Race and Criminology: The Impact of Racial Bias on the Justice System

This essay examines the critical issue of race and criminology within the context of England and Wales, focusing on racial discrimination and its impact on the criminal justice system. It highlights the disproportionate arrest and imprisonment rates of individuals from minority ethnic backgrounds, particularly those of Black descent, and explores the concept of 'black criminality'. The essay delves into the historical context of racism in Britain, from the Elizabethan era to contemporary times, and discusses the role of social exclusion, poor education, and socio-economic deprivation as contributing factors to the overrepresentation of Black people in the criminal justice system. It also addresses the issue of police bias and the public's perception of fairness. The essay concludes by emphasizing the urgent need for addressing these trends and ensuring justice, fairness, and communal safety.

RACE AND
CRIMINOLOGY

An unfair treatment on the basis of difference in race is one of the greatest concerns
which is being faced in England and Wales. This form of discrimination is known as Racial
discrimination and includes colour, citizenship, origin, nationality and so on. Although the legal
system of the nation recognizes it as a crime, not many people believe in following the same.
Some of the specific areas which are covered this legal framework are employment and training,
housing, banking, activities of public authorities, transportation, entertainment and education.
Harassment and victimization is this form of discrimination can be either directly or indirectly.
Action of individuals may not be deliberately focused on discriminating against someone, but
may still be counted as one of such instances. In order to strike a balance within a society, it is
highly crucial for the components to not practice favouritism in their actions and behaviour
(Phillips, 2011). The need of living in a healthy society can be never be underestimated.
Basically a society can be referred to the group of people or the aggregate people who wish to
live together. Such people either shall belong to the different cast or community or shall belong
to different community. The key principle of setting up a society is to promote and provide peace
and harmony. The main motive of the people residing in the society is to provide peace of
everyone's life and let not any other anti social element to harm the harmony. But due to some
anti social elements present in the society it sometimes become impossible to establish a perfect
harmony. The rate of crimes has been increasing at a fast rate and in consequence of the same it
has become impossible to establish a good and peaceful environment in the society.
Apart from other crimes, racism is one of the significant issues which has been
accompanied by the trend of blaming each other. In accordance to a research, people belonging
to minority ethnic background are still facing favouritism in the areas of eduction, health and
employment. Another trend which is a result of this discriminatory actions is that the victims
have started changing themselves in order to 'fit in' (Gallagher, 2012). However, it is believed
that this has reduced the number of complaints being registered. Crime is one of the detrimental
kind of activities, which deteriorate the health of a society. It a kind of activity which is
committed against the individual and violate the rights and the duties of the person. It becomes
really necessary for the governmental bodies to take precautions against the crimes, taking place
in the society so that rights and duties of individuals can be protected. An increase in the rate of
crime is not considered as positive factor for the society as safety of people is one of the
paramount considerations. It is quite relevant to note that maximum crime which is committed in
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England and Wales is by the community comprising of White people. Another popular concern
which is accompanied by this issue is that of the disproportionate rate of arrest as well as
imprisonment of individuals from minority communities. It has been suggested by many
criminologists that the concept of black criminality as well as black on black crime have
overpowered the other crimes which are prevalent in the society.
It was observed in one of the leading newspaper's article that the people belonging to
communities with black skin have a higher probability to be behind the bars in UK as compared
to this trend in the USA (Sealey-Ruiz, 2011). In one of the reports published by Human Rights
Commission it was clearly highlighted that there exists higher dis proportionality in the UK than
US, in connection to the number of black people in the Prisons as comported to the white
population. The report also states that the representation of ethnic minorities in the prisons of
Britain is much higher. Various instances exist and have been presented in the report which
reflect that the relation of justice system with the people of black communities has been
deteriorating (More black people jailed in England and Wales proportionally than in US, 2010),
in place of eliminating the mistrust. The shocking figure which has been highlighted through this
report says that about 5 times more people from black communities are imprisoned in
comparison to the people from white communities. Some of the specific causes which have
highlighted in this report behind these trends is that the quality of education being received by
students belonging to these communities. In was observed by of the criminologists in 1970s that
prevalence of racism incidents has the effect of criminalizing an entire community. The
consequences of which can be seen from the manner these communities have been interacting in
the society over the past years.
In Britain racism is purportedly been existing for long time, however the entire process
has been a discontinuous one. Some of the very firsts instances which were observed in the
nation was in the time of Elizabeth I (Gabbidon, 2010). It has been noted that in those times there
were instances wherein a forced removal of certain individuals happened only because of
difference in the skin colour. Another instance can be observed in the twelfth century when the
Jews of Britain were attacked. Further, post the period of World Wars there were increased
incidents of infliction of violence against black and Asians at the ports of Britain. The period of
1950s witnessed many anti-black riots in prominent regions of the country. Since then there has
been a steady rise of incidents of racism, to the extent that from 1980 onwards the government
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initiated maintenance of records in connection to racial incidents. It is highly difficult to
ascertain the actual rate of these crimes happening in the nation, and one of the reasons behind
the same is that the police has not been recording it in a truthful manner (Stafford, Bécares and
Nazroo, 2010.). Hence, only a small portion of the actual crimes is reflected from the records
maintained by them, there by concealing the dark figure of various crimes.
Moreover, another inherent problem which has developed as a consequence to this form
of crime is that of the manner in which police handles this form of racial discrimination cases. It
has been suggested by many that the manner in which police responds to racial incidents is
significantly worse. In accordance to a survey only one in ten individuals were found to be
satisfied in the manner police handled the issue. It can be inferred from these figures that the
approach of police department towards racial discrimination varies from the manner in which
other criminal incidents are handled. The case of special prejudice against blacks and Asians was
highlighted among other issues which the victims have been facing (Buchanan, 2010). It was
demonstrated through one of the inquiries that Blacks and Asians have become the prime targets
of racist violence, which eventually has impacted the manner in which these people think and
act. It has undermined the sense of social security and curtailed their freedom to move or visit
different places. It has been strongly remarked by Price and Wolfers (2010) that police of
England and Wales can be characterized as 'racism blind'. It is believed by many that there are
many in the department who in fact support racial discriminations against Black and Asians.
Hence, this reflects the actual importance of the attributes of justice, fairness and the requirement
to ensure communal safety.
It has been recently stated by the Prime Minister Mr. Cameron that it is more likely for a
black person to be in a prison than studying in one of the top universities. Further, he compared
them with the White population and said that it seems more likely for black person to be in a
custody than a white person, after committing a criminal activity (David Cameron: Black People
more likely to be imprisoned than be at a university, 2016). A strong concern has been raised by
him for the rise in these trends and every possible effort has been recommended to be adopted on
an instantaneous basis. It is shocking to note that the 14 percent population of black and other
minorities formulate to be a quarter of prisoners, currently existing in the prisons of England and
Wales. It has also been found that about 61 percent of criminals belonging to the black
community are made prisoners, in comparison to a number of 56 percent of offenders from
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White people. In accordance to another news report approximately 40 percent of the population
of prisons is comprised of black boys. In the year 2014 it was reported that black people
accounted to be highest in number within the total arrests made by Metropolitan Police. In this
year alone, the number of black people arrested amounted to be three times more than the white
people (Provine, 2011). In pursuance to the same the Equality and Human Rights Commission
has observed that the number of black people currently within the prisons of England is much
higher than the number of white people. Another peculiar trend which has been observed in this
scenario is that there are an increased number of young people who have been kept behind the
bars. A shocking figure of 40 percent has been been highlighted to represent the number of black
youth in jails of the nation. Moreover, this percentage has been steadily increasing with the
passage of time.
A group of criminologists are of the belief that the living standard of the black families in
the nation and the level of education being imparted to them are the reasons that these people are
not able to develop. Moreover, the rate of criminal acts have been increasing only due to these
reasons. As stated by Dixon and et. al. (2010) some of the specific reasons which account for a
lower education system of black people are that they are likely to get decent grades for being
selected or even for applying in good universities. This lower rate of application from young
people of this community can be completely owed to the environment around them. However, on
the other hand, it has been noted by Small (2014) that if the black people even after overcoming
varied barriers, make an application to universities they are less likely to selected and given
places in comparison to other white peers. The genesis of these actions can be traced from the
level of primary schools, when every black student is pushed into a conflict situation with white
students or teachers. In consequence to the same these students are inflicted with a negative mind
set, in connection to the concept of education and their approach towards the society. This can be
marked as the commencement of criminalization, which is further enhanced by the surrounding
environment. It has been observed that many black families live at a crisis point and undergo
severe strained times, and hence this catalyses the development of instinct of criminalization
among young people (Wilson, 2012). This could be evidenced from the fact that maximum of
young black people and especially the men dislike their school times because of the unfair
treatment they had to undergo.
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However, it has been observed by Banton, (2015) that there exist complex and multiple
reasons behind over representation of black people in the Criminal Justice System of the country.
Social exclusion constitutes to be one of the biggest and overarching causes of high population
of black involved in crimes and existing behind the bars. This cause of social exclusion has led to
formation of a peculiar pattern of culture in these families, which in turn has been fuelling the
instinct of criminalization in these people. Moreover, it has also been observed that this level of
exclusion has given rise to an increased socio-economic deprivation to the families as well as the
communities. In consequence of these conditions the younger generation of black families are
likely to become more vulnerable to criminal activities (Young Black men make up four in 10 of
youth jail population, 2011). A similar view has been reiterated by Warde (2013), wherein social
exclusion is characterized as one of the key underlying causes for a greater involvement in
criminal activities. Thus, all these authors are of the view that the increasing level of deprivation,
exclusion and underachievement in life accounts for lack of any form of positive aspiration in
life. Moreover, poverty and under-education lead the young people to be subject to criminal
justice system. Some of the personal issues of these families such as lack of good parenting or
absence of involvement of fathers in another factor which develops the criminal instinct in the
black people (Causes of Over-representation, 2017).
Apart from the actual criminal activities being undertaken by the black people, there are
instances wherein the black or Asian people are made to go behind the bars for no mistake of
their own. This is a completely contrary view wherein discrimination forms to be one of the
primary factors to over representation. It has been observed by Stolzenberg, D’Alessio and Eitle
(2013) that stop and search stays to be one of the causes of concerns for increasing the
representation of black people in the prison system of England. In accordance to section 1 of
police and Criminal Evidence Act, 1984 every officer is under an obligation to have reasonable
grounds for stopping and searching any individual. It has been observed that the probability of
stopping and searching black people is 6 times more than that of white people. A highly
disproportionate role is played by the police officers while suspecting black people in
comparison to white people (Lentin and Titley, 2011). It has been also observed by some of the
researchers that there is a higher possibility for black people to be sentenced ion pursuance to
this section in comparison to white people. Moreover, it has also been stated that the duration of
sentencing also differs with a difference in the skin colour of the offender.
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Furthermore, it has also been witnessed that the perception of police towards the black
people as well as the perception of black people towards the entire police system has promoted
the involvement in the Criminal Justice System. Walker (2010) has noted that there are various
instances wherein the black people do not get in touch with police even if anything wrong is
happening around them. They rather choose to redress the same by their own means, which may
even be informal or illegal in nature. The rationale behind the same is that some of these people
have grown with the notion that police operates to victimize their communities. Hence, a self
made barrier is developed around these people which severs the relation with police department.
It is widely believed by the community that this corporate body does not function to uphold the
interests of minorities, especially black people. On the contrary, it has been noted by the Hodson,
Dovidio and Gaertner (2010) that there is a widespread perception in the police department as
well which views the the black community people as attached with a criminal instinct. It has
been stated by many victims of this perception that the police officers enter the crime scene with
the notion that the black person has committed the wrong. Hence, the entire investigation process
is influenced by this notion, and in result all the conclusions are also made in accordance to this
perception. There exists intense discrimination from the side of police department towards black
as well as Asian people, and the same can be evidenced from the fact of over representation of
these people in the prisons of England and Wales. This could not be stated as a general rule, but
it would not be an exaggeration if stated that majority of the department is comprised of such
officers.
This lack of effective communication between these two elements is the primary cause
for escalation of the gap and mistrust between them. It has been observed my one of the victims
that the police lacks a distinct understanding of the varied disciple as well as behaviour codes, on
the basis of which black people behave (Cole, 2011). In result the actions of people from these
communities are often misconstrued or misjudges by the police officers, leading to detrimental
effects. Further, it has also been observed by the police department that there exists a lack of
confidence on the Justice System among the minority communities, which has forced these
people, especially the young ones, to seek alternative informal or illegal remedies. They are of
the belief that police shall never confer justice for their people and hence indulge in 'street
justice' (Chakraborty and et. al., 2010). The increased vulnerability of these people also push
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them to indulge in other unlawful activities, such illegally carrying weapons, dealing in drugs
and so on.
Hence, it would not be wrong to say there exists an entire cycle of events which has led
to development of this situation of over representation of black people in the prisons of England
and Wales. The interplay of different components has led to happening of one event as a
consequence of another. The entire Criminal Justice System of the nation is facing this issue of
increasing racial discrimination. It is an instantaneous requirement to address the common
perception which is carried against people form minor communities, especially black people
(Williamson and Khiabany, 2010). Moreover, it is important to understand that a significant role
is being played by the level of discriminatory activities being undertaken against black people.
Therefore, it is required by the police department and Justice system to immediately instil a sense
of trust and confidence within the both the elements. There exists a pattern of behaviour being
exercised by people of these communities, which shall be instantaneously broken to strike a
balance in the society as well as ensure fair treatment. Hence, the over representation of black
people in the prison of England and Wales can be owed to both the Criminal Justice System and
black people.
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REFERENCES
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