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Policy Issues within the Criminal Justice System: Racial Disparities
Clarissa Cook
Liberty University
CJUS 601: Criminal Justice Program Evaluation
Dr. Nancy Alleyne
November 26th, 2023
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Abstract
Fundamental disparities in race built into the criminal justice system require immediate
intervention because they call into question basic principles of justice and fairness. Recent events
and compelling evidence highlight the need to address systematic racism and its profound effects
in the economic, educational, and healthcare domains. The implications for individuals,
communities, and families are substantial, extending poverty cycles and straining law
enforcement relationships. Failure to address these challenges not only affects the general
public's faith in the judicial system but also goes against biblical ideas of justice, righteousness,
and the intrinsic value of all people. A comprehensive approach that includes legislative reforms,
engagement with the community, and the elimination of institutional racism is essential. While
small improvements and community-led efforts can help, full implementation of regulations
addressing racial disparities is required to create a just, equitable, and inclusive criminal justice
system. Inaction has significant consequences, including long-term effects on trust, societal
cohesiveness, and the general wellness of impacted people and communities.
Key Words: Racial Disparity, Inequality, Fair, Criminal Justice System, Policy, Discrimination
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Introduction
Racial disparities are one noticeable strand that sticks out in the complex structure of the
criminal justice system, releasing shadows on the principles of fairness and impartiality. Recent
occurrences and eye-opening statistics have highlighted the critical need to address the profound
inequalities in our legal system as we negotiate the complex challenges of modern life. “In the
summer of 2020, America’s national headlines were full of strikingly radical critiques of
criminal justice. People across the United States demanded that authorities should end mass
incarceration, defund the police, and dismantle the systemic racism that characterizes American
criminal justice.” (Garland, 2023, p. 1). A brief examination of the latest news headlines
indicates the ongoing difficulties connected with racial disparities in the criminal justice system.
The devastating cases of George Floyd, Breonna Taylor, and Ahmaud Arbery have not only
sparked enormous protests but also forced society to confront the painful truth that those of color
frequently suffer disproportionate legal consequences. As we continue this path, it is critical to
understand the varied nature of racial inequities in the criminal justice system. It will examine
elements like racial profiling, sentencing regulations, and institutional prejudices that contribute
to the continuation of this genuinely concerning issue in the following discussion. By focusing
on the nuanced nature of racial inequalities, we will contribute to the more extensive
conversation about creating a criminal justice system that is just, equitable, and a good
representation of the diversified population it serves.
Racial Disparity
Racial disparities in the criminal justice system are a severe problem with far-reaching
consequences for individuals and society. “Racial discrimination is a deep-rooted systematic
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issue affecting many populations around the United States in the present day” (McIlvaine, 2023,
p.1), and understanding why this important topic is critical to creating a just and equal society.
Here are a few reasons why racial disparities in the criminal justice system are a significant
concern: Racial disparities undermine the fundamental concepts of justice and fairness that
constitute any functional legal system. When individuals of different races and ethnicities
encounter inconsistent treatment, it diminishes public faith in the judicial system and calls into
question its reliability. Racial disparities in the criminal justice system often reinforce more
significant structural inequalities. “The systems and structures that perpetuate racial inequalities
and render illegible demands to address these inequalities” (Peacock, 2023, p.9). These
differences can be associated with concerns like economic inequality, educational gaps, and
restricted access to healthcare, creating an endless cycle of disadvantage for underrepresented
communities. Unequal treatment based on race raises severe issues concerning human rights and
civil freedoms. Regardless of race or ethnicity, everyone can be treated equally and without
discrimination.
Racial discrepancies question the basic tenets of equal protection under the law.
Racial disparities affect law enforcement’s connection with the communities they represent.
Trust is vital for efficient law enforcement, and when populations believe they are being targeted
or maltreated, cooperation between law enforcement can decrease. Building trust is essential to
keep communities safer. Racial disparities have a significant impact on families and
communities. Unjust arrests, severe sentencing, and over-policing of regions may break up
families and extend cycles of poverty and crime, negatively hurting the general well-being of
communities of minorities. Racial inequality can have serious economic consequences.
Individuals with a criminal record usually have difficulties getting employment, housing, and
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educational opportunities. This can worsen a cycle of poverty and limited societal advancement,
aggravating structural inequalities.
The criminal justice system spends a lot of money on law enforcement and incarceration.
When racial inequities lead to over-policing and over-incarceration for specific groups, it
represents a waste of resources that might be better spent addressing the underlying causes of
crime or determining more effective crime prevention precautions. It is a moral duty to address
disparities in race in the criminal justice system “to understand the persistent yet insidious and
often discounted racism and its moral implications in contemporary society” (Elias, 2023, p.6). It
demonstrates a dedication to the principles of equality, fairness, and human dignity. A fair and
inclusive society should try to remove disparities between races in all its institutions, including
the criminal justice system. Worrying about racial disparities in the criminal justice system is
about more than just social justice; it is about protecting the legal system’s integrity, defending
human rights, and promoting a society where everyone can achieve success. To address these
inequities, a comprehensive and long-term effort is required to change regulations, strengthen
law enforcement approaches, and promote more significant equity throughout the criminal
justice system.
Significance of Racial Disparity
The significance of racial disparities in the criminal justice system goes beyond
individual cases, impacting cultural, economic, and ethical issues as “there is evidence of wide-
ranging racial disparities across the criminal justice system continuum” (Saunders & Midgette,
2023, p.4). Understanding the importance of this issue is critical for addressing its underlying
causes and working toward a more equal and just society. Racial disparities in the criminal
justice system significantly impact individuals, society, corporations, and politics, forming the
foundations of our ordinary existence. Individually, the impact is emotional since people of color
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are disproportionately enmeshed in a system that imposes justice unfairly. Families are broken
apart, possibilities are threatened, and the social structure is torn, generating skepticism and
disappointment. These gaps lengthen cycles of poverty, limiting impacted people’s capacity to
repair their lives and reintegrate into society. The consequences of discrimination based on race
are far-reaching on every level of society. When certain groups constantly face unequal treatment
in the criminal justice system, trust, an essential component of stable societies, deteriorates.
“Racial inequalities intersect many disciplines, requiring multidisciplinary efforts to fully
understand and ameliorate them” (Dass, 2023, p.4). This deterioration of confidence undermines
unity in society and impairs collaboration between communities and law enforcement,
preventing the shared objective of making neighborhoods more secure. In addition, racial
disparities contribute to the continuation of systemic inequality by amplifying pre-existing social,
economic, and educational disadvantages. As a result, underprivileged populations carry a
disproportionate share of the expenses, sustaining societal disparities and preventing the
development of a truly inclusive and equitable social order.
Racial disparities have an influence beyond individual lives and societal dynamics into
business and politics. Businesses have the issue with handling a workforce in which people with
criminal records, usually the result of racially inequitable legal systems, face job difficulties.
This not only perpetuates economic inequality but also restricts labor diversity, restricting the
potential for creativity and ingenuity. The continuance of racial inequities in politics emphasizes
the pressing need for fundamental policy reform. When marginalized populations continue to
suffer the burden of discriminatory practices, public trust in political institutions gets put to the
test, stressing the need for legislators to address structural concerns and reestablish trust in the
system of democracy.
Solution
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To address racial disparities in the criminal justice system, a comprehensive technique
that includes policy reforms, community participation, and a commitment to addressing
structural discrimination must be implemented. “Community engagement can also help in
addressing systemic racism to eliminate biases and disparities” (Cristobal, n.d). To begin,
modifications to legislation are required to remove biases and promote fairness. This includes
updating sentencing regulations, emphasizing alternatives to jail, and adopting training on
unconscious bias for law enforcement and legal staff. Measures that disproportionately affect
vulnerable populations, like stop-and-frisk strategies, can serve to reduce disparities in arrests
and experiences with the criminal justice system. Community involvement is also vital in
establishing trust and collaboration between law enforcement and the communities they serve.
Community policing initiatives, in which law enforcement actively works with people to resolve
public safety issues, can result in more effective and respectful police approaches. Fostering
transparency and responsibility among law enforcement institutions helps to develop confidence.
Community-led attempts focusing on education, mentoring, and addressing the social
causes of crime can also help break the cycle of adversity that often leads to disparities in race.
Systemic change requires a dedication to exposing and eliminating institutional racism. This
includes encouraging diversity in the criminal justice system, which includes law enforcement,
legal professionals, and judges. “The legal services board has a broad program of work aimed at
encouraging a diverse workforce, including guidance for legal services regulators, research on
the experiences of legal professionals from different backgrounds, and initiatives designed to
address counter-inclusive practices that act as barriers to underrepresented groups” (KC, 2023,
p.4). Investing in education, healthcare, and economic opportunities for vulnerable populations
can address the fundamental causes of crime and contribute to a more fair and equitable society.
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By combining our efforts, we can fight for a criminal justice system that promotes fairness,
equality, and justice for all, regardless of race or ethnicity.
Do Nothing
If there is no action to address racial disparities in the criminal justice system, the
outcome will be to prolong and increase current inequalities. If this issue remains unresolved,
mistrust between minority populations and law enforcement will increase, potentially leading to
more significant conflicts and instances of disorder. Failure to act may also prolong the cycle of
systematic discrimination, with minority people experiencing more excellent rates of arrest,
conviction, and harsher punishment than their non-minority equivalents. Failure to address racial
disparities may jeopardize core principles of justice and fairness, diminishing the public’s
confidence in the judicial system. “Emphasize that this focus on legitimacy will better address an
issue that has not been addressed effectively by deterrence approaches. That issue is public trust
and confidence in the police, the courts, and the law” (Tyler, et al., 2015, p.35). This lack of trust
can have permanent social and economic consequences, as people may feel disadvantaged and
alienated, making it difficult to take an active role in society.
If significant intervention fails to occur, the criminal justice system may continue to
adversely impact minority populations, perpetuating a cycle of poverty and reinforcing structural
inequities. Addressing racial disparities is not just a moral obligation; it is also required to
develop a more just, equal, and mutually beneficial society. The consequences of failing to
address racial disparities in the criminal justice system may be severe and inescapable. Without
action, racial inequities can continue and grow, leading to an assortment of detrimental effects on
the criminal justice system, its budget, and stakeholders.
Impact on Department
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Over time, the department’s credibility and trust with the public could decline.
Communities who view the criminal justice system to be prejudiced and unjust are less inclined
to work together with law enforcement, hindering efforts to avoid and address crime. This lack
of trust can strain relationships between police officers and their communities, potentially
leading to rising tensions and challenges in maintaining public safety.
Impact on Budget
The budgetary effects could be considerable. Racial disparities in detention can
contribute to more excellent incarceration rates, resulting in higher expenses associated with
operating prisons and supporting an increased inmate population. Legal challenges and civil
lawsuits regarding discriminatory practices could also emerge, adding to the criminal justice
system’s financial burden. Budgetary constraints may limit resources available for crime
prevention, community participation, and other preventive initiatives, consequently affecting the
criminal justice system’s overall effectiveness.
Impact on Stakeholders
The impacts on stakeholders, particularly minority populations, can be severe. In
numerous fields, persistent racial inequities can rise to emotions of unfairness and separation.
This perception of injustice may lead to decreased cooperation with law enforcement, impede
community policing initiatives, and perpetuate a cycle of skepticism. The more significant
effects on society include the persistence of structural inequity, limiting cohesiveness, and
contributing to broader social and economic ailments.
Incremental Approach
Making reasonable, concentrated changes over time is an incremental approach to
reducing racial disparities in the criminal justice system. One component of this action plan
might be to improve police training and engagement with the community. This might include
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mandatory cultural competence training for law enforcement officers to raise their understanding
of discrimination based on race and encourage fair and equitable interactions with various
populations. Community policing activities might be broadened to enhance beneficial police-
community connections.
Impact on Department
To implement incremental improvements in police training and engagement with the
community, extra resources for developing and delivering new training programs may be
required. The organization may need to budget for trained instructors, updated teaching
materials, and ongoing monitoring and evaluation of officers’ performance. While this may
initially burden the department’s budget, the long-term effects might result in a more efficient
and effective police force with better community interactions, reducing the need for costly legal
processes and settlements associated with discriminatory incidents.
Impact on Budget
The initial expenditures of adopting incremental changes in police training and
community participation may momentarily burden the department’s budget. However,
strengthening community ties and minimizing racial prejudice may result in cost savings in the
long term. Fewer legal challenges, dispute resolution, and settlements involving discriminatory
policies may result in monetary benefits for the agency. Furthermore, a better connection with
the community may lead to improved working together and exchanging information, improving
overall public safety, and lowering the need for unnecessary law enforcement spending.
Impact on Stakeholders
Stakeholders, advocacy organizations, and local government officials will consider the
incremental approach a positive step toward reducing racial inequities in the criminal justice
system. Increased transparency and responsibility in law enforcement might improve trust
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between the police and the community, resulting in a more collaborative effort to maintain public
safety. “The efforts that can be made in establishing a healthy relationship with the public
include building good communication with the public; Increasing openness and transparency in
carrying out tasks; and Strengthen the relationship between law enforcement agencies and the
community” (Hidayat et al., 2023, p.14). Advocacy organizations may welcome the commitment
to continuous development, and local government officials might perceive it as a reasonable
investment in the community’s future wellness.
Full Implementation
Full implementation of reform to address racial disparities in the criminal justice system
would need an integrated approach that included improvements in police, prosecuting
procedures, and sentencing guidelines. Such measures would have an innovative impact,
encouraging fairness, equity, and community trust. Full implementation would impact the
criminal justice system, community dynamics, and general wellness beyond specific
departments. These improvements can address the fundamental factors that contribute to racial
inequalities and build a criminal justice system that represents all members of society fairly and
effectively through advocating a more equitable and just system.
Impact on Department
There would be a noticeable increase in community relations and trust within the
departments of the criminal justice system. Adopting community policing tactics, giving bias-
free training for law enforcement, and holding officers accountable for misconduct will enhance
collaboration in the communities they serve. As the community becomes more involved in
promoting public safety, the law enforcement process could become more efficient and
successful.
Impact on Budget
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While early expenditures in training programs and technological advancements may be
necessary, the long-term savings might be significant. Reduced wrongfully convicted individuals
and using evidence-based sentencing may result in reduced imprisonment rates, lowering the
expenses associated with maintaining a large prison population over time. “Political and
financial considerations can influence judges in many decisions. Many of these elected officials
are unaware that the funds that compensate those wrongfully imprisoned are dispersed through
the state’s budget” (Hekkert, 2023, p.18). Funding might be shifted to community-based
programs, education, and rehabilitation services to address the core causes of criminal behavior
and contribute to long-term crime prevention.
Impact on Stakeholders
Stakeholders, advocacy organizations, and community leaders are expected to profit from
implementing these policies. A reasonable and just criminal justice system produces an
impression of communal justice and security. Civil rights and criminal justice reform advocacy
organizations would have their work understood and encouraged, and individuals would have
increased trust in the judicial system. Local leaders may take fulfillment in making their town
more equitable and inclusive, promoting a favorable public image, and encouraging economic
development.
Christian Worldview
Addressing disparities in race in the criminal justice system is consistent with biblical
ideals of justice, righteousness, and the commandment to love one's neighbor as oneself. The
Bible continually emphasizes the importance of justice, with scriptures like Micah 6:8 noting,
"He has shown you, O mortal, what is good." And what does the Lord expect of you? To act
justly, to love mercy, and to walk humbly with your God." Racial disparities in the criminal
justice system reduce justice and fairness principles, sustaining structural inequalities. From a
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biblical standpoint, this contradicts the notion of fairness and treating all people with dignity and
respect. The Bible stresses that all persons are made in the image of God (Genesis 1:27),
supporting the inherent value and equality of all people. Racial inequalities violate this concept
by unfairly treating certain communities depending on their ethnicity. A biblical perspective on
racial disparities in the criminal justice system highlights the need for individuals to act justly,
recognize mercy, and pursue communal prosperity. It is consistent with the Bible's primary the
principles of justice and equality, asking believers to confront structural difficulties, promote
reconciliation, and aim for a society in which justice and fairness prevail for all.
Conclusion
The persisting racial discrepancies within the criminal justice system pose a significant
challenge to the principles of justice and fairness. The high-profile cases of George Floyd,
Breonna Taylor, and Ahmaud Arbery, combined with devastating statistics, emphasize the
critical need to address systemic racism within our legal system. Racial inequities not only
undermine public faith in the legal system, but they also perpetuate deeper structural inequalities
that affect economic opportunity, education, and healthcare access. The ramifications radiate
across communities, impacting families, prolonging poverty cycles, and straining law
enforcement-community relations. Failure to address these injustices jeopardizes human rights
and civil freedoms and the economic and social advancement of affected individuals and
communities. A comprehensive approach necessitates legislative changes, community
involvement, and a commitment to eliminating all forms of institutional racism. Improvements in
police training and community policing, for example, may clear the way for further significant
reforms. However, full implementation of racial inequalities policies is required to create a
genuinely fair, equitable, and inclusive criminal justice system. The influence extends outside
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individual lives to cultural, economic, and political areas, focusing the critical need for structural
reform to create a fair and equal future for society.
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Elias, A. (2023). Racism as neglect and denial. Ethnic and Racial Studies, 1-23.
Garland, D. (2023). The current crisis of American criminal justice: A structural analysis. Annual
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Hekkert, C. (2023). It is Payback Time: Improving Texas's Standard for Compensating the
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