One example could be a difference in how discretionary sentences are applied to backs vs. whites.
This would require a really deep examination to tease out the cause. It might be systemic racism or it might not be.
For example, maybe it is because poor people are more likely to have public defenders. Perhaps if we looked at the cases in this way, we would find that was the cause.
Perhaps one group is more likely to accept a plea bargain? That might make a difference.
Can we look at the sentencing patterns of individual judges–are there patterns according to the judge’s races?
Is this more likely to happen in some jurisdictions than others? A few jurisdictions with judges who are tougher on sentencing might skew the stats when the stats are combined with demographics.
Maybe it might be due to a small difference of where the crimes occur: indoors or out?
Because what I can’t really figure out is why people who talk as you do say that black defendants are charged and sentenced disproportionately but when we look at the murder rate, black people are committing a disproportionate number of murders, and often at such a young age that it doesn’t seem to be something that could be attributed to their interactions with LE.
I totally have for a long time believed that we do need to overhaul our criminal justice system.
However, I do remember when that crime bill was passed which made mandatory sentences for possession of crack higher than the sentences for cocaine.
Crack was much more quickly addictive and was devastating black communities, in between the use and the dealing.
These higher sentences were requested by black pastors and other members of the black community. This was clearly not a racist move but an attempt on the part of black people to protect their young people and their communities.
How much of the disproportion is due to this one aspect of LE, which was not motivated by racism?