10.8: Policing, Prosecution, and Sentencing- Racial Disparities in Legal Processing

Racial disparities in the criminal legal system begin with policing practices that disproportionately target communities of color. Racial profiling—the use of race or ethnicity as grounds for suspicion in law enforcement—represents a persistent form of discrimination that affects everything from routine traffic stops to counterterrorism initiatives. Research consistently demonstrates that African American and Latino drivers are more likely to be stopped, searched, and subjected to force during police encounters, despite being less likely to be found with contraband than White drivers.

A 2020 analysis found that while White and Black people reported using illicit drugs at similar rates (approximately 22.5% for both groups), Black people accounted for 25% of drug possession arrests despite comprising only about 14% of the population (Pew Research Center 2023). This discrepancy between drug use and drug enforcement highlights how policing priorities and practices, rather than differential behavior, drive racial disparities in drug arrests. Furthermore, research indicates that Black and Latino individuals are more likely to be arrested for offenses that are subject to greater police discretion, such as disorderly conduct and loitering, while White individuals are more likely to be arrested for less discretionary offenses like driving under the influence (Prison Policy Initiative. n.d.).