And that sucks, beyond belief.even first time offenders, if black, are more likely to get prison time. When controlled for prior criminal history so that you are comparing repeat offenders black men get more time. Whites are far more likely to receive the benefit of nonjudicial treatment for their crimes. In every way shape and form in the US if you are black and involved in a drug crime you are more likely to end up incarcerated and with a criminal record than if you are white.