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Study GuideCriminal JusƟce–Criminal JusƟce Systemin the U.S1. Racial DispariƟesThe United States is amultiracial and multiethnic society. The main racial and ethnic groupsincludeWhite, African American, Hispanic, Asian, and NativeAmericanpopulations. While thisdiversity is one of the country’s strengths, it has also been shaped by a long history of inequality.Racismhas existed in the United States since its founding. It is the belief that people of one race areinferior to people of another race. Historically, racism has mainly been directed by the white majoritytoward racial and ethnic minority groups. This has led tounequal treatmentin many areas of life,includinghousing, jobs, education, and the criminal justice system.1.1What Does “Racial Disparity” Mean?Aracial disparityis a difference between racial groups thatmay or may notbe caused bydiscrimination. In criminal justice, experts look at two types of factors to understand why disparitiesexist:•Legalfactorsinclude things like theseriousness of the crimeand a person’spriorcriminal record. These are considered legitimate because they are directly related to aperson’s actions.•Extra-legal factorsincluderace, social class, and gender. These are not legitimatereasons for decision-making because they are based on group membership rather thanindividual behavior.Understanding the difference between these factors helps explain when disparities are justified andwhen they raise concerns about fairness.1.2Types of Racial DispariƟesRacial disparities appear in different ways within the criminal justice system.One type occurs when a racial group’spercentage in the justice system is much higher than itspercentage in the general population. For example, African Americans make up about12 percentof the U.S. population, but they account for roughly:

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Study Guide•40 percent of all arrests•50 percent of the prison population•50 percent of inmates on death rowAnother type of disparity appears whenminority groups are involved in the criminal justicesystem at much higher rates than whites. For instance:•Over9 percent of African American adult malesare in jail or prison, or are on probation orparole.•In comparison,less than 2 percent of white adult malesare under similar supervision.There are also disparities in specific types of arrests. For example, African Americans arefour timesmore likely than whites to be arrested for drug offenses, even though both groups use drugs atnearly the same rate.1.3Why Do Racial DispariƟes Exist?Scholars explain racial disparities in criminal justice usingthree main explanations:1.Differential InvolvementAfrican Americans and Hispanics are more involved in criminal activity overall. This higherinvolvement is closely linked topoverty, unemployment, and limited opportunities, whichincrease the risk of crime.2.Individual RacismSome disparities result from thepersonal biasesof individuals working in the justice system.This includes police officers, prosecutors, judges, defense attorneys, probation and paroleofficers, and parole board members. Individual racism involvesprejudiced beliefs anddiscriminatory actionsagainst racial and ethnic minorities.3.Institutional RacismRacial disparities can also come fromlaws, policies, and practicesthat unfairly affect minorities,even if they are not intentionally discriminatory. This is known asinstitutional racism, and itoccurs when rules or procedures have adisproportionate (unequal) impacton racialminority groups.

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Study Guide2. Is the Criminal JusƟce System Racist?American society is becoming more divided alongracial and economic lines. Many poor andminority citizens believe in what is called thediscrimination thesis (DT)—the idea that the criminaljustice system is racist. AGallup pollfound that nearlytwo-thirds of African Americansbelieve thesystem is unfairly stacked against them. Manycivil rights organizationsagree with this view. On theother hand, manyconservativesargue that the system is not racist and treats everyone equally.This debate has led scholars to study the issue closely. Their conclusions, however, are not all thesame.2.1 The Argument That the Criminal JusƟce System IsNotRacistOne of the strongest defenders of the idea that the system is fair iscriminologist William Wilbanks.In his bookThe Myth of a Racist Criminal Justice System(1987), Wilbanks argues that racialdisparities do not prove racism.Supporters of this view make several key points:•Most criminal justice decisions are not based on race.Research shows that decisions by police, courts, and corrections are usually based onlegalfactors, such as:○How serious the crime is○How much evidence exists○The person’s prior criminal record•There is no “systematic racism” in the system.Wilbanks introduced the idea ofsystematic racismas a standard for judging fairness. He arguesthat if the system were truly racist, discrimination would appearat every stage(policing,courts, corrections) andat every decision point.After reviewing many studies, Wilbanks concludes that racism doesnotexist everywhere and atall times in the justice process. Because of this, he argues that the system as a whole isnotracist.

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Study Guide2.2 The Argument That the Criminal JusƟce SystemIsRacistOther scholars disagree with Wilbanks’s all-or-nothing approach. InThe Color of Justice(1996),Samuel Walker, Cassia Spohn, and Miriam DeLonetake a more balanced position.They argue that:“The criminal justice system is neither completely free of racial bias nor systematically biased.”Based on hundreds of studies, these scholars suggest amiddle ground:•Racial and ethnic minorities are treatedmore harshly than whites at some stagesof thejustice system.•Atother stages, minorities and whites are treated similarly.Importantly, they findstrong evidence of discriminationin certain areas, including:•Police use ofdeadly force•The application of thedeath penalty2.3 Drug Laws and Racial DispariƟesAccording to many researchers,drug policiesare one of the biggest contributors to racial disparitiesin the justice system.A major example isfederal cocaine sentencing laws. Under these laws:•Crack-cocaine offensesare punished far more severely thanpowder-cocaine offenses.•The guidelines treatone amount of crack as equal to 100 times that amount of powdercocaine.This is known as the100-to-1 ratio.This sentencing rule hasserious racial consequences:•African American usersare more likely to use crack-cocaine.•White usersare more likely to use powder-cocaine.As a result:•Most people charged withcrack-cocaine possession are Black.•Most people charged withpowder-cocaine possession are White.

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