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Race as a Legal Construct: The Implications for American Justice (From System in Black and White: Exploring the Connections Between Race, Crime, and Justice, P 137-152, 2000, Michael W. Markowitz and Delores D. Jones-Brown, eds. -- See NCJ-183600)

NCJ Number
183607
Author(s)
Delores D. Jones-Brown
Date Published
2000
Length
16 pages
Annotation
The intentional role government has played in establishing the race-crime connection is not readily acknowledged by those who study race and crime in America
Abstract
Historical events of the past affect the present, even though some researchers argue that the past has little or nothing to do with the present. Numerous studies confirm that racial minorities, blacks in particular, have a distinct mistrust of the American legal system. Also of note, violent lynchings in the South and racial segregation in the North forced blacks to live in densely populated, homogeneous communities. Further, while various immigrant groups have been able to achieve economic prosperity through work, investment, and inheritance, a significant number of blacks whose ancestors had to purchase freedom, who were denied property ownership rights, who were denied access to education, and who were not permitted to participate in various types of gainful employment are themselves currently overrepresented among the nation's poor. Even blacks who engage in work comparable to that of their white counterparts receive less pay for such work, and blacks who commit offenses similar to those of their white counterparts tend to receive harsher penalties. The author concludes that the investigation and explanation of existing criminal justice problems, such as sentencing disparity and minority overrepresentation, should not be divorced from their historical context. 33 references and 16 notes