Institutional Racism & its Detrimental Effects on the United

States Justice System

Aneisa Babkir

GT Intern Mentor Program

1 May 2019

Mrs. Ireland
Abstract:

The United States of America was built on a racist foundation, fueled by racist ideologies

that were never properly dismissed. As one of the founding fathers and third president, Thomas

Jefferson used his platform and intellectual respect to help cultivate the racial rationales for

enslaving African Americans. In his only major book, Notes on the State of Virginia, Jefferson

asserts that “black Americans are racially inferior to whites in reasoning, imagination, and

beauty”. Creating a nation that is inherently racist allowed the United States to develop while

complexifying its racism and expanding it into its systems and institutions. Fastforward to today,

where the African American “slave” has been transformed into the African American “criminal”.

Through researching various United States systems, specifically the US Justice system, it is clear

that our institutions are producing racially disparate outcomes. From today’s policies that

discriminate based on race, judges and sentencing outcomes, the US war on drugs, to death

penalty statistics, it is clear institutionalized racism in the United States has always been an issue.
Introduction:

Racism was built into the foundations of the United States through policies implemented

by the first government officials of the U.S. While most Americans are familiar with explicit

racism and understand it as irrational hate towards another race, systematic/ institutional racism

is what negatively impacts minority Americans the most. Systematic racism is often more

harmful than explicit racism because it is a form of oppression that affects our laws, schools,

institutions, justice system, media, social systems, culture, etc. This form of racism is clearly

detrimental to the well-being and success of people of color, though it is less understood and

acknowledged by the white majority who unconsciously preserve this racism through their

complacency. Institutional racism is not a feature of a few institutions- it is imbedded into the

social, political, and economic systems of all United States systems. While there has been

research done on this topic, it has yet to draw the attention of the majority public. To properly

dismantle the system of systematic racism, we as a nation must collectively acknowledge the

issue to begin working on recovering the system.

Review of Literature:

Institutional racism is often confused for the intentional and direct racism of those in

power. That is nearly the opposite of what institutional/ systemic racism is. It is the “systems and

institutions that produce racially disparate outcomes, regardless of the intentions of those who

work in the system” (Antoinette). This means that, though individuals working in government or

societal institutions may not have racist intentions, the systems in place reflect overwhelming

racial bias. The United States criminal justice system is a powerful reflection of institutional

racism. Institutional racism occurs in policies, institutions, ideas, and behaviors of society that

allow white people power, rights, resources, and advantages while denying them to people of
color, especially Black people. Combating institutional racism will require society to be educated

on the reality, continuity, and constant systemic racism that occurs in the United States and how

black Americans (and other people of color) are being severely impacted. The purpose of this

paper is to inform the reader on the different institutions and societal aspects impacted by

systemic racism, such as; the United States’ “War on Drugs”, the United States’ death penalty

laws, bail and pretrial detentions, and the power of institutional racism.

An interview with the honorable Judge Zwaig of the Howard County District Court, and

a former federal public defender, provided insight into a federal level court system that worked

against minorities and people of color. The interview focused on the racist history of the United

States regarding the drug epidemic, specifically during the period of President Regan’s War on

drugs policy. President Regan allowed for harsher penalties for crack cocaine- a form of cocaine

used more by black people. In contrast to powdered cocaine- used mostly by white people-

which only prompted a 5-year sentence. Judge Zwaig explained that as a nation the government

and society only started to care about the cocaine epidemic when it started impacting white

communities. The government only acted against the opioid crisis when white people started to

be negatively affected. He explained that in the eyes of the government, it was viewed positively

when black people were dying from cocaine overdoses as they were “killing off each other”, but

when white lives started to also die from cocaine, the government finally took action against it

and declared it a crisis. He emphasized that when the government began the War on Drugs all

races were using drugs at the relatively same rate, but black people were being punished for their

use of illegal drugs far more than any other race.

A report published in 1990 by the Sentencing Project discusses the statistics of racial

disparities in the U.S. justice system. It highlights the drastic racial disparities in the US criminal
justice system. The report included statistics such as; 23% of African- American men are under

criminal justice supervision (not limited to being in prison). The Sentencing Project then

conducted a study and reported on the same racial issues 5 years later in 1995 in hopes of seeing

positive changes in the U.S. justice system. This (new) report employs that the factors

contributing to the high rates of racial disparities in the criminal justice system have remained

unchanged or worsened in the 5-year period. The report discusses the “US War on Drugs”,

explaining that the intentions behind it were corrupt political goals- disenfranchising black

voters. The report also discussed the impact of the “US War on Drugs” on the Black female

population. During the “US War on Drugs” the number of African- American females in US

prisons grew by 278% (the number of black males grew 186%) just in this 5-year period. This

increase was more than any other demographic. The statistics provided by the Sentencing Project

corroborate the claims made by Judge Zwaig.

Death penalty laws in the United States have continously been a debatable topic. The

Opinion Front scholarly article focuses on extreme racial inequality in the criminal justice

system. The article compares the US criminal justice system to “institutionalized genocide”

(OpinionFront). The author explains that the term “institutional genocide” is not an

exaggeration, but accurate in accordance with the international definition of genocide; with it he

is describing the US’s criminal punishment system and the detrimental impact it has on Black

communities. The article discusses the creation of the international genocide policies and

definition, then explains how the US’s treatment of Black people falls under the category of

genocide. For example, institutionalized genocide is “the aggregate impact of discriminatory

treatment of a community”, this is reflected in the US through the laws, policies, and practices

that restrict Black people from the equal privileges of white people. The article discusses how

aspects of the US’s treatment clearly reflects a genocide, for instance, racially biased executions
(OpinionFront). Extrajudicial killings against African- Americans have been occurring for

hundreds of years- through lynching or police brutality. The article also references a US General

Accounting Office study, which found that those who murder Whites are more likely to be given

the death penalty than those who murder Blacks (OpinionFront). This article describes a clear

linkage between institutional racism and the United States’ death penalty laws.

A lesser disscussed, but equally problamatic, outcome of institutionalized racism includes

bail and pretrial detentions. Author Ashley Hackett discusses the racial disparities in the United

States’ criminal justice system. Her article lists multiple sources, such as the United Nations and

The Sentencing Project, to back up its claims. The article provides statistics that confirm its

findings. According to the article, “African Americans comprised 27 percent of all individuals

arrested in the U.S… double their share of the population” (Hackett). The author credits the

racial disparity to unequal levels of police contact towards African Americans (Hackett).

An article describing high levels of police contact with African Americans living in

Baltimore, MD emphasizes Ashley Hacketts claims. this article discusses the Baltimore (MD)

Police Department’s systemic racism towards Black Americans. Investigation into this

department has provided evidence that their Police department is running unconstitutionally and

disproportionally impacting the Black community. The evidence provided includes an email with

a template of a trespassing arrest form, with most of the blanks filled out including the race

section, where it was marked “black male” (Board). This template supports the statistics that

show patrol officers routinely use this type of arrest to harass and detain black males. The U.S

wide statistics that Hackett discussed are clearly relevant at every level of the U.S police system,

as they are seen in the local Baltimore arrest statistics.

 Author Sarah Gonzalez discusses the racial disparities in minors being tried as adults and

provides statistics to back up her claims. She uses the state of New Jersey’s statistics because of

their thorough research on the topic. According to the author, the New Jersey prosecutor

requested that 1,251 minors be tried as adults (Gonzalez). Of those minors 849 were Black and

247 were Hispanic, leaving only 139 to be White, 5 Asian, 1 Native American, and 10

unknowns. Clearly, black minors are being tried as adults more than any other race when there is

no difference in the crime. The article also references a specific prosecutor- a prosecutor in

Hunderton County who has not requested a minor be tried as an adult in the past five years

(Gonzalez). The juvenile demographic of this county is 80% white (Gonzalez). This begs the

question- are prosecuters only tempted to try minors as adults when the defendant is black? The

United States has a long history of forcing black children to grow up quickly and portraying

them as older. This bias is seen through news shows referring to black children as “man” and

“woman” when they are merely children. The article emphasizes that the only difference of these

minors and their crimes are their race.

Author Zoe Erler, writes an article supporting Gonzalez’s claims. Erler’s article

also focuses on racial inequality in the juvenile system. The article explains that, commonly,

when a person under the age of 18 commits a crime deemed serious- enough, a prosecutor will

ask the court to try that person as an adult (Erler). The article provides statistics that show almost

90% of minors that prosecutors requested be tried as an adult were black or Hispanic minors, and

of that number over half were granted by a judge to be tried as an adult (Erler). The article

explains that Caucasian minors committed the same waivable crimes as their black counterparts

but not nearly as many requests were placed for them to be tried as adults (Erler). Alike to

Gonzalez’s claim, the only difference between these juveniles’ their race. The article emphasizes

the detrimental consequences of minors being tried as adults. Minors tried as adults face harsher
sentences, are sent to adult prisons where they will face countless terrors and will have their

record stained with a childhood offense. For mainly black and Hispanic minors to be faced with

this burden is an injustice of the juvenile justice system.

The power of institutional racism is evident through social norms/ beliefs, both federal

and local policies, and those in power continuing to enforce systemic racism.

Michelle Alexander, a civil rights activist and scholar, discusses the social issues

regarding race in the US and how it impacts the justice system, in her book “the new Jim

Crow”. Alexander is attempting to expose the United States’ legal system for its systemic racism,

discrimination, and mass incarceration of black people. Michelle Alexander claims that the

United States’ “criminal injustice system” is creating a race class caste system. This caste system

is an attack against poor, minority families, trapping them in a cycle of

vicious poverty. Alexander lists specific policies that reflect this caste system, such as

Ohio’s strict laws that make it difficult to get a job after being convicted of a felony. Alexander

explains that once these people get out of prison they find themselves unable to get legal

employment, housing, or food. Because people cannot provide for themselves or family they are

forced once again to return to illegal activities to survive, which will end with people returning to

prison (Alexander). Once again, the impact of systemic racism is evident in the criminal justice

system.

Power is evident through an entry by Shawn Benjamin, in which he focuses on the

development of institutional racism in the United States. He begins by explaining that the social

hierarchy- which legally created the idea that black people are inferior to white people-

developed in the 16th century (Benjamin). He explains that white people were given many

privileges in economics, politics, education, etc. He also explains the idea of a “psychological
wage of whiteness” in society that degraded black people, and even allowed for poor white

people to be labeled as “above” blacks (Benjamin). The author states that, although the Civil

War occurred, it did not change the perception that blacks are inferior to whites. Therefore, black

people continued to be disenfranchised in housing, voting, etc. The journal entry also explains

that after World War II, the policies and benefits such as the G.I. Bill were only granted to

whites (Benjamin) . This happened through the strategic discharge of African American men

right before the war ended, so that they would not have access to the veteran benefits. Black

people were also discriminated through mortgage and college loans. The US Department of

Veteran Affairs “systematically denied black veterans equal access”, this prevented them from

entering the growing middle class (Benjamin). The author explains that the Civil Rights

Movement resulted in white government officials and business owners creating new ways to

discriminate against black people, reflecting clear evidence of an abuse of power against Black

Americans.

Writer, Nicki Lisa, discusses the power of institutional racism through a sociological

approach to defining systemic racism. She claims that systemic racism is both a theoretical

concept and reality. She states that as a theory, “it is premised on the research-supported claim

that the United States was founded as a racist society” (Lisa). This means that racism is

embedded in all the United States’ institutions and social relations. Cole claims the reality of

systemic racism is composed of intersecting and codependent institutions, policies, and

behaviors that give an unjust amount of privilege (power, rights, resources) to white people while

denying them to people of color. She also elaborates on the cost and burdens of systemic racism.

This includes: limited income and wealth potential, shorter life spans, impacted family structure

due to mass incarceration, limited access to educational resources, voter oppression which results
in limited political participation, the psychological burden of being viewed as “less than”, etc.

Lisa’s psychological approach supports Shawn Benjamin’s social hierarchy of race theory.

Research and Data Collection:

Interviews
Questions
1. What does your experience in law entail? Were you previously an administrative law

judge? Prosecutor?

2. What experience with criminal law and the criminal court system (MD or Federal) do you

have?

3. Which form of racism do you believe is more detrimental to minorities, especially people

of African American descent: explicit or institutional racism? And how so?

4. What do you know about institutional/ systemic racism?

5. Are you conscious of institutional racism being a serious issue in our society? (Regarding

all aspects it, such as the education and healthcare system)

6. Any specific instances where you have seen or participated in the systemic racism of the

MD or Federal court system?

7. Do you consider systemic racism a prominent Howard County District Court issue?

8. Do you believe you are actively fighting against institutionalized racism? Explain.

9. Is institutional racism a greater problem in other aspects of society?

10. Do you have anything on this topic or related you would like to expand on? Perhaps an

experience? Solution?
 Chart:
Answers are of various anonymous members of the Howard County community.
Answers are colored by row based on similar response; full responses are transcribed below
chart.
Interview #1 Interview #2 Interview #3 Interview #4 Interview #5
District Court District Court Adult College High School
Judge Judge Sophomore Senior
Q #1 My I was... No N/A N/A
experience...
Q #2 I’ve served I’ve tried... No N/A N/A
as...
Q #3 Both... Both... Explicit... Institutional... Explicit...
Q #4 Particularly... I’m not Not much?... Its embedded I don’t know
aware of into... that much
any... about it
Q #5 I can’t say.. I think... The law... Yes... Although...
Q #6 Yes... N/A No. N/A N/A
Q #7 I’ve.. I don’t Probably not, I would I don’t think I
know... Howard assume so. know enough
County is about
pretty diverse Howard
County’s
district court
Q #8 I have... By not... No. I could... No...
Q #9 Yes... Perhaps... Really not I don’t... I don’t know.
sure.
Q #10 Not off... Nothing else No I think We really I don’t know
comes to that’s all. just need to... a lot about
mind. it...

Transcripts of all Interviews:

Interview #1: District Court Judge:
Q1: My experience goes back to 1984 when I graduated from law school. More particularly I
worked in the public defender’s office. I also did three years in the Judge Advocate General Corp
and served as a prosecutor and defense counsel. I worked as a private attorney. I served as an
officer in the JAG Corp,
Q2: I served as an administrative law judge for 19 years and now I am a district court judge in
Howard County.
Q3: I think that there's probably in certain circumstances a little bit of both. There's always the
concern for all judges if there's some bias or racism in courts, and the important thing is to
recognize that everyone holds some bias. Weve found in MD courts that a number of our judges
have sentences African Americans or minorities much harsher for the same crimes than they do
whites. So clearly there's that problem with explicit racism but it's also institutional racism that
puts minorities in these situations.
Q4: Particularly as an African American it's something that you can't escape. As a judge I get to
see how it works in reality. For example, there's cases sometimes that I can't necessarily put my
finger on it, but I get the feel that an African American defendant is not getting the same
treatment or deal as a white defendant.
Q5: I can't say I’m conscious of it in all of society but yes, I'm aware of how it impacts me and
my family
Q6: Yes, I remember as a young attorney seeing African Americans going before a court on a
simple theft charge and being sentenced to time in prison and then turn around and see white
individuals who had good jobs and were stealing from their employers thousands and thousands
of dollars and they got probation. How do you square that? That is racism, in Maryland.
Q7: I’ve always said that the US has one of the best legal systems in place, but it’s the people
that work in the system that must be looked into deeper and how they apply their power
Q8: I have the power and authority to make a change, and I will if I see there is something to act
against.
Q9: Yes, I think we see it in voting, housing, employment, it cuts across every aspect in society.
I can’t say it's worse in one area over the other.
Q10: Not off the top of my head, no. I’d have to think about that.

Interview #2: District Court Judge:

Q1: I was an assistant Attorney general and also had a private practice in mostly civil law.
Q2: I’ve tried federal cases, state court cases, limited appellate cases.
Q3: I think both of them are equally bad, you can’t say one is better than the other [chuckles].
Q4: I’m not aware of any laws that are set up to hurt minorities. Everyone has an implicit bias
against someone and that would fall under explicit racism.
Q5: I think a lot of the disparities is as a result of socio economic status. So Institutional racism
is to a degree but I think socioeconomics is more of it.
Q6: N/A
Q7: I don’t know. I don’t think so, I can’t speak much on that. As far as I know, it is not.
Q8: By not contributing to it perhaps. I don’t see anything to fight against in my jurisdiction.
Q9: Perhaps it is as I don’t see it being the greatest issue in laws and policies.
Q10: Nothing comes to mind.

Interview #3: MD Adult:

Q1: No.
Q2: No.
Q3: Explicit; people are getting violently brutalized by the police, KKK groups, etc.
Q4: Not much? Is it people in government being racist?
Q5: The law is fair but there are probably racist people working and not following it correctly.
Q6: No.
Q7: Probably not, Howard County is pretty diverse.
Q8: No.
Q9: Really not sure.
Q10: No, I think that’s all.

Interview #4: College Sophomore:

Q1: N/A
Q2: N/A
Q3: Institutional. The racist systems currently in place has a greater reach than racist individuals.
Q4: Its embedded into the foundation of almost all US policies and laws.
Q5: Yes, you don’t even need to look that hard into US policies and laws to realize how blatantly
racist it is! This goes beyond government too.
Q6: N/A
Q7: I would assume so.
Q8: I could definitely be doing more but I do try to spread information on this topic through
outlets like Twitter and Instagram.
Q9: I don’t want to say its more hurtful in one area over another, but I do think that when its
occurring in the US prison system its impact is enormous. Or when its occurring in child birth
instances, leaving black women dying from childbirth 3-4 times more often than white moms. So
yea I do think dying moms is a huge problem.
Q10: We really just need to start taking legislative action and educating the public on these scary
truths.

Interview #5: High School Senior:

Q1: N/A
Q2: N/A
Q3: Explicit because people often pay attention to things that they don’t have to think about as
much so if its blunt and obvious people are more likely to take it in and be impacted by it.
Q4: I don’t know that much about it
Q5: Although I don’t know much about institutional racism, I am aware that it is a major issue in
today’s society and that people should be more aware of it.
Q6: N/A
Q7: I don’t think I know enough about Howard County’s district court
Q8: No I’m not actively fighting it it, if I was more educated on the subject I would take more
action.
Q9: I don’t know
Q10: I don’t know a lot about it nor do I have any direct experience with it, but I do think it
would be beneficial for society to become more educated on the subject in order to take action
against it.
Analysis:
The interviews included various members of the Howard County, Maryland community.

Two interviews were of Maryland District Court Judges, one of a Howard County resident

(adult), a university student, and a high school student. The various people interviewed were

chosen to reflect the different members of our society. My research topic of institutional racism

and its detrimental effects on minorities, impacts all members of society so it was crucial to

interview people of various backgrounds and areas in society. Overall, most people were not

very knowledgeable on this topic. I was surprised to learn that one of the judges interviewed (#2)

was unfamiliar with the system of institutional racism in the US and particularly in Maryland.

Interviewee #4, the college student, impressed me with their knowledge and passion on this

topic. The high school student (#5) did not know much about institutional racism but was very

willing to learn more and realized the extent of this problem in the US. The high schooler

interviewed can be an accurate representation of most high schoolers, as they are not formally

taught this in school but learn it through other educational outlets and experiences.

Conclusion:

Institutional racism clearly poses an urgent and severe threat to black people and people

of color. Institutional racism is embedded into every level of the United States’ social, political,

and economic institutions. Systemic racism is even more prevalent in the United States’ justice

system, where Black people face longer sentences/ harsher punishments, increased scrutiny from

law enforcement, and bad media portrayal. Systemic racism continues in the United States

because of society’s lack of understanding of the racist systems and the ignorance of those who
are benefitting from it, therefore unknowingly contributing to it. A realistic solution to

combatting institutional/ systemic racism is attempting to educate the public on it and its

horrifying consequences.
 Work Cited

Alexander, Michelle. “The New Jim Crow: Mass Incarceration and Institutional

Racism.” UUA.org, Memoirs of Margaret Fuller Ossoli (1852), Vol. I, p. 132., 28 May

2015, www.uua.org/multiculturalism/ga/new-jim-crow.

Antoinette. “Exposing Bias: Race and Racism in America.” Harvard Professional Development |

Harvard DCE, Harvard Continuing Education, 20 Apr.

2017, www.extension.harvard.edu/inside-extension/exposing-bias-race-racism-america.

Babkir, Aneisa. “Discussion with Judge Zwaig.” 4 Dec. 2018.

Benjamin, Shawn. “The Core Journal, Issue 21 » Core Curriculum | Boston University.” Family

and Medical Leave Act (FMLA) | Human Resources.

Boegel, Ellen. “Racism Makes a Criminal Justice System Reform Impossible.” America

Magazine, 17 May 2018, www.americamagazine.org/politics-society/2018/05/17/racism-

makes-criminal-justice-system-reform-impossible.

Board, Editorial. “The Systemic Racism in Baltimore's Police Force.” The Washington Post, WP
Company, 10 Aug. 2016, www.washingtonpost.com/opinions/the-systemic-racism-in-
baltimores-police-force/2016/08/10/86ce448a-5f3f-11e6-9d2f-
b1a3564181a1_story.html?utm_term=.63ba2b64de5e.

Cole, Nicki Lisa. “Understanding Systemic Racism.” Thoughtco., Dotdash, 1 June 2018,

www.thoughtco.com/systemic-racism-3026565.
Drayton, Tiffanie. “White People Need to Confront Systemic Racism, Not 'Alt-Right'

Extremists.” The Daily Dot, 17 Feb. 2018, www.dailydot.com/irl/white-people-systemic-

racism/.

Erler, Zoe. “Is Racism a Factor in Juvenile Justice Disparities?” Prison Fellowship, 11 May

2017, www.prisonfellowship.org/2016/10/racism-factor-juvenile-justice-disparities/.

Freeman, Jo. “Institutional Discrimination.” Institutional Discrimination, 1970,

www.jofreeman.com/womensociety/institidiscrim.htm.

Gonzalez, Sarah. “Kids in Prison: Getting Tried as An Adult Depends on Skin Color | WNYC |

New York Public Radio, Podcasts, Live Streaming Radio, News.” WNYC, 10 Oct. 2016,

www.wnyc.org/story/black-kids-more-likely-be-tried-adults-cant-be-explained/.

Hackett, Ashley. “A Report to the U.N. Reveals Deep Racial Disparities in America's Criminal

Justice System.” Pacific Standard, Pacific Standard, 23 Apr. 2018, psmag.com/social-

justice/a-report-to-the-un-reveals-deep-racial-disparities-in-american-criminal-justice-

system.

Hetey, Rebecca. “Your Gateway to World-Class Research Journals.” Journal of Research in

Crime and Delinquency, May 2018, journals.sagepub.com/.

Huling, Tracy, and Marc Mauer. Young Black Americans And the Criminal Justice System: Five

Years Later. The Sentencing Project, 1995, pp. 1–36, Young Black Americans And the

Criminal Justice System: Five Years Later.

Jones, Rick. “Confronting Systemic Racism in the Criminal Justice System: We All Have a Duty

to Act.” Medium, Medium, 3 Oct. 2017, medium.com/@NACDL/confronting-systemic-

racism-in-the-criminal-justice-system-we-all-have-a-duty-to-act-981709bff608.

McElwee, Sean. “The Hidden Racism of Young White Americans.” PBS, Public Broadcasting

Service, 24 Mar. 2015, www.pbs.org/newshour/nation/americas-racism-problem-far-

complicated-think.

“The Issue of Institutional Discrimination with a Few Examples.” OpinionFront, OpinionFront,

21 Dec. 2017, opinionfront.com/examples-of-institutional-discrimination.