Ethnicity, racism & the criminal justice system

Question 1

Policing

Answer 1

Since the 1970s there have been many allegations of oppressive policing of minority ethnic communities which includes mass stop & search operations. Police can use this stop & search power if they have ‘reasonable suspicion’ of wrongdoing.

In 2020/21, 43% of all stop and searches (where ethnicity is known) were conducted in London, involving a higher proportion of persons from minority ethnic groups when compared to the rest of England and Wales. There was a decrease in the proportion of stop and searches conducted on Black individuals in London, from 36% in 2016/17 to 32% in 2020/21.

It is worth noting that only a small proportion of stop & searches result in arrest which is significant as it implies the process is used for other purposes such as making the power of the police known to local communities. Bowling & Philips use these statistics to argue that the use of powers against black people reveals discrimination

Statistics show that Asians are over 3 times more likely to be stopped & searched under the Terrorism Act. This can all lead ethnic minority communities to feel over-policed & under-protected, and to have limited faith in the police.

Question 2

Explaining stop & search patterns

Answer 2

1. Police racism: The Macpherson Report (1999) on the police investigation of the racist murder of the black teenager Stephen Lawrence concluded that there was institutional racism within the
   Metropolitan Police. Others have found deeply ingrained racist attitudes among individual officers. E.g. Phillips & Bowling point out that many officers hold negative stereotypes about ethnic minorities as criminals, leading to deliberate targeting for stop & search. Such stereotypes are endorsed & upheld by the ‘canteen culture’ (a culture characterised by racist & sexist attitudes) of rank & file officers.
2. Ethnic differences in offending: An alternative explanation is that patterns simply reflect the possibility that some ethnic groups are more likely to offend (e.g. due to socio-economic factors such as poverty), & that police are acting on relevant information about specific offences.
3. Demographic factors: Ethnic minorities are over-represented in the population groups who are most likely to be stopped, such as the young, the unemployed, manual workers & urban dwellers. These groups are all more likely to be stopped, regardless of their ethnicity, but they are also groups who have a higher proportion of ethnic minorities in them, & so minorities get stopped more. In support of this, Waddington et al (2004) found this demographic explanation to be the factor that shaped stop & search policies of the police rather than racial discrimination.

Question 3

Arrests & cautions

Answer 3

In 2020/21, two thirds (66%) of children arrested in London were from minority ethnic groups, compared to 20% of children arrested in the rest of England and Wales. Similarly, just over half (53%) of adults arrested in London were from minority ethnic groups, compared to 15% of adults arrested in the rest of England and Wales.

However, this may be due to the fact that minorities are more likely to deny the offence, perhaps due to a more negative relationship with the police – & by not admitting to it, a person cannot receive a caution & are more likely to be charged.

Question 4

Prosecution

Answer 4

The Crown Prosecution Service (CPS) is the body responsible for deciding whether a case brought by the police should be prosecuted in court (is there a realistic prospect of conviction & would prosecution be in the public interest).

Studies suggest that the CPS is more likely to drop cases against ethnic minorities. Bowling & Phillips (2002) argue that this may be because the evidence presented to the CPS by the police is often weaker & based on stereotyping of ethnic minorities as criminals.

Question 5

Sentencing

Answer 5

Jail sentences are given to a greater proportion of black offenders than white or Asian offenders. Black people are 5 times more likely to be in prison than whites. Black & Asian prisoners are more likely to be serving longer sentences. Also, when awaiting trial, ethnic minorities are less likely to be granted bail.