The Myth Of Black Criminality: Examining Racial Bias

The question of whether black people break the law more is a complex one that has been the subject of much debate and research. While it is true that black people are overrepresented in the criminal justice system, with higher arrest and incarceration rates compared to their white counterparts, this does not necessarily mean that they commit more crimes. Instead, it can be attributed to racial bias and discrimination within the system, which has a long history in the United States.

Racial inequality has deep roots in American society, and the criminal justice system is heavily impacted by the bias of police mentality and outdated judicial precedents. The origins of modern-day policing can be traced back to slave patrols, which were created to establish a system of terror and control over slaves. This history has contributed to a disproportionate number of black people being targeted by law enforcement, arrested, and incarcerated.

Additionally, there are racial disparities in sentencing and prosecution, with black people receiving harsher punishments for similar crimes committed by white individuals. The war on drugs, for example, has resulted in higher arrest and incarceration rates for black people, even though drug use rates are similar across racial lines.

The over-incarceration of black people has led to a cycle of disadvantage and discrimination, affecting their employment prospects, access to education, housing, and voting rights. It is a systemic issue that needs to be addressed to create a more equitable and just society.

Racial bias in police stops

The idea that Black people break the law more is a racist stereotype that has been perpetuated by biased policing and an unjust criminal justice system. Racial disparities in policing are well-documented and have been a longstanding issue in the United States. The roots of these disparities can be traced back to the history of racialized policing in the country, which began with "slave patrols" in the antebellum South.

History of Racialized Policing

The origins of modern-day police mentality can be traced back to "slave patrols" in the antebellum South. White citizens were expected to supervise the movements of enslaved Black people and were authorized to use force to control and capture runaway slaves. This legacy of slavery and racialized policing has been sustained by systemic exclusion, discrimination, and implicit and explicit bias.

• A report by the Bureau of Justice Statistics found that Black residents were more likely to be stopped by police than White or Hispanic residents. Black and Hispanic residents were also more likely to have multiple contacts with the police.
• Local-level data supports these findings. Studies in San Diego and Chicago showed that Black and Hispanic drivers were searched more frequently after traffic stops, despite White drivers being found with contraband more often.
• Police use of force data suggests that African Americans are subject to both non-lethal and lethal force at disproportionate rates. A 2014 report found that young Black men were 21 times more likely to be killed by police than White young men.
• Explicit racism and bigotry have been reported within some police departments. For example, in Brooklyn, officers reported that their commander instructed them to focus their enforcement on Black and Latino people.
• Racial profiling is illegal and ineffective, yet it continues to occur across the country. It alienates communities from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust.
• The War on Drugs and the response to the COVID-19 pandemic have also disproportionately impacted people of color, leading to increased arrests and involvement in the criminal legal system.

Impact of Racial Bias in Policing

The impact of racial bias in policing is far-reaching and has contributed to the over-incarceration of Black and Brown people. The criminal justice system, including courts and corrections, has been heavily influenced by racial disparities, resulting in unjust outcomes for minority communities.

Solutions and Alternatives

Addressing racial bias in police stops requires comprehensive approaches that involve law enforcement, courts, and community involvement, as well as broader social change. Diversifying police forces and implicit bias training have been suggested as potential solutions, but their effectiveness is questionable. Community-based approaches, such as crisis resolution teams and anti-violence programs, offer alternative models for improving public safety and reducing violent police encounters.

Racial bias in police use of force

The criminal justice system is heavily impacted by the bias of police mentality, and racial disparities are a significant contributing factor. The roots of these disparities are often unclear, but experts point to systemic problems and implicit biases. While implicit biases are not unique to police, they can have life-altering implications in matters of criminal justice.

One of the most visible examples of racially biased policing is the excessive use of force by officers toward Black, Indigenous, and people of colour (BIPOC). Research suggests that officers use excessive force toward BIPOC, and this has led to advocates, policymakers, and researchers seeking solutions. Body-worn cameras (BWCs) and implicit bias training (IBT) have been implemented as reform strategies, but evidence supporting their effectiveness is mixed, and further evaluations are needed.

While BWCs have been expected to deter unjustified use of force and facilitate a positive shift in public perception, research has shown mixed outcomes. Some studies have found a reduction in use-of-force complaints and improved perceptions of police legitimacy, while others have found no effect or even negative outcomes. The presence of verbal warnings about the cameras and variations in the fidelity of BWC implementation may impact the effectiveness of this strategy.

Implicit bias training (IBT) aims to address unconscious biases that police officers may have. However, evaluations of IBT programs have found limited success in changing explicit behaviours. The Implicit Association Test (IAT) is often used to measure implicit bias, but its reliability and validity have been questioned.

To address racial bias in police use of force, behaviour analysts suggest defining and measuring behaviour more objectively, exploring the boundary conditions under which current reform strategies are effective, and manipulating contingencies to increase appropriate use of force and decrease inappropriate use of force.

Racial bias in police killings

The notion that Black people break the law more is a harmful stereotype that has been propagated by a long history of racial bias in policing.

Historical Context

The origins of modern-day policing in the US can be traced back to the Slave Patrol, which was created in the Carolinas in the early 1700s. Slave Patrols were formed in response to slave uprisings, with the mission to pursue, apprehend, and return runaway slaves to their owners, using excessive force if necessary. This early form of policing allowed for forcible entry into any home based on suspicions of harbouring runaway slaves.

Racial disparities in police killings are well-documented. Since 2013, police officers in the US have killed over 1000 civilians each year. Black people are disproportionately impacted by police killings. Black men are more than twice as likely to be killed by the police than White men, and Black women are 1.4 times more likely to be killed by the police than White women. In 34 of the 37 largest US cities, Black people were arrested and killed by police at higher rates than White people. In Washington, D.C., Chicago, and Milwaukee, Black residents were policed at high rates, while White residents were policed at relatively low rates. Police in these cities arrested Black people at several times the rate of White people, and killed Black people at substantially higher rates than White people.

Factors Contributing to Racial Bias

Several factors contribute to racial bias in police killings. One factor is the constitutional landscape that regulates police encounters with civilians. The Fourth Amendment prohibits unreasonable searches and seizures, and individuals are presumed innocent until proven guilty. However, in practice, Black people are five times more likely to be stopped without just cause than White people, and Black men are twice as likely to be stopped without just cause than Black women. This disparity in policing contributes to the perception of Black people as criminals and fuels racial bias.

Another factor is the lack of comprehensive data on police stops, searches, and use of force. While the federal government has published data on arrests and killings by police, the data is incomplete and does not capture the full extent of racial disparities. For example, Hispanic people are coded as Hispanic in some databases but are coded racially as White or Black in others, which can underestimate the extent of arrest disparities between non-Hispanic Black and White people.

Addressing Racial Bias

To address racial bias in police killings, several interventions have been proposed and implemented. One approach is to enhance police training by including race-specific components that address the role of race in officers' perceptions of risk and decision-making in potentially dangerous interactions with citizens. Structural interventions that expose how the history of racism has influenced community development and the enactment of laws that bolster racial disparities in police violence are also necessary. Additionally, interventions at the community, clinic, and individual levels are needed to tackle police violence and resulting health inequities.

Racial bias in the justice system

Law Enforcement

The origins of modern-day policing in the US can be traced back to the "Slave Patrol", created in the Carolinas in the 1700s. The primary purpose of these patrols was to control and capture runaway slaves, using excessive force and terror as means of maintaining order. This set a precedent for racial bias in policing, which continues to have an impact today.

Racial profiling and police brutality are significant issues within law enforcement. Black people are five times more likely to be stopped without just cause than white people, and Black men are twice as likely to experience this compared to Black women. This disparity is further evident in police shooting data: while Black people make up 13.4% of the US population, they account for 22% of fatal police shootings. Additionally, Black and Hispanic people are disproportionately impacted by police brutality, with higher rates of police killings per capita than white people.

Courts

The court system, tasked with trying cases, rendering verdicts, and determining sentencing, is also influenced by racial biases. A 2019 survey by the American Bar Association found that fewer than half of respondents believed that people of colour were treated as fairly as whites in the criminal justice system. This perception is supported by statistical evidence.

For example, Black people convicted of murder are 50% more likely to be innocent than white people. Additionally, they are five times more likely to be wrongly convicted of sexual assault and twelve times more likely to be wrongly convicted of drug crimes compared to white people. This disparity is also evident in sentencing practices, with African Americans incarcerated at more than five times the rate of whites, and African American women incarcerated at double the rate of white women.

Corrections

The correctional system, including prisons and programs like parole and probation, reflects and perpetuates racial biases. African Americans and Hispanics, who make up 32% of the US population, represent 56% of the incarcerated population. This overrepresentation has significant social and economic consequences.

Incarceration rates have a profound impact on communities of colour, leading to what has been termed a "cycle of incarceration." Children with parents involved in the justice system are more likely to experience psychological strain, antisocial behaviour, and academic issues, and are six times more likely to become involved in criminal activity themselves.

Additionally, the effects of incarceration reach beyond the individuals serving sentences, impacting their families and communities. The absence of incarcerated individuals, particularly Black men, has far-reaching consequences, including the loss of voters, workers, and taxpayers.

Historical Context

It is essential to acknowledge the historical context that has shaped the justice system's biases. Since the colonial period, various laws and codes, such as the Black Codes and slave codes, have been enacted to discriminate against and control Black people. These laws restricted their rights, movement, and labour, often with the explicit goal of maintaining white supremacy and suppressing Black influence.

While many of these laws have been formally abolished, their legacy continues to impact the justice system. The criminal justice system, from policing to corrections, operates within a broader societal context shaped by centuries of racial inequality and discrimination.

Racial bias in sentencing

The criminal justice system in the United States is heavily impacted by racial bias, which obstructs and deconstructs minority communities. This bias is driven by the disproportionate targeting of people of colour, especially Black people, by law enforcement. This is a continuation of the "Slave Patrol", the earliest formal iteration of which was created in the Carolinas in the 1700s to pursue, apprehend, and return runaway slaves to their owners.

The presumption upon which law enforcement officials are supposed to operate is that individuals are suspects and innocent until proven guilty. However, a Black person is five times more likely to be stopped without just cause than a white person, and a Black man is twice as likely to be stopped without just cause than a Black woman. This disparity is reflected in the number of fatal police shootings, where Black people make up 22% of those killed despite only constituting 13.4% of the population.

Racial bias is also present in the sentencing stage of the criminal justice system. Prosecutors are more likely to charge Black defendants under state habitual offender laws and file charges that carry mandatory minimum sentences compared to white defendants. Judges have also been found to impose longer sentences on Black male defendants than white male defendants, even when accounting for violent histories. These disparities contribute to the exponential rise in American incarceration, which has disproportionately impacted Black and brown communities.

As of 2019, 28 states still had three-strikes laws in effect, which impose automatic life sentences for individuals convicted of certain felonies if they have two prior convictions. This has been particularly detrimental to Black people, who make up about three-quarters of those sentenced to life in prison in Louisiana, Mississippi, and Maryland. Overall, 48% of the individuals serving life and "virtual life" sentences are African American, and they are incarcerated for longer periods of time.

To address racial bias in sentencing, it is argued that disparities must be actively corrected and eliminated, rather than solely focusing on tackling implicit bias.

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