FRANKFORT — New figures from the 2000 Census and the Department of Corrections show that minorities, especially black men, make up a disproportionate share of the inmates in prisons, jails and halfway houses in Kentucky.

        Why? Some say it's largely a matter of economics — unemployment, made worse by low educational attainment — and the peculiarities of state and federal drug laws.

        “You find more poor people who get charged with offenses,” said Jesse Crenshaw, a legislator and Lexington attorney. Unemployment historically has been higher among blacks than for the state as a whole, Mr. Crenshaw said. “If you're poor and don't get an education, it's so tempting to get involved in one type of criminal activity or another.”

        The 2000 Census showed that 28,388 people were incarcerated somewhere in Kentucky, whether in a jail, state prison, federal prison, juvenile center or halfway house. Just under 10,000 were black, and 9,200 were adult black males — about one of every 11 black men in the state.

        Black men were just 3.2 percent of Kentucky's total adult population but made up one-third of the people in correctional institutions.

        The numbers raise questions about whether the legal system is stacked against blacks and other minority groups. Past attempts to find out haven't been conclusive.

        Another such attempt is going on now — a Commission on Racial Fairness to study whether bias exists in courtrooms in Jefferson County.

        The commission has not reached any conclusions. But the man heading it, Court of Appeals Judge William McAnulty, who like Mr. Crenshaw is black, believes the economic factor is dominant.

        Then there are the drug laws. Barren County Commonwealth's Attorney Phil Patton noted that possession of methamphetamine, “a drug of choice among rural whites,” was a misdemeanor until recent years.

        Not so crack cocaine, a comparatively cheap drug often identified with the black community. Its possession always has been a felony.

        Kentucky Public Advocate Erwin “Ernie” Lewis said policing also has been a factor. Drug enforcement agencies targeted crack, which led to sting operations in black neighborhoods to catch crack dealers.

        Mr. Crenshaw, the attorney, said poor defendants also are less likely to get probation because they are less likely to have a job or a stable home life — factors a judge weighs to decide whether the defendant is a good candidate for probation instead of jail.

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