Contemporary Examples of Racism and Discrimination in Crime Control

This essay critically examines contemporary examples of racism and discrimination in crime control practices within the criminal justice system, primarily focusing on the UK context. It begins by establishing the moral and legal principles of equality, contrasting them with the presence of discrimination, particularly racial bias. The paper delves into arguments surrounding disproportionate treatment of minority groups, citing statistics and reports that highlight disparities in stop-and-search practices, prosecution, and sentencing. It explores the perspectives of both minority groups and law enforcement, addressing the decline of overt racism alongside the persistence of subtle biases. The essay references relevant literature, including reports by MP David Lammy and the Equality Act 2010, to analyze policy implications and the impact of these issues on community relations and trust in law enforcement. The paper concludes by emphasizing the need for continued efforts to address racial disparities and promote fairness within the criminal justice system.

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There is a general agreement to the fact that any form of discrimination towards race or
ethnicity violates the principle of equality are morally incorrect. According to the principles of
equality, those who are equal should be treated equally based on the level of similarity and race
must not be an element to access such similarities (Feltham, 2009). Therefore, morally people
can be treated differently if there is a factual difference but not based on traits like sex, race,
religion or disability. The term equality is non-specific which means that it has no meaning until
it has been applied. One of the fundamental elements of a fair and just criminal justice system is
equality. Discrimination is a term contrary to equality and therefore where discrimination is
present the principles of criminal justice cannot be established (Feltham, 2009). This means that
people possessing a certain trait would be treated less favourably as compared to others who do
not possess such traits (Siegel and Worrall,2013).
According to Kivel (2017), race depicts a group of people who are reasonably alike in
biological inheritance and can be distinguished from other groups of the same basis, where
people are discriminated based on race it results in racism. The presence of racism in the
criminal justice system has been argued by people of the minority groups since the 19th century.
According to the argument, Afro-Americans have been subjected to significant unjust and
detrimental treatment when it comes to criminal justice. There is a perception that a lack of
uniformity exists in prosecutorial decision-making regarding criminal cases involving minority
persons and the criminal justice system provides inadequate protection, access, support, and
services to minority victims of crime. Likewise, research has consistently shown that legal
factors such as offence seriousness, evidentiary strength, offending history, the direct context of
decision making, victim charging preferences, as well as extra-legal factors such as

socioeconomic status account for most (but not all) of the variation between different ethnic
groups(Cunneen 2006; Blagg et al 2005; Bowling, Phillips and Shah 2003).
The purpose of this paper is the critically discuss contemporary examples of racism and
discrimination in crime control practices by engaging with the relevant literature. The paper
compares and contrasts various journal articles about discrimination and racism in the criminal
justice system to come to an appropriate conclusion.
According to a highly critical report prepared by MP David Lammy as requested by the
prime minister, the prosecution of some minority-ethnic and black suspects should be dropped or
deferred to tackle discrimination against them in the criminal justice system of England and
Wales (Dodd and Bowcott 2017). In addition, it had been suggested by the report that the young
defendants’ criminal records and immaturity have to be sealed to provide support to former
criminals to find work as the statistics of discrimination in the UK is worse than the US in certain
cases (Dodd and Bowcott, 2017). In his report, it had been stated by the MP that minority-ethnic
and black individuals are still subjected to Bias in the country which includes overt
discrimination in the criminal justice system. The facts which have been argued by people
having a minority background for decades with respect to discrimination in the system have been
supported by this report (Dodd and Bowcott 2017).
In England and Wales, the population of black people is only 3% whereas they make a
12% part of the prison. There is a “greater disproportionality” in their number in prison as in
E&W as compared to that of US. In the America, the percentage of black people in the
population is 13% whereas their presence in the prisons is 35% (Dodd and Bowcott 2017).
Pakes (2014) indicated that the rate of overt racial discrimination in the criminal justice system is

declining. However, as highlighted by Jee-Lyn García and Sharif (2015) the level of
discrimination because of a person belonging to a particular race is still significantly high in
prisons as well as perceiving them as criminals. Where an argument is provided that there is a
considerable decline in the practice of racism and discrimination in the criminal justice system,
there must be some kind of policies and procedures in place which has triggered the decline. In
this context, it has been stated by Kappeler and Potter (2017) that the criminal justice system in
the countries like UK and US do not have any considerable and express policy or regulation to
combat discrimination in the criminal justice system. In the UK the Equality Act 2010 is present
which has the objective of eliminating discrimination. However, the provisions of the legislation
are practically only applicable in workplace relations between the employee and the employer
(Equality Act 2010).
An argument has been raised by Johnson, Farrell and Warren (2015) that equality cannot
be restored in the criminal justice system where no right or proper opportunity is provided to the
inmates to escalate any issue which is contrary to basic human rights. Although the issue is not
directly related to issue of racial discrimination in hand, it can be derived that where such
fundamental rights are not provided there would not be any scope for those who are
discriminated against. However, statistics depict that the level of racial discrimination in the
criminal justice system has declined from where it was in the last decade due to the interventions
of Human Rights Commissions and other NGOs. These organisations have been working hard to
give rights to people who belong to the minority races which they are deprived by other
government bodies. However, Rudin (2016) argues that there is no substantial evidence to verify
the authenticity of such statistics as most of the cases of racism and discrimination in the
criminal justice system go unreported. This is because there are no platforms which have been

provided to such groups through which they can raise their voice against injustice. As the guards
of justice such as the police themselves indulge in discriminative actions, there is no upfront
representation of who such concerns can be raised by the victims.
The figures which are depicted by statistics are mainly those who have somehow got
highlighted, and the organisations have backed them towards attaining justice. There is a certain
perception among the law enforcement that the people of minority groups are criminals. For
instance, they are referred to as “gang” rather than a group and therefore always perceived as
criminals. Official figures released by the Scotland yard depicted that the metropolitan police
involved in excessive use of force towards a large number of black people in London between
May and July 2015 (Dodd and Bowcott 2017). However, the proposal made by MP David
Lammy has been criticised highly by the public. According to Worrall (2014) rather than ethnic
communities, the British law enforcement is bias against the indigenous communities, and they
take the ethnic communities lightly for the sake of political correctness. For instance, at
Rotherham and few other towns, young girls have been groomed by Asian gangs and people do
not do any interventions as they are scared to be called racists. Indigenous people, in their own
land, have been reduced to second-class citizens and probably more deteriorated status if they are
wearing a uniform, are white and male. However, it may also be argued that it is normal for
white gangs to exploit and groom Asian and Young girls and when it is done by ethnic minorities
it is termed as exploitation. In reality, political interest highlights such issues, and when it
becomes a matter of public debate, it is used by politicians to achieve their own interest.
Any person would not be surprised if it is conveyed to him or her that the UK or US
crime prevention system is racially biased. An argument has been provided by Saperstein,
Penner and Kizer (2014) according to which whether the system is biased or not is based on

perceptions. Those who are white perceive that more black or Asian people end up in jail
because they committed more crimes, their culture is such that they are made to indulge in
criminal activities. On the other hand, an according to those who are Black or Asian, they end up
in jail more because they are targeted by the law enforcement, they are perceived as criminal
rather than ordinary citizens of the society (Kentish 2017).
According to Dodd (2017), the process of stop and search is eight times more likely to be
targeted at the black people. The crime control system is going backwards as racial disparity is
growing even where overall stop and search programs have declined. The statistics on the whole
stop and search programs have depicted a decline of 21% which is below 304000 incidents in
England and Wales (Dodd and Bowcott 2017). However, where the stop and search on white
people declined by 18%, the drop on minority ethnic people was only 11%. Other than the black
people different ethnic groups were found four times more likely to be stopped and searched as
compared to the white British citizens. Therefore, it is clear that in the country there are different
policing standards for diverse communities. The system is inherently unfair, and through such
statistics, it can be depicted that the system is actually going backwards. 17% of the stops on
ethnic committees have resulted in an arrest which is 1% higher than the previous years (Dodd
and Bowcott 2017).
It has been stated by Amber Rudd, the home secretary that the statistics provide that the
stop and search reforms are actually working. There has been in arise in the stop-to-arrest rate,
and it is to its summit once again. The new data on the reforms depicts that 75% of the stop and
search programs have led to some action taken by the police (Dodd and Bowcott 2017).
However, this does not justify the process where a person is stopped because of his or her
ethnicity or race. The onus is put on the chief constables to explain the case of disparity in the

areas where they operate in order to ensure that the program is used efficiently or else it would
result in a counterproductive situation which would decrease the confidence in policing. The
metropolitan police which operates in London are the maximum use of the stop and search
powers (Presstv,2017). In every 1000 people, 16 people have been stopped and searched in the
area. The rise in the level of violent crime makes the police to indulge in more stop and search
initiatives (Presstv.com 2017). The greater uses can be supported in case it is deemed necessary
for the police to do so to prevent crime. However high concern still exists concerning racial
disproportionality in the stop and search process. The matter has an adverse effect on community
relations where the black Britons lose their trust and confidence in the police.
Black, Asian and Minority Ethnic people as discussed above are more likely to be
stopped and searched than those who are white. The disparity is different in types of stop and
search powers. In 2011 it was found that the metropolitan police used the stop and search powers
28 times more likely on black people as compared to the white people (Crime and Justice, 2017).
The contemporary statistics depict a letter-number which is only eight times. However, these
numbers should have decreased more in the light of the overall drop in the use of stop and search
powers.
In England and Wales by the end of 31st March 2016, there have been 1.04 million arrests
made by the police. As compared to the last year there has been a decrease of 3% in the rate of
arrest. In the arrest was of white people, 8% of those who are black and 65 of Asian (Dodd and
Bowcott 2017). However, there has been a 25% arrest of Asian or black people out of all arrests
by regional forces like the Metropolitan Police. In 2016 black people were three times more
likely to be arrested by the police as compared to white Britons whereas those who belonged to a
mixed ethnic group were twice as likely to be arrested by police as compared to the white

Britons. In addition, the doctrine of Joint Enterprise as provided by Joint Enterprise – Not Guilty
by Association (JENGbA) through which people can be arrested where they have not been
directly indulged in a criminal act but have encouraged it, is being used disproportionately
against people of minority communities. 80% Out of the 500 prisoners with whom JENGbA is
engaged are from such minority communities (Irr.org.uk 2017).
According to Matthews and Young (2013), black and Asian people who have been
alleged of an indictable offence are more likely to be provided immediate custody as compared
to the white people. In 2016 where 30% black and 32% Asian people were put in immediate
custody as compared to 25% of the white Britons. In relation to driving offences, the black
offenders were more likely to be sentenced to jail by 44% as compared to white people. Also
concerning public order offences 38% and relation to possession of weapon 27% of black people
were more likely to be provided sentences as compared to white people (Andrews,2017). In
addition, Asians were 19% more likely to be given convictions for shoplifting and for drug
offences 41% as compared to white people. These figures clearly depict that there is a culture of
discrimination in the criminal justice system of UK and specifically within the crime prevention
agencies. This is because where the same offices have been committed more percentage of
sentencing to specific ethnic groups as compared to others. Therefore the theory that black
people are put in jail more as compared to the white people only based on the fact that they
commit more crime is clearly nullified and discrimination in the system is apparently present.
In the prison systems, the number of Black, Asian and Minority Ethnic people are
significantly overrepresented as 20% of the overall prison population is occupied by them
(Irr.org.uk 2017). Where the number of black Britons in UK prisons was 10% were they
constituted only 3% of the total population in 2014 the number increased to 13% in 2017 while

their population is remaining constant (Irr.org.uk 2017). The Equality and Human Rights
Commission expressly stated that “there is greater disproportionality in the number of black
people in prisons in the UK than in the United States” (Dodd and Bowcott 2017). These statistics
strongly support the argument that the criminal justice system in the UK about racism and
discrimination is actually going backwards.
There is a serious concern in relation to the fact that how can the problem of racism in the
country be addressed. The enactment of policies and procedures to prevent discrimination and
racism in the criminal justice system cannot be successful unless the mindset of the people
towards racism is changed and they realise that it is severely detrimental to the modern-day
society. The police officers and the judges who have the duty to promote equality and prevent
racism either knowingly or unconsciously indulge in racism and discrimination. Therefore, it is
not possible to implement the policies until the perception of the people changes (Burch, 2015).
However, it can be argued that the system requires robust and transparent policies which are in
favour of such ethnic groups. These policies may include positive discrimination towards them to
enhance their present situation in the criminal justice system. In relation to such argument, there
is a clear and definite argument that such policies may increase the rate of crime and the with
people would develop a sense of hatred towards the other groups. In the post Brexit period, there
has been a significant increase in crime where violence has been triggered towards minority
ethnic group and where positive discrimination is introduced it may fuel such violence to an
uncontrollable extent (Lyn, García and Sharif, 2015).
MP David Lammy has recently suggested that black people and other minorities must not
be prosecuted by the crime prevention agencies if it is found that they are “immature” or stupid
as the criminal justice system of UK is discriminatory, racist and biased against blacks and other

minority ethnic groups. The statement made by the MP had initiated a significant controversy in
the country where people are wondering how such comments can be made by an MP (The
Times,2017). However when the statement is analysed in the light of the overall concept it may
not sound as amazing as it does prima faice, Germany already has a system in place where the
maturity of young offenders is accessed before they are prosecuted rather than an inflexible
system where the mature and immature is decided on the basis of whether the person is 18 or not
in England and Wales (Times 2017). The system in Germany allows a less punitive juvenile law
which is applied on young adults in case “moral and psychological development” of the accused
depicts that he or she is “like a juvenile” or is immature (Goldson and Muncie,2015). However,
if such system has to be applied than it has to be applied to everyone, which means all young
adults and not specifically those who belong to a specific community. Also, the system may be
misused by young adults where they may try to manipulate their maturity just in the way it is
arguably done in the juvenile justice system.
From the above discuss statistics and facts it can be clearly stated that racism and
discrimination are present in crime controlling practices in the UK. The paper depicts that
criminal justice favor the rich and powerful over the minority. The crime committed by the
powerful never reaches the court and when it does they are released by payment of fines. Racial
disproportionality in the criminal justice system is a fact. But the fact of racial disproportionality
is the beginning and not the end of the conversation. The fact that blacks are overrepresented in
stop, arrest, charge, pretrial detention, conviction, and incarceration statistics demonstrates only
correlation and not causation
When it comes to arrests, stop and search, sentencing and treatment in prison, people who
belong to minority ethnic groups are subjected to a less favourable treatment than those who are

white. There are no significant policies and procedures in place which may allow addressing the
re-emerging concern of racism in the system. However, different groups of people perceive
racism differently based on the theory of perception. Whites perceive that too much of liberty is
provided to the blacks and Asians as they get away with crime because people are afraid to
interfere in fear of being called racists. On the other hand, it is perceived by the black and Asian
people that they are unfairly targeted by the crime controlling agencies. Politicians utilise such
difference in perceptions to trigger their own political interest. However, from evidence
discussed in the paper, it can be stated that black and minority ethnic committees are unfairly
targeted by the crime prevention agencies and the criminal justice system in the UK goes back to
the days of racism and discrimination.

References
Andrews, K. (2017). Racism is still alive and well, 50 years after the UK’s Race Relations Act |
Kehinde Andrews. [online] the Guardian. Available at:
https://www.theguardian.com/commentisfree/2015/dec/08/50-anniversary-race-relations-act-uk-
prejudice-racism [Accessed 2 Dec. 2017].
Burch, T., 2015. Skin Color and the Criminal Justice System: Beyond Black‐White Disparities in
Sentencing. Journal of Empirical Legal Studies, 12(3), pp.395-420.
Crimeandjustice.org.uk. (2017). Racism and criminal justice | Centre for Crime and Justice
Studies. [online] Available at:
https://www.crimeandjustice.org.uk/publications/cjm/article/racism-and-criminal-justice
[Accessed 2 Dec. 2017].
Dodd, V. (2017). Stop and search eight times more likely to target black people. [online] the
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times-more-likely-to-target-black-people [Accessed 2 Dec. 2017].
Dodd, V. and Bowcott, O. (2017). Exposed: ‘racial bias in England and Wales criminal justice
system. [online] the Guardian. Available at:
https://www.theguardian.com/law/2017/sep/08/racial-bias-uk-criminal-justice-david-lammy
[Accessed 2 Dec. 2017].
Goldson, B. and Muncie, J. eds., 2015. Youth crime and justice. Sage.