"When the' crime is murder, forcible rape, robbery, or aggravated assault, a judge has less latitude in deciding about probation, sentence length, or whether the sentence will be served in jail or prison-no matter what color a man is. As we move down the line to lesser crimes, disparity emerges. The most striking example is larceny; Blacks make up only 30 percent of the arrest population, but 51 percent of the prison population. Why the disparity for these crimes? One explanation may be that judges can exercise more discretion in dealing with offenders convicted of these crimes."
January 1, 1970
https://en.wikiquote.org/wiki/Law_enforcement_in_the_United_States