baseless arrests, excessive force, and racially motivated law enforcement policies, particularly in the Southern United States. Given this backdrop, the authors aim to provide a quantitative analysis of how expanding the franchise influenced policing behavior, using arrest rates as a proxy for changes in law enforcement practices.

Data

The study relies on arrest data from the FBI Uniform Crime Reports (UCR) covering the period 1960 to 1981. The dataset includes race-specific arrest rates, distinguishing between Black and White individuals, and categorizes arrests by law enforcement agency type (sheriff's offices and municipal police departments).

The study focuses on counties in the eleven states of the former Confederacy, a region with a history of racial discrimination and Black voter suppression before the passage of the VRA. Within these states, the researchers compare counties that were covered by the VRA (i.e., required to seek federal pre-clearance before making changes to their voting laws) with those that were not covered. Additionally, the study incorporates county-level demographic and economic data from the U.S. Census to control for other potential factors influencing arrest rates.

To analyze the role of law enforcement leadership, the study distinguishes between sheriffs, who are elected, and police chiefs, who are typically appointed. This allows the authors to test whether electoral accountability played a role in shaping law enforcement responses to Black enfranchisement.

Methods

The study employs a difference-in-differences (DiD) methodology to estimate the effect of the VRA on racial arrest patterns. This approach compares changes in arrest rates before and after the VRA across different types of counties:

Counties covered by the VRA versus counties not covered by the VRA.

Counties with high Black population shares versus counties with low Black population shares.

Arrests conducted by elected sheriffs versus arrests by appointed police chiefs.

The main identification strategy assumes that in the absence of the VRA, covered and non-covered counties would have followed similar trends in racial arrest rates. This assumption is tested using event-study methods, which check for pre-existing differences in trends before the VRA’s passage.

Additionally, the study categorizes arrests into misdemeanors and felonies to examine whether any observed reductions in Black arrest rates were driven by less serious offenses, which allow for greater discretion in law enforcement decisions.

Findings/Size Effects

The study’s main findings indicate that:

Black arrest rates declined significantly in counties covered by the VRA, particularly in those with larger Black populations. In contrast, White arrest rates showed no corresponding decline. This suggests that the effect was specific to the political empowerment of Black citizens.

The effect was driven by elected sheriffs rather than appointed police chiefs. This supports the argument that political accountability played a crucial role: Sheriffs, who needed votes to remain in office, became more responsive to newly enfranchised Black voters, whereas appointed police chiefs, who were insulated from electoral pressure, did not show similar behavioral changes.

The decline in Black arrests was concentrated in misdemeanor offenses rather than felonies. This finding aligns with prior research on discriminatory policing, which suggests that law enforcement officers had more discretion in minor offenses and previously used arrests as a tool of racial control.

The size effects of the study are substantial:

In VRA-covered counties with a 10 percentage point increase in Black population share, Black arrest rates declined by 16-18% compared to non-covered counties.

In counties where sheriffs were responsible for law enforcement, Black arrest rates declined by 34%, while no significant changes were observed in arrests made by municipal police.

These results provide strong evidence that Black enfranchisement led to improved treatment of African Americans by law enforcement, particularly in jurisdictions where the top law enforcement official was elected and accountable to Black voters.

Conclusion

The study provides compelling empirical evidence that expanding voting rights led to significant improvements in policing practices in Black communities. The findings highlight the role of electoral accountability in shaping law enforcement behavior: elected officials, such as sheriffs, responded to the political influence of Black voters, leading to a measurable decline in Black arrest rates, especially for minor offenses.

These results carry important policy implications. The study suggests that mechanisms of democratic accountability can influence policing outcomes, reducing discriminatory practices when law enforcement leaders are directly answerable to a diverse electorate. However, it also underscores the importance of maintaining voting rights protections, as any restrictions on Black voting power could potentially reverse these gains.

Overall, this research contributes to the broader understanding of how political enfranchisement can serve as a tool for social justice reform, influencing not only electoral outcomes but also the day-to-day experiences of marginalized communities in their interactions with law enforcement.