Racial and Ethnic Disparities throughout the Criminal Justice System: A Result of Racist Policies and Discretionary Practices

By Susan Nembhard and Lily Robin

Differential treatment on the basis of race is well documented in the US criminal legal system. Definitions of criminality and criminal activity are rooted in structural inequalities between people of color and white people, and racist policies and practices have been used to control and separate communities of color. In addition, discretion given to individual system actors at each decision point in the system creates opportunities for racial biases to influence practices toward and outcomes for system-involved people. Racial biases are so deeply embedded in the criminal legal system that disparities based on race exist at each decision point, impacting subsequent decision points and resulting in negative outcomes for Black people and other people of color. It is imperative that researchers approach their work with an understanding of how racist policies and implicit biases interact within and throughout different aspects of the criminal legal system if they want to identify and promulgate more equitable policies and research.

Washington, DC: Urban Institute, 2021. 14o,