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Revised Final Thesis - Amira Aquarian 2
Revised Final Thesis - Amira Aquarian 2
Amira Aquarian
Abstract
Racial inequality in all aspects of our criminal justice system is deeply rooted in our
history. These disparities are widespread, well-researched and documented in many ways. This
includes, but is not limited to, social psychology, sociology, criminology, public health, and
political science. This thesis starts by laying out the history behind the creation and formation of
our current U.S police system, using it as a leading path to how we got to where we are today.
There are a multitude of rooted factors behind the racial bias and discrimination in our policing.
The thesis concludes by proposing a selection of solutions that we should dedicate time, money
and resources to implementing throughout the U.S police forces. These include: a regular use of
BWC, practicing truth and reconciliation, reforming the police by training and screening for
implicit and racial bias, offering context to the public, and passing new policies to equalize our
system.
U.S society is one in which it was never a question of crime but rather one of color
(Hamilton). A person is very rarely judged on the content of their character, and judged on the
harsh scale of stereotypes in our noncolorblind world. Since the first days that the Europeans
claimed the “New World'' as theirs, Black, Brown, and Indigenous people have felt the wrath of
systemic violence. The killings of Geroge Floyd and many others in the Black community of
America around the time of spring 2020 violently reminded our nation, and the world, that
racism is still alive. Black Lives Matter (BLM) protests grew rapidly and quickly became one of
the largest political movements in America. 10% of our country's population attended these
protests throughout all 50 states. These protests were effective at changing public opinion on
racism, as well as recent polls show 76% of all Americans now view racism as a “big problem”,
compared to only 50% in 2015 (Souli). With the depth of division within our country finally
coming to light, there is a nationwide call for change (Souli). However, we will require more than
a check, a “Black Lives Matter'' protest sign, slogans, and marches to overcome the historical and
Equality is a right for all American citizens that should be honored no matter the
complexion of one’s skin. The discrimination that is deeply rooted in our system has created
distrust and divide in this country. Living in a society where inequality exists has countless
negative effects on all parties. As shown in Part 2, racism has countless damaging social,
environmental and economic effects on all citizens, regardless of race or ethnicity. However,
people of color certainly bear the brunt of these forces. The United States has the resources to
2
Perhaps the most immediate impact that would cultivate significant change would be
within our criminal justice system, also known as the Prison-Industrial Complex. There are
endless amounts of inequality and injustices that run through the entirety of this system, but this
paper will focus on our police’s history and ways in which we have and need to continue to refine
the inner workings of the police system. Specifically, the most effective way to ensure racial
equality in the U.S police system is to increase training and resources around implicit and racial
bias in order to reduce the negative effects of racial bias. Additionally, police need to incorporate
regular use of body-worn cameras as well as work with the media to offer context about this
issue to the public. We also need a society wide approach to a regular practice of truth and
reconciliation.
The tension between the U.S. police and black communities that we see today is not a
new issue. The roots of racism were birthed and developed within our country’s police system
and are historically traced back to a multitude of conditions including the slavery era, Black
Codes and Jim Crow Laws, and how the police were formed.
A note on terminology:
Throughout this paper, the author will use the terms Black and African American
interchangeably. It is believed by some that solely using African American is too limited for
our current population. Although the numbers are diminishing in our country, descendants of
slaves were referred to as African Americans. This term allows the origins and history in the
African and American content to be recognized. We now have more Black people than African
Americans, but it is important to include both identities (Broaddus).
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Part 2.1 - Slavery Era: Police Slave Patrols
In the early 1700s, two of the more daunting building blocks of early policing arose in the
form of slave patrols and night watches (Walker). A platoon made up of white volunteers took
liberty to enforce slave related laws and control the institution of slavery and minorities by using
vigilante tactics in every state that had yet to abolish slavery. These patrols were used to maintain
economic order as well as recover and punish escaped “property” of the wealthy landowners.
They were protected and encouraged to do this by the Fugitive Slave Laws that Congress had
passed in 1793 and 1850. There is a long list of historical events like forceful home entries on
account of suspicions of sheltered escaped slaves, lynch mobs prioritizing the hanging of
minorities before asking questions and the mistreatment of people of color, all of which led to the
progression of racism in our system and lent a hand in the creation and support of the Ku Klux
Klan (KKK) (Kappeler). Starting in the 1860s, this famous group of vigilante Americans were
known for the act of assaulting and lynching Black men for any petty infractions that wouldn’t be
considered a crime had a White man commited them. Although Congress prohibited “state actors
from violating the Civil Rights of all citizens'' (par.3) by passing the Ku Klux Klan Act in 1871
(Kappeler), the de facto racial and ethnic abuse continued to persist into the 1960s. This
disastrous legacy has a deeply rooted presence in the police force as seen in the fact that even
after the 1964 Civil Rights Act, Blacks continue to be heavily targeted and treated unfairly.
One of the most common ways in which Blacks are seen to be singled out reveals itself in
the form of police harassment. When it comes to police harassment, there are different levels of
cases. In some cases, Blacks were simply stopped and questioned more often than other races,
but other cases had more extreme outcomes including beatings and murders at the hands of white
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police. Connie Hassett-Walker, an Assistant Professor of Justice Studies and Sociology at
Norwich University asserts her stance on the factors that have caused police corruption and
violence as she writes, “In my opinion, these factors – controlling disorder, lack of adequate
police training, lack of nonwhite officers and slave patrol origins – are among the forerunners of
modern-day police brutality against African Americans” (par.13). When investigating the logic
behind this specific form of injustice, it is important to gain an understanding of our history with
the origin of Black Codes and Jim Crow Laws as it serves as one of the building blocks of our
While the slave patrols were legally prohibited in 1865 after the Civil War, Black Codes
served as a new way to put in place restrictive laws that continued to limit African Americans’
freedom. Although Black Codes existed pre Civil War, southern state governments heavily
enacted them post Civil War. They functioned as a way to ensure African Americans as cheap
labor, when and where they were allowed to work, their voting rights, and how and where they
could travel and live (Walker). These codes often required yearly labor contracts to be signed by
Black people, and if refusals arose, the risk of arrests, fines and unpaid labor were increased.
Thankfully, Congress passed the 14th Amendment in 1868 making Black Codes illegal.
This allowed equal protection through the Constitution for previously enslaved Blacks. However,
it wasn’t long until this shield of African American rights was once again dismantled about 20
years later when the Jim Crow Laws surfaced. These laws legalized racial segregation through a
multide of state and local statutes and lasted from post Civil War until1968, about 100 years.
This included the mandation of separation in public spaces, namely schools, libraries, water
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fountains, parks, restaurants, theaters, waiting rooms in bus and train stations, restrooms,
elevators, building entrances, cemeteries, public pools, phone booths, hospitals, jails, etc. Whilst
being spread across the country, police enforced an abundance of these laws, and if Black men
and women violated said laws, they would endure extreme police brutality.
the ramifications for White crimes against Blacks vs. White crimes in general. In “The Racist
Roots of American Policing: From Slave Patrols to Traffic Stops'', Walker notes the difference in
punishment, or lack thereof, when crimes are committed towards Blacks by Whites: “[...]the
authorities didn’t punish the perpetrators when African Americans were lynched. Nor did the
judicial system hold the police accountable for failing to intervene when black people were being
murdered by mobs'' (par.18). The blunt indifference around these specific injustices displayed by
the judicial system lends itself to curious insight into how the police force itself was formed.
As a modern institution in 1829, the police formed under the jurisdiction of Sir Robert
Peel in Metropolitan London. Prior to the “New Police”, the military was used to put an end to
considerable disturbances. With the goal being to avoid any association or similarities to the
military, including the color of their uniforms, Peel emphasized that the police were to be using
persuasion to prevent crime, partnered with his desire of keeping physical force as the last resort.
The citizens came to accept the Metropolitan Police due to these standards he set. This model
system was planted into the U.S. in 1838 starting in Boston, with the additional intention of
protecting the wealthier class’s property. It then spread to New York City in 1845, Albany and
Chicago in 1851, New Orleans and Cincinnati in 1852, Philadelphia in 1855, and Newark, NJ
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and Baltimore in 1857. Municipal policing had found its place in every major city in America by
the 1880s (Potter). On account of still wanting to keep the departments civilian-oriented, they
remained unarmed until after the Civil War. The police then gained access to a surfeit of weapons
that they could use (Winright). Tobias Winright, a Professor of Theological and Health Care
ethics at Saint Louis University, acknowledges that although the U.S. police gained these
resources, there were still surrounding departments that remained under the original jurisdiction:
“Not all police in other nations are armed like American Police, and not all recruits are as
system had started using different tactics and reasoning within their work.
Simultaneously, in his article “The History of Policing in the United States, Part 1”, Dr.
Gary Potter, a professor for the EKU School of Justice Studies asks the question, “what was it
about the United States in the 1830s that necessitates the development of local, centralized,
bureaucratic police forces?” (par.7). He explores an answer surrounding the idea that the
collection of small cities and rural hamlets were growing and urbanization was occurring. On
account of that, the informal “Watch” and communal “The Big Stick” (private-for-profit
policing) systems weren’t sufficient for overseeing disorder and controlling the frequent crime
and vice. Yet there was still the lack of evidence showing an increased wave of crime. So if not a
response to crime, what was the police force responding to? Disorder. As many other things
though, it is not that simple of an answer. The definition of order in social and public places
largely depends on who is defining the term. For instance, with the interest at hand being social
control rather than crime control, in the 19th century American cities, the mercantile interests
assisted the development of bureaucratic policing institutions through taxes and political
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influence. The commercial elites were in need of an apparatus that served the purpose of creating
a stable and orderly work force, environment for the conduct of business, as well as the
Our criminal justice system is one with many faults. As long as America dates back as a
country, so does racial inequalities within our country. The profiling and stereotyping of Blacks
can be seen through all sections of the justice system. But it is undeniable that the police system
is riddled with countless injustices as seen in traffic and pedestrian stops, as well as searches. The
collateral consequences that have settled upon targeted individuals and communities, along with
the police response to this issue has hefty roots. This section will argue that redlining, implicit
and explicit bias, shooter bias, and the ways in which the original police system were formed, are
the bonds linking our system to racial inequality. These factors have allowed for minority groups
poisonous yet widespread belief and honoring of white supremacy within our society.
There seems to be two police systems operating in the United States: one for the poor
and/or oftentimes people of color and one for the wealthy and/or white people. Whether it is
conscious or subconscious, our society still tends to see successful and/or wealthy people of
color as if they are less. There are countless blocks and stepping stones put in place that people
of color have to overcome in order to be seen as equals. For example, a rich black man in our
society will oftentimes be subject to the fact that color speaks louder than class. The system
alleges to protect each citizen and honor their constitutional rights, yet in practice, the system
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does otherwise. It is known in social psychology, sociology, public health, criminology, and
political science that many, if not all realms of the police exhibit inequality and the prevalence of
minorities rights (The Sentencing Project). This paper will highlight the disparities shown
through profiling and stereotypes, traffic stops, stop and frisks’ and searches, as well as the police
responses to these situations, and the overarching collateral consequences of crime control.
Section A - Profiling/Stereotypes
specifically targeting a person, based on characteristics such as race or ethncity. The act of
profiling and stereotyping a person can often be unintentional. Yet this does not lessen the impact
of linking together the “blackness” of a person's skin and the concept of crime, violence, threat,
and aggression. It is far simpler to stick with the status quo and mold opinions based on evidence
and statistics that fully support portraying Black men to be more dangerous and more likely to be
If learning that Black men are 6 times more likely than White men to be imprisoned
triggers the stereotype that Blacks are criminals and criminals are Back, then such
justified. Motivated to maintain the status quo, people take evidence of what is (such as
the overrepresentation of Blacks in prison) and justify it as how things should be. (185)
The blind spot within these statistics and evidence arises in the deeper-rooted reasoning
for the higher likelihood that a Black man will be detained simply because of the color of his skin
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While the most recent legal effort to encourage racial profiling was the enactment of The
Patriot Act in October of 2001, which worked to discourage and punish terrorist acts, this issue
dates back to its roots within the desires of white slave-owners to control their “property”
(Staples 32). Our history of Whites viewing Blacks as property has created a foundation of
perceived white power and negative racial profiling of people of color as inferior. Robert Staples,
the author of “White Power, Black Crime, and Racial Profiling” centers his agrument around the
idea that “Racial profiling, then, has endured as a tool of white power, systematically activated
and codified into law, and not merely a collection of individual offenses” (32). He then goes on to
discuss racism being partnered with the majority of the white public and criminal justice system
having the willingness to look past logic and focus on racist accusations.
In alignment with these ideologies, studies have shown that the media articulates the
same mindset. It sends a perpetual shower of images out into the public that conveys the
illustration of black criminals and white victims, resulting in the stereotypes already planted in
people's thinking being reinforced. Media can take many forms including, printed media
(newspapers and magazines), television and social media. Individual’s reasoning for viewing
each media can range from wanting to receive news on what is happening locally, statewide and
nationally to wanting entertainment. Yet, it has been proven that no matter the original purpose
behind media consumption, “it has the power to influence public perception on crime, race, and
fear of crime and the way individuals feel about themselves, others, and the world” (Hatter 1). In
her article “How Crime-Based Media Affect Perceptions of Crime, Race, and Fear of Crime”,
Sharonda Hatter analyzes the data from her study to find common themes from all participants:
“The three crime-based media consumption themes were (a) distrust in police officers and law
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enforcement, (b) injustice and inequality, and (c) fear of governmental control. The four personal
lived experience themes were (a) guilty until proven innocent, (b) protect and serve, (c)
community-police relationships, and (d) discrimination” (88). These themes empower the fiction
that the media portrays to reshape people's orientation and behavior. It perceives images and
messages as reality in our society. These reinforced views of color being connected to crime isn’t
When interracial encounters occur, especially with strangers, the treatment Blacks receive
is oftentimes based on negative assumptions solely because of the way we are programmed to
see Black people within our society. Scripts, roles, and stereotypes are fallen back on instantly,
and the doubts of this Black person's claim to decency and middle class status arise (Ray et al
1034). This raises the question of why one should need to claim innocence when others don’t.
And even more importantly, why that Black man who is a total stranger, is crime-prone or a
criminal until proven otherwise. When found in split-second interactions, why and how should
Section B - Traffic Stops, Police Force, Stop and Frisk, and Searches
There are many effects of split second racial profiling, and some are shown through traffic
stops. The veil of darkness hypothesis is an analysis that highlights the proof that traffic stops are
Black and Hispanic drivers was more likely to occur during daylight than intertwilight
hours, suggesting that officers’ racial biases were more likely to affect their actions when
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However, this issue is not just confined to the state of Connecticut. Data from 20
additional states from 2011-2015 establishes that racial disparities shown in police stops are not
restrained to a small selection of locations (Kovera). Within the population of people who are to
legally drive, Black drivers are stopped more often than White drivers based on their appearance
and for “investigatory stops” instead of “traffic-safety stops” (The Sentencing Project 5). In
addition to being stopped for such minor offenses, being stopped and frisked on a regular basis is
The stop-and-frisk program was used in the New York Police Department to briefly
detain, question and occasionally search suspects for weapons and other contraband. Stop and
Frisk data and reports of unjustified police force are key for providing evidence that police see
through a lens that is not colorblind. Staples has written extensively about a study conducted by
the Center for Constitutional Rights surrounding the statistics of stop and frisks and brutality
[…]more than 80 percent of those stopped and frisked in New York were black or Latino.
Whenever those two groups were stopped, 45 percent were searched compared to 29
percent of whites despite the fact that white suspects were 70 percent more likely than
black suspects to have a weapon. This is mild in comparison to the deaths of an unarmed
black man celebrating on the night of his wedding, another one sitting on a doorstep, a
young black man preparing to attend college, all killed at the hands of police in New York
City(…)Probably the most revealing statistic is, in the same city, twenty black police
officers have been shot by their white colleagues when they were working undercover or
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Moreover, police officers tended to profile suspects differently depending on which
neighborhood they were patrolling or if they fit a certain demographic profile. As stated through
The Sentencing Project research, “[...] while there is a higher black rate of involvement in certain
crimes, white Americans overestimate the proportion of crime committed by blacks and Latinos,
overlook the fact that communities of color are disproportionately victims of crime, and discount
the prevalence of bias in the criminal justice system” (2-3). This along with the statistic of more
than one in four arrested suspects for drug violations being Black, although rates of drug use are
the same throughout race and ethnicity, provides an example where Blacks are profiled as
Even with this information, the highest officials in NYC continued to turn a blind eye to
the exhibition that officers were stopping people in a racially discriminatory manner, until finally,
the NYPD had officially declared their stop-and-frisk policy unconstitutional in 2013 (The
Sentencing Project). From 2003 to 2013, around 100,000 stops were made yearly. Reaching the
highest number yet, of 685,724 stops in 2011, this program finally became a racial profiling
controversy. In 2017, the data indicated that 90% of people stopped were either African
American or Latino. And under further analysis, it was found that 70% of those were later found
innocent (NYPD). Comparatively, “54.1% of the population of New York City in 2010 was
African-American or Latino; however, 74.4% of individuals arrested overall were of those two
racial groups” (NYPD). Data collected about stop-and-frisks shows that Blacks are often more
targeted, yet whites are more likely to produce a result. Therefore, searches of minority groups
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If a police officer has reason to suspect that there is inherent danger, or a weapon is
hidden, some believe that they should be able to conduct searches. This includes patting a
suspect down on the streets, or looking through one's car. The disproportionate rates of innocent
and empty handed blacks pulled over or stopped on the street stands as evidence that officers'
suspicions are often simply based on profiling. If these searches warranted an extreme difference
there would be fruitful reasoning for them, but there is not, so it in turn, is racial bias (Kovera
1142).
Similarly, racial bias along with bad temper, insecure masculinity and other individual
characteristics have been identified factors of why excess force is used by police officers (Peeples
par.10). There are five elements of force that can be used: weapons, weaponless tactics,
restraints, motions, and voice (Garner and Maxwell 35). The following example presents
excessive use of weapons against Blacks compared to Whites, “Based on information from more
than two million 911 calls in two US cities, he concluded that white officers dispatched to Black
neighbourhoods fired their guns five times as often as Black officers dispatched for similar calls
to the same neighbourhoods” (Peeples par. 9). When taking into consideration why there is a
higher chance of police using force against minorities compared to whites, there are multiple
competing hypotheses. Kovera considers the following proposition: “Blacks are more likely than
Whites to live in racially segregated, impoverished neighborhoods with higher crime rates, which
could lead to more aggressive policing in their neighborhoods, Yet, racial disparities in use of
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In some cases the physical location of a suspect or crime can be used as an alibi for
excessive police force. However, this is not always the circumstance. The correlation between
police force and location is a viable argument in some cases, but this same force is demonstrated
in other areas where your location can not be used as an excuse for the excess amount of
differences in racial treatment. Statistics from upstate New York lend a hand in proving that
location can not be used as an excuse for racial disparities in policing: “Hispanics were five times
more likely to be arrested for marijuana possession in New York City than were Whites. Rates of
drug offending, nondrug offending, or residence in neighborhoods in which the police focus on
drug offending did not explain racial disparities in arrests for drug-related offenses'' (Kovera
1144). However, additional experimental studies have shown that there is, yet again, a similar
situation where the risk of an unarmed Black man being shot by mistake is much higher than an
unarmed White man, therefore, introducing the phenomenon of the shooter bias (Kovera 1143).
Kristin Dukes and Kimberly Kahn, in their article “What Social Science Research Says
about Police Violence against Racial and Ethnic Minorities”, examine the impact of “police
personality” surrounding this issue. With the centralization around the right-wing
authoritarianism (RWA) and social dominance orientation (SDO), Dukes and Kahn make a
correlation between these two traits, racial bias, and their relation to force used by police officers.
members when sanctioned by authority figures, and support traditional values endorsed
by authority figures. Relatedly, SDO is the degree to which a person desires to see their
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in-group as dominant over other out-groups, combined with a willingness to endorse
beliefs that support the subjugation of out-groups. (Dukes and Kahn 693)
Dukes and Kahn argue that police officers that present these types of personality traits
have the odds of being more prone to violently targeting racial minorities (693).
While the odds that police with the specific personality traits tending to be more violent
are high, the addition of policing within segregated black communities oftentimes fortify
instances of racial profiling and excessive police force. This combination cultivates an extremely
difficult experience in a variety of ways for those that live in segregated neighborhoods. The
effects of race and poverty disricmination is heavily felt by the population of the poor, young,
and hyper segregated black communities. Smith claims, “for blacks, everyday life achievements
take longer, require more effort, and impose greater financial and psychic costs'' (472).
Unlike imprisoned whites who experience the individual effects, the stigma placed on
incarcerated blacks spread to entire communities. The fear of crime on account of the revolving
door of prison has settled within. This has caused family relations to be detached, a lack of felt
justice from the system, and the sense of social exclusion from things such as schools (Smith).
The Sentencing Project encompassed a similar idea, but with the additional observation
around the difficulties surrounding the reentry into society for people with criminal records.
These obstacles include: securing steady employment, housing, having access to the social safety
net along with federal student aid, and exercising their right to vote. Even with the statistic that
employers are often 50% less likely to call back an applicant who is white and has a history of
incarceration than those without, is it proven in the research conducted by Devah Pager that
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whites who have a criminal record are favored over blacks who do not have any criminal records
(9-10).
These impacts have caused negative consequences on minorities' overall health. There
have been proven links to physical health issues including: hypertensions and increased risk of
cardiovascular disease, in addition to risky behaviors such as smoking and alcohol use. Similarly,
it can also cause higher levels of psychological distress, depression, and overall lower levels of
While the government relies on the police force to take care of problems surrounding
poverty and racism, they have inadvertently become the main source of racial tensions as well as
the governing force behind the ways in which the law is enforced. In other words, they have been
given the power to enforce the law in whichever way they see fit regardless of the inclusivity of
overlook certain crimes in addition to demanding money in return for protection of businesses as
well as taking money and drugs seized from criminal suspects (Staples). Using the example of
Henry Louis Gates Jr., Staples argues that instead of the reasonable expectation for police to
screen for potential bias, the 911 transcript of this scenario proposes that the Cambridge police
did the opposite. Similar to many cases, their initial reactions were to interpret and steer the data
received from the witness to support a thesis of black crime. He then concludes:
Gate’s arrest punctuated the episode in the same way so many of the police brutality and
profiling cases above ended: with police power and excessive force controlling and
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suppressing not an actual crime or threat, but a black man’s resistance to being profiled
and his questioning the judgement of the police. (Staples 37, 38)
As multiple instances have shown, the police force as a whole is almost guaranteed to see
a case involving a black suspect through a tainted lens. A lens that is purposefully blind to the
idea that racial bias is a problem that needs to be addressed within themselves but rather a
Perhaps the most rampant complication that fosters the maltreatment of the Black
community by our policing system can be tied to the blocks that we have built upon. Think of it
this way, when growing a tree, you start not just from the ground up but with its very roots. The
issues that have risen in our current U.S policing system are deeply rooted and have stemmed
from decades upon decades worth of racism and discrimination towards minority communities.
Racism and discrimination serve as the roots of our unjust system and although they have grown
into different branches, they all tie into the same tree trunk. The evidence that racial disparities
not only exist in our system but also carry a significant amount of weight in our society is clear to
Some people might ask if the treatment that Blacks receive is considered fair based on
their supposed high amounts of crime compared to Whites. Evidence can quickly oppose this
argument and prove that the issue is rather one of unequal racial differences in treatment. For
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Data from the Federal Bureau of Investigation demonstrates that the reason for blacks’
higher likelihood of being killed by police is not due to a higher tendency of blacks to
commit crime. First, violent crime has significantly decreased since the 1990s despite
police killings increasing. Second, data shows that blacks, compared to whites, are less
likely to be fighting the police or have a gun at the time they are killed by police. (1034)
This allows us to draw the conclusion that black people aren’t simply more prone to crime.
Similarly, class can also be a factor. Our system focuses on imprisoning the poor and powerless.
The difference in who goes to jail and who doesn’t because of petty crime such as “littering,
vagrancy, substance abuse, writing a bad check,” etc., sets aside the category of crime and
Our country’s history of redlining, which has played a leading role in residential
segregation in communities, also contradicts the idea that Blacks are more inclined to commit
criminal acts than Whites. Redlining can be described as the decades-long denial to grant people
of color, usually in urban areas, mortgages in order to prevent them from purchasing homes in
certain neighborhoods. It also interfered with their ability to access loans in order to renovate
their house. Once this practice was being backed by the government starting in the 1930s, banks
and mortgage companies often rejected loans from credible askers solely based on race and place
of residency. Black families have lost hundreds of thousands of dollars due to their homes being
redlined (Brooks). Along with the unequal wealth gap, black-white residential segregation also
often blocks black students from receiving the same high-quality education, among other things.
This divide is far from natural, it is the result of public policies working to “subjugate black
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Section B - Implicit and Explicit Bias
Some may debate the true definition of implicit bias, but Kovera characterizes it as “a set
of negative beliefs or associations about a particular racial group that is held without awareness
and would not be consciously endorsed but results in discriminatory behavior” (1151). Even
through the examination about whether implicit bias explains racial disparities better than explicit
bias, it still plays a key role in our history. Explicit bias can be defined as “intentional racial
discrimination based on conscious beliefs that groups should be treared differently” (1151).
Stereotypically, Blacks are associated with the idea of criminality and violent behavior. For
instance, the results received when white judges take the Implicit Association Test point towards
their implicit bias associating the color white with good and black with bad. This in turn has
derived said judges to hand out harsher sentences in studies where words associated with black
were used (Kovera). Similarly, Kovera notes that often people who maintain implicit mindsets,
correlate Blacks with guilt, and if their associations are strong enough, they will decipher unclear
evidence as evidence of guilt. Nonetheless, implicit racial bias is not the cause for all racial
disparities. Kovera refers to the book The New Jim Crow when formulating her argument around
the idea that “racial disparities in incarceration rates are the result of explicit and intentional
policies to focus policing on crimes that are disproportionately committed by Black” (1152). She
also adds that both implicit bias and intentional policing are needed when it comes to racial
disparities in arrests. However, the overall conclusion many have come to is implicit bias is rife
and associated with bias against minority groups, especially African Americans (Staples).
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Section C - Shooter Bias
Shooter bias is a contributing factor to implicit bias. As stated before, it is confirmed that
the chances of a Black person being shot is higher than the chances for a White person. Kovera
introduces this case study focusing on the levels of shooter bias within the participants:
photograph depicted a man holding a gun or an innocuous object like a cell phone or a
wallet. Participants were tasked with pressing a “shoot” button when the man was holding
a gun and pressing a “don’t shoot” button when the man was unarmed. Half the targets
were Black and the other half were White. A meta-analysis of 42 studies investigating
shooter bias confirmed that participants were more likely to shoot unarmed Black than
White men and were more likely to fail to shoot armed White than Black men. Both
Kovera concludes her analysis of this data by stating that this shooter bias found within
the participants is not intentional towards Blacks, it is due to the cultural racial stereotypes that
link Black’s, particularly Black men, with dangerous and aggressive criminal activity. These
biases are not limited towards Blacks. Studies have also shown the same results towards Latinos,
Muslims wearing a turban or hijab, and darker skinned minorities (Dukes and Kahn).
When officers took part in this same activity for the study, it was found that although they
were overall more accurate with their decisions than the civilian participants, they shared a
similarity of shooter bias within their quick responses. But when these officers had additional
conditions such as a high cognitive load and/or less sleep the prior night, they exhibited similar
levels of this bias to the civilians (Kovera). There are proposed solutions, such as trainings to
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decrease these levels, but depending on the conditions officers are facing when on the job, the
As hinted at in Winright’s writing, there will always be some bad apples, but sometimes
we need to consider if the tree itself is deceased (par.11). Where we stand today is because of
how the police system was created, and allowed to continue as such for decades upon decades.
Starting in the beginning of the 1970s and taking place around Chicago's South Side, as
many as 200 black men were tortured by police officers under Jon Burge. After about 20 years of
the continuation of these tortures, Burge was fired in 1993 and later convicted of obstruction of
justice and perjury in 2010. Unlike the victims of this abuse who lost generations of their lives,
Burge only served three and a half years in prison, which is even more than most of the officers
who were involved. Many of them didn’t receive any substantial punishment for their actions
(Hamilton and Foote 400). “Given the racial, socioeconomic, and professional disparities in
status between the police and their suspects, claims by the tortue victim were easy to ignore or
deny'' (Hamilton and Foote 405). This introduces the concept of Deny, Defend, and Deflect that
many departments adopted. Burge and his co-workers used this as a layer of protection that
prevented any backlash from their lawless activities. They were able to label and isolate their
selection of regions as crime-ridden, forming a blanket of deniability for the tortue they inflicted.
They used the fact that no one would believe a claim of police assault made by a profiled
criminal/gangster from the South Side to make it so that most unsustained chargers were from
blacks, and most sustained ones were from whites. Combining all of this, with the added
complications that arise when making a complaint against the police department
22
(...)helped to reinforce what had been termed the “blue wall of silence,” “blue code,” or
“blue shield,” the unwritten conventions among police officers in Chicago and other
departments not to report mistakes, misconduct, crimes, or violence. This means that, if
questioned about such incidents, police officers deny or claim that they were unaware of
Nonetheless, all of these problems built within the structure of our current policing can be
traced back to the original formation of our criminal justice system as well as the Jim Crow Era
where the Court passed laws permitting the practice of disproportional targeting of minorities
(Staples).
Part Ⅳ: Solutions
As Winright states, “it is time to ‘eradicate this Jim Crow system of public safety” and
“policing as we know it’” (par.2). There have been some efforts to battle this cultural and
systemic issue including creating some policies, some funding for body-worn cameras, and a
In some countries, regulations have been put in place within law enforcement agenices to
contest discrimination in the direction of certain races and ethnicities. One representation of this
is the Race Relations Act 2000 that the United Kingdom passed. Dukes and Kahn refer to “The
Guardian” when explaining the hopes behind this Amendment, “It “outlaws race discrimination
in public authority functions not covered by the original Race Relations Act 1976” and “places a
general duty on specificed public authorities to promote race equality”” (694). Similarly, they
23
mention The Victorian Charter of Human Rights and Responsibility Act of 2006 that had made
inequity towards “race, religion, and other characteristics'' illegal (694). Even though we have not
seen total effectiveness with these legislations, their presence has still been absent in the U.S. by
2017. More recently, in the beginning of 2020 the American system had started to move in the
right direction. Louisville passed a new law named after Breonna Taylor. This law banned any
use of no-knock warrants (Winright). In addition, Winright also asserts other reforms that have
(...)banning choke holds, prohibiting racial profiling, establishing citizen police review
boards, providing officers housing credits to live in the neighborhoods where they police,
designating that the state’s attorney general be the one to investigate police shoootings
and reconsidering the legal doctrine of qualified immunity as law and policy. (par.9)
Another resource to reduce racial and ethnic disparities in the structure of our police is
the use of body-worn cameras (BWCs). These were inserted into the system due to recent
protests surrounding police brutality towards minorities, and are hoped to be continued as an
technology and thus is conflicting, Obama has allocated over $20 million since 2015 towards
Staples quickly mentions that the Washington Post reported that “a few police
departments were volunteering to re-examine their protocals to prevent racial profiling” (39).
These are all much needed steps in the right direction to address the problem at hand, but it will
entail community action, time, and resources to make a real and long term difference.
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Some propose defunding the police as a solution, but that is unrealistic and radical. I thus
propose the following solutions: implementing regular use of body-worn cameras on police,
practicing truth and reconciliation/restorative justice, reforming the police, offering context to the
Implementing BWCs is federal and state lawmakers suggested solution that will grant
more transparency throughout police confrontations. The finite research we have surrounding
BWC demonstrates that they can often have two results. They can reduce citizen complaints and
force, but opposing research suggests that even with the additional visibility and transparency
that these cameras provide, this does not mean there will be more accountability. Ray et al.
provide the following example, “the acquittal of the four officers who beat Rodney King, despite
and reframing” (1033). The above research exhibits how complex the relationship between
accountability, transparency, and power status are. Ray makes it a point to highlight the missing
piece from this research, which is the public’s mindset towards BWCs and how effective they
believe them to be. This is very important because their attitudes reflect “power status structures
and intergroups relations,” more specifically, “(...)attitudes about BWC inform relations between
police and various racial groups and illuminate the theoretical distinction between transparency
and accountability and their role in intergroup relations” (1033). Nevertheless, it is expected that
Blacks and Latinos, compared to Whites, will communicate across that they have had less
favorable interactions with police officers. Thus, Blacks and Latinos are bound to be more
favorable towards the use of BWC in hope that they will provide more accountability, protection,
25
and transparency. The argument surrounding BWC’s violating both citizens and officers’ right to
In 2017 a study was conducted with residents in Prince George’s County, Maryland. In
this racially diverse county, 81 interviews were organized around the following 5 sections,
summing up to be 32 questions: interactions with the police, profiling and attire, knowledge
about BWC, privacy and transparency, and demographic background. The findings from these
interviews point us in the obvious direction that racial differences in interactions with the police
exist. Overall, out of all the multi-raced interviewees, every subject expressed having some
positive or neutral interactions with officers. However, compared to whites, non-whites reported
more negative encounters. It was also clearly noted from the study that class did not make a
After extensive analysis on this study, respondents were able to be categorized into two
groups, supporters and skeptics, based on their views around BWC. Both of these groups were
Supporters are classified into two main types-police supporters and citizen supporters.
Police supporters are respondents who think that BWC will highlight how difficult it is to
be a police officer. Citizen supporters are respondents who believe that BWC will provide
more citizen protections by improving transparency and trust. White respondents were
more likely to be police supporters, while nonwhites were more likely to be citizen
supporters. Skeptics also are classified into two types-privacy skeptics and structural
skeptics. Privacy skeptics are respondents who believe that BWC may violate the privacy
of citizens as well as police officers. Structural skeptics are respondents who think that
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BWC will not change policies that systemically disenfranchise racial/ethnic minorities
and maintain power status relations between citizens and the police. (Ray et al. 1041).
A 19-year-old white man who classifies as a police supporter states that he can see BWC
in both ways, a tool for the police as well as protection for the community. I agree with both this
man as well as a 24-year-old black Latina woman who is a citizen supporter who believes that
these cameras will improve relationships between police and citizens. She speaks of the
unbalanced amounts of distrust between the community and police due to a few “bad apples”
who are corrupt and/or bad officers that use their authority and belief that they can get away with
“small things”, which in turn makes the situation worse. A 22-year old Pakistani man first shares
his negative experiences with police where they were “trying to do whatever they want to do”
and “overuse their power”. He claims that if body cameras were in use during these interactions,
it would have helped the situation and they wouldn’t have been able to ask the things they had.
He was then able to confirm his claim by sharing a new experience he had with an officer that
had a BWC on during the interaction. He confirmed that the cops were much nicer and more
pleasant towards him. It was able to be concluded that generally, supporters favored BWC but for
an array of reasons. Both police and citizen supporters value transparency and accountability. But
some conclude that the hardships of policing will become more transparent, whilst others think
that BWC will increasingly form trust between police and citizens (1041-1042).
Privacy skeptics worry that BWC will violate people's privacy, could break certain
constitutional rights, as well as invade police officers' privacy since they would be watched
regularly. One of the identified privacy skeptics also raises the concern that “BWC will make
27
police officers cautious, which he believes can have negative implications for protecting citizens.”
They continue on to note both sides that they see to the argument, “Positives will be,
a lot of the disputes about who did what will be taken care of, because what you see is not a lie;
whatever happened happened. Negative is that the police officers can feel very apprehensive
about doing their jobs or even respond to a serious issue” (1043). Overall, this category of
respondents believe that BWC will both not create as much transparency as citizens desire as
well as that it will not fix everything because everything will not be caught on video.
Oppositely from privacy skeptics, structural skeptics reason that BWC will not alter
existing policies when it comes to force or power dynamics. They use the evidence that even with
incidents that were recorded, BWC did not alter the outcomes in any way, never mind in a
positive fashion. One of the respondents in this category states, “The communities that are
actually being targeted are gonna be able to see through you know, if it’s artificial, if it’s an effort
just for show. I think they’re gonna be able to tell that. If it is actually followed up by real
structural change, or if they do take the videos more seriously… if police you know, take the
footage seriously, then obviously communities would respond well” (1044). Most importantly, it
is highlighted that BWC is one of many parts to policing, and that there must be other changes
within the structure to accompany it as well as alter policies, the criminal justice system, and
power relations (Ray et al). BWC has the potential to create more transparency, but at the same
time not change the accountability structure we have today. Research proves how visibility
minorities. The overall conclusion surrounding BWC is that regardless of their race, people
believe that BWC is a step in the right direction. But to maximize their potential as well as the
28
potential of decreasing racial disparities, we also need to incorporate trainings about implicit
bias, diversity, and community policing to build better relationships between police officers and
Truth and reconciliation is used as a guide to resolving past conflict by recognizing and
revealing the wrongs that have been done. A truth commission, as some may call it, is oriented to
focusing on the past, finding patterns within the events that had occurred, and engaging directly
with the community/group that had been affected by those wrongdoings. This solution, which
has been put into practice in at least 46 countries, had become a very important tool for healing
national divisions. Although it has taken multiple forms, these commissions have lent a hand in
getting societies to at least start moving in the right direction of facing problems where fixing is
needed. It has assisted the acknowledgement and systemic injustices of dictatorship in Argentina,
enthic conflict in the Solomon Islands, genocide in Rwanda, civil war in El Salvador, etc, (Souli
par.3). For example, the post-apartheid South Africa allowed for a huge change in a positive
direction because it granted equal rights to all South Africans disregarding of race. However,
though this advancement provided significant steps towards equality, to this day, South Africa
still struggles with the lasting effects of social inequalities that resulted from decades of the
apartheid (Britannica). This serves as a good example of how we have progressed in the past and
how we can continue to evolve while still acknowledging that due to the stains from our past,
There has been limited action in the United States when it comes to implementing truth
and reconciliation, but District Attorneys from San Francisco, Philadelphia and Boston have
29
joined together. They decided to make the call of creating “truth, justice, and reconciliation
commissions to address the legacies of systemic, racially-based harm caused by police and the
criminal justice system” (Panne par.2). In the city of Asheville, North Carolina, the council
passed a resolution for providing reparations for Black communities. Acknowledgments and
apologies for historical and present racial discrimination and incarcerations were also made by
the council. A list of wrongdoings against the Black community as well as the creation of a
commission “to develop a plan to make ‘significant progress towards repairing the damage
caused by the public and private systemic Racism’” was also incorporated by the Asheville
council (Panne par.3). Equal Justice Initiative (EJI), a private non-profit organization has
Considering our past, and where we stand today on the issue of racial inequality within
our policing system, there is no better time than now to adopt this as a constant solution
throughout the entire United States that is implemented into our daily practices.
To “reimagine and cultivate a culture of just policing will require significant changes in
academy and field training as well as recruiting from the community” (Winright par.11).
Reforming the police is not a “surface-level remedy”, it is rooted culturally and systematically.
(Winright).
implicit bias as well as racial bias/stereotyping be implemented all throughout the policing
system. As Kovera importantly points out, there are three factors that must be met in order for
30
First, the racial disparities in the criminal justice system must be the result of implicit
racial bias; otherwise, an intervention to train away implicit bias will not work. Second,
we must have the resources that allow us to screen all potential decision makers in the
chain of events that lead from police stop to conviction and sentencing for implicit racial
bias. Third, we must have effective interventions for eliminating implicit bias among
There are two faulted, but possible ways to execute this strategy of eliminating implicit
bias. The first is the Implicit Association Test, which will measure the levels of bias within those
being screened. The downfall to this solution is that it is not realistic to believe that we would be
able to screen each and every decision maker who contributes to the existing racial disparities,
due to how many are involved. The more reasonable approach would be “repeated exposure to
counter-stereotypical examples (e.g., associating Black with good) and evaluative conditioning
(e.g., pairing Black faces with positive words and White faces with negative words)” (Kovera).
Research has proven that the downfall to this is that it is commonly not effective after a couple
hours or days have passed. This path to a solution will require time and effort from decision
makers involved, which they might not have in time sensitive scenarios such as when making the
decision on whether or not to shoot a suspect. In summary, levels of implicit racial bias will most
likely be decreased, but in relatively small sizes when implementing these solutions.
Similar to an idea presented in the American Psychological Association’s brief to the U.S
Supreme Court, a more impactful route may be dedicating time and effort towards identifying
ways in which we can stifle decision makers ability to act upon their racial bias. Precise
procedures that focus on performance evaluations can be used to make it more difficult for bias to
31
influence decisions (Kovera). This can include expanding the usage of
third parties evaluations for accuracy” (Kovera 1154). By setting protocols that highlight or
identify racial bias within people, organizations, workplaces, etc., there is a potential for
motivation to change one's conscious or unconscious bias once it is brought to light and made
known.
proven in countless studies that controlling “for the effects of implicit racial bias on individual
decision-makers” (The Sentencing Project 12) is feasible. This means that due to the prevailing
When battling the issue of racial disparities, oftentimes the use of the public to inflict
social change is tried. It is imagined that compiling a list of disturbing statistics and sticking it
under the public's nose will create the motivation needed to fight back. Absurdly enough,
research has proven that it often has the opposite effect. When presented with the evidence of
extreme racial disparities within our criminal justice system, the public tends to become more
supportive of the vindictive policies that create that inequality in the system. Rebecca C. Hetey
and Jennifer L. Eberhardt, from Stanford University, explore the results of a few studies that were
When White participants were informed about racial disparities in executions, 52%
strongly favored the death penalty compared with 36% in the baseline
32
conditions(...)When the prison population was “more Black,” voters became signigicantly
less likely to sign a real petition aimed at lessening the severity of California’s harch
participants with a prison population that was less Black, 52% of them signed the petition
compared with only 27% in the more-Black condition. (Hetey and Eberhardt 184)
These numbers, along with many others, can only be interpreted as signs of systemic
racial bias. Yet more careful analysis shows that White Americans are prone to denying this
partial treatment. They rebuff any claims of bias partially to perpetuate the views of the world as
“fair and meritocratic”. The same views that keep their eyes discerning and away from racial
inequality and institutional practices that sabotage minorities (Hetey and Eberhardt 184).
Staples notes that the white community in America has started to feel anxiety due to the
possibility that in three decades, their stance as a majority will change to a minority. He then
proceeds to propose that among whites forty and over, sits the fear that they will lose their racial
privilege to the new majority, people of color, and begin being treated as badly as they were (40).
This can be perceived as one of the promoting ideas for why the majority of the public favors law
enforcement as the “solution” to crime instead of social support programs (33). It has become
obvious that when the white population is faced with the threat of potentially "losing" our upper
hand, our privilege, and our "birthrights" of equality and power, there is a sense of panic and
denial. Many seem to believe that simply creating a space where Blacks are treated as equals in
every aspect poses a threat to their comfortable ways of living as well as the ways in which they
view the world. It is undeniably easy to be scared and uncomfortable when faced with the harsh
realities like the intensity and weight of racial injustice within our society.
33
In order to address the issue of negative public support, I agree with Hetey and
Eberhardt’s proposal to offer context to the public. It is common that people take information
they receive and use it to support what they previously believe and expect. To counteract this,
description about how these disparities came to be would be a more effective way to present
inequality. To contextualize this information would mean implying that it is both unnatural
and/or “due to fixed stereotypical traits” (185). Although civil rights activities are aware of how
racial disparities came to be, that history is often either not highlighted to the extent it should be,
or all together left out when informing the public. As acknowledged by Hetey and Eberhardt,
“stripped of context, stand-alone statistics may simply be used as “evidence” of the stereotype
that Blacks are prone to criminality” (185). If we fail to push the public's eyes towards the
systemic forces that have played a leading role, the decontextualized information they obtain
surround racial inequality “can lead people to engage in defensive processes that instead blame
the victim while protecting the self and the status quo” (185). This can be seen in almost every
setting, whether its media, workplace, school, etc., because this narrative is so embedded within
There can and should be many policies put in place, but one I propose is a policy
requiring racial impact statements. As Iowa, Connecticut, Oregon, and New Jersey have already
done, adopting and requiring a constant use of racial impact statements at the federal and state
level should be implemented. This would require the preparation of an analysis weighing in any
34
possible “racial consequences of any proposed legislation before enacting it in order to avoid any
Part Ⅴ: Conclusion
Racial disparities in one of the first things that come to mind when thinking about our
policing system. In part, this is due to how cultural and systemic the problem is. The saying “one
bad apple can spoil the bunch” comes in hand. But unfortunately, there is no longer just one bad
apple. The inequality originated from the very roots of the apple tree, also known as our criminal
justice system. Columbus arrived 528 years ago in the Caribbean and enslaved the Native’s. The
first enslaved Africans reached our shores 401 years ago. The rights that were stolen and trauma
that was inflicted will not be forgotten or fixed in a week, month, or year (Panne).
It seems as though we often have racism without racists, yet “people are judged on the
color of their skin, not the content of their character” (Staples 38-40). Recently the government
has made efforts to address the glaring levels of unjust racism and deliberate bias in our police
system, yet these efforts are minimal compared to what they need to and should be. No one
solution will solve this deeply rooted problem, and the list of proposed solutions I present all
have their holes where they will fall short, which is why we need to implement them all. One
may fall short in a specific area in which another one exceeds in. There is limited research on
many of my proposed solutions, so I argue that we need to implement them all, collect data and
see the effects, whether negative or positive, and based on that, refine them in areas where
refinement is needed. In order to exercise the use of BWC, training and screenings, and truth and
35
For all the days, months, years and decades we have wronged our fellow citizens, we owe
to admit where we have failed, work to fix the corrupt system, and ensure it never falls back to
unequal and unjust ways. There is no more denying that white supremacy and the inability to
accept that all people are equal no matter the color of their skin is deeply embedded within the
very backbone of our society. It courses through the veins of our history and lives on through
each system that was built on the soil of a stolen nation. If we truly want to right our wrongs and
move forward in the best ways possible, it is time for us to get uncomfortable. It is our job not
only to address the racism that still exists to this day but to actively stand up to it on a daily basis.
36
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