The essence of a judicial system in an open, fair, and just society should be its impartiality. Indeed, we have heard it said, “Justice is blind”. However, the figures regarding the disproportionate number of racialized persons living lives of incarceration in the U.S. are staggering.
Is the judicial system to blame, or is the judicial system merely the end of the road for people whose lives lead them on a steady, almost direct, path to the courthouse – and then the jailhouse – door? Are the courts responding to a public opinion that stereotypes people of color as prone to crime? As these questions are contemplated, one overarching question emerges: Does the judicial process in the U.S. result in racial discrimination?
How might public policy help ameliorate the plight of a perceived “subculture” of society, i.e. the disproportionate number of racial and ethnic minorities who fall victim to ‘the system’? Consider such procedures as bail, fines, warrants for failure to appear, the right to counsel, plea bargaining, jury selection and sentencing. Cite examples from the Ferguson report and other readings.
