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7/31/2019 Race, Ethnicity and Criminal Justice Essay
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How useful is the concept institutional racism for understanding and responding to
ethnic differences in criminal justice?
The idea that institutional racism existed within Britains criminal justice initially created a
great deal of controversy and was not accepted. The mere possibility that racism within
criminal justice practices impacted upon the safety and liberty of ethnic minority communities
was denied. The government even rejected the idea that police and other statutory bodies
should be covered by the 1976 Race Relations Act because it might slur their good name. 1
However, during the last two decades of the twentieth century, this changed with the
overwhelming statistical evidence, which suggested that ethnic minorities were facing
criminalisation and were increasingly being victimised. Their experiences were coming to the
forefront and the government was beginning to realise that something needed to be done. It was
not a concrete conclusion that this was a result of institutional racism however,
discrimination, prejudice and racism were entering the arena and were requesting for
accountability within criminal justice practices.
The term institutional racism remains debated in society and is still to be determined and
accepted by many. The Scarman Report (1981) into the Brixton riots, rejected that Britain was
institutionally racist and explained this by providing two stark definitions
if, by [institutionally racist] it is meant that it is a society which knowingly, as a matter
of policy, discriminates against black people, I reject the allegation. If however, the
suggestion being made is that practices may be adopted by public bodies as well as
private individuals which are unwittingly discriminatory against black people, then this
1 Bowling, B. & Phillips, C. (2002) Racism, Crime and Justice. London: Pearson EducationLimited, p.156
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is an allegation which derives serious consideration, and, where proved, swift
remedy.2
This definition first rejected that there was direct discrimination that existed but then went on
to accept that nevertheless, if there was the possibility that unwitting and therefore
unintentional discrimination existed, there was the need for swift remedy.
However, after the Scarman Report in 1981, there still remained essential issues in Britain that
were yet to be resolved. The murder on, the 22 April 1993, of Stephen Lawrence, an 18-year
old black man stabbed to death in South London, came as a shock to many and made clear that
there were still visible ethnic differences in Britain. Stephen Lawrence was unlawfully killed in
a racist attack, which was completely unprovoked however, the police investigation failed to
bring the killers to justice. What was noticeable was not only the failure in the police
investigation but also the discriminatory way in which the Lawrence family were treated in the
aftermath. There was frustration and anger, which was widespread against the police and the
injustice that had come out of the murder inquiry. The difficulty was for society to be able to
understand and accept that there was a struggle in being able to hold the police accountable for
what had gone wrong.
Following this, the Machpherson Report of the Stephen Lawrence Inquiry was published on the
24 February 1999. This signified the issue of institutional racism as still existing in Britain.
Almost 20 years after Scarmans report, Macpherson concluded that the end result of decades
of over-policing and under-protection was an acute lack of ethnic minority trust and confidence
in the police.3 It propelled racism into the political and media spotlight and the Report had
2 Scarman, L. (1981) The Scarman Report. London: Home Office3 Rowe, M. (2007) Policing beyond Macpherson, USA: William Publishing, p.21
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detrimental effects for the Metropolitan Police in that it named and shamed officers for their
mishandling of a murder investigation.
Further, the Macpherson Report sought to create change and concluded that the unsuccessful
police investigation was a result of what was to be coined as institutional racism, defined as:
the collective failure of an organisation to provide an appropriate and professional
service to people because of their colour, culture or ethnic origin. It can be seen or
detected in processes, attitudes and behaviours, which amount to discrimination
through unwitting prejudice, ignorance, thoughtlessness, and racist stereotyping, which
disadvantage minority ethnic people. It persists because of the failure of the
organisation openly and adequately to recognise and address its existence and causes
by policy, example and leadership. Without recognition and action to eliminate such
racism it can prevail as part of the ethos or culture of the organisation. It is a
corrosive disease.4
The Report went on to insist for the introduction of new procedures for the reporting, recording
and the investigation of racist crimes in order to achieve overall accountability. It established
unequivocally that there was a fundamental lack of trust between minority ethnic communities
and the police. However, what remained then and remains unclear today is whether this lack of
trust, support and confidence from the police resulted from what was termed institutional
racism.
It was of particular significance when New Labour placed race equality at centre-stage during
4 Macpherson, Sir W. (1999) The Stephen Lawrence Inquiry: Report of an Inquiry by SirWilliam Macpherson of Cluny, London: HMSO, 6.34
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their first term. The government accepted the inquiry teams findings that institutional
racism played a part in the flawed police investigation.5 This went even further, when, then
Home Secretary, Jack Straw, declared that all white-dominated organisations, including his
own department, were afflicted with a racist culture, procedures and practices that tended to
exclude or disadvantage people from ethnic minorities.6 This marked willingness for
institutional racism within the criminal justice services to be addressed and understood, and
then measures to follow to tackle it.
Here in the UK, on the 3rd January 2012, 18 years after the murder of Lawrence, his killers
were finally sentenced to a total of 29 years. Criticisms have been drawn as to the conduct of
the police and why it took this long for the verdict. The verdict did by no means end the debate
on police racism. Ethnic differences have by no means slowed down and there remain
difficulties in explaining why. The findings that black people have been disproportionately the
victims of excessive physical force by police, prison and immigration officers and die in
custody, that almost all judges are white even though a significant minority of those who
appear before them are not...7need to be explained.
This essay will focus primarily on the police and its workings because the police are the first
and most visible agents of the criminal justice system. They are charged with monitoring
citizens and with arrests when violation of law are suspected or observed. More so, it is through
interactions with the police that the ethnic differences first come to light. The first part of the
essay will focus on a brief overview of some theoretical explanations for institutional racism
or discrimination within the police. The next section will focus on the post-Macpherson era and
5 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.206 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour
policy, Criminal Justice Matters, 67:1, p.207 Bowling, B. & Phillips, C. (2003) Racism, Ethnicity and Criminology, London: British Journalof Criminology, p.269-271
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training within the force as well as recruitment and changes. The penultimate section will
concentrate on stop and search practices and how these have been significant in displaying
institutional racism within the police. The final section will present an overview and provide a
response to the usefulness of institutional racism in understanding and responding to ethnic
differences in criminal justice.
Policing, ethnic differences and institutional racism
Exploring and understanding the relationship between the police and ethnic minorities when
they encounter one another is one of the most crucial ways of explaining institutional racism
and ethnic differences. Decisions made through this process and their differential outcomes
allow room for analysis of the underlying issues facing ethnic communities. The police are not
only the guardians of liberty, but also the gatekeepers of the criminal process.8
Numerous studies have analysed police culture and operational behaviours in order to
determine the effects on society. A study conducted by Smith and Gray (1983) found that the
use of racist language within the force became basic jargon that promoted the use of words
interchangeably to describe black and Asian people. They established, police officers who
expressed a racist ideology are certainly a small minority. Those who initiate racialist talk
(without referring to a racist ideology) may be a minority too, but since they are rarely
contradicted or opposed they tend to shape the norms of the group.9 This group personality is
what changes the occupational culture people are expected to engage with it and this then
becomes the fundamental issue.
8 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.269 Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in
Action, London: Policy Studies Institute, p.115
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Essentially, the problem is that racist attitudes, like other norms, develop informally among
groups of working police officers at the lower ranks. Thus, senior, officers are certainly not the
initiators of racialist attitudes in the Force but...they were not effectively counteracting them
either.10 Conversely they explained that when police officers actually come into contact with
members of minority groups, a different set of needs come into play: very often the officer is
forced to look on the person as a person as someone whose support is required or who much
be manipulated rather than as a member of a particular ethnic group. For these reasons it
would be quite wrong to assume that, because there is a good deal of racialist talk in the
Metropolitan Police, it follows that the police discriminate against members of minority groups
or regularly behave towards them in a hostile manner.11 Ethnic differences cannot be explained
in full through one concept because it is not institutional racism that plays the signifying part,
more so it is racism at an individualised level that needs to be addressed.
Theoretical explanations
The bad apple theory suggests that discrimination is a result of the actions of a small number
of rogue police offers who actively discriminate against ethnic minorities. Racial prejudice and
discrimination in the police service have traditionally been formulated as a problem of a small
number of racist police offers12 thereby it being an individual problem as opposed to it being
something which is within the institution. Lord Scarman pointed to the individualistic problem
and that it was the bad apples, which needed to be ferreted out of the institution. It is not the
policies and practices but it is the acts of individuals, which create ethnic differences.
10 Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in Action,London: Policy Studies Institute, p.12511 Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in Action,
London: Policy Studies Institute, p.125-12612 Bowling, B. and Phillips, C. (2002) Racism, Crime and Justice, England: Pearson EducationLimited, p.156
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The individual approach over-simplifies a complex problem and ignores the wider social,
cultural and structural context.12 It fails to understand the result of the dynamics occurring in
society and the impact that this can then have on the organisational structure. However, even if
police culture is impacted upon through a cross-section of society, it remains that some officers
are more likely to be prejudicial and discriminatory towards ethnic minorities as oppose to
others who are not. The officers who do not hold those views can be influenced and this is
where the idea of the institutional racism thesis becomes apparent.
Further, a significant problem from the bad apple theory is that the rotten individuals are not
always distinguishable from the rest of the barrel from which they are drawn.13The racist
views held by the minority are often a reflection of the views of a majority of police officers
and the wider society from which they are drawn. The reflection of society thesis explains that
racial prejudice and discrimination in the criminal justice simply reflects widely held beliefs
and behaviours among the general population.14
Chan (1996) addresses the complexity of discriminatory policing and its relationship with its
social context using two key concepts from sociologist Pierre Bordieu. Drawing on the notion
offield, which refers to a social space of conflict and competition, where participants struggle
to establish control. In policing terms this consists of the historical and contemporary
relationships among different social groups, and between the community and the police.15The
12 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1113 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p .1114 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,
Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1115 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,
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habitus refers to a system of dispositions, which integrate past experiences and enable
individuals to cope with unforeseen circumstances. This situates police culture in the social
and political context of police work, arguing that it should not be treated as some set of
internalised rules or values independent of the conditions of policing.16 Police culture is an
individual phenomenon, which comes from what individuals experience themselves as well as
by what happens in the street or in the police station. According to Chans model, changing
police culture requires changing both the habitus (through internal reform), but also changing
the field, including the social economic, legal and political context within which policing takes
place.17
Institutional racism has therefore created an arena within which debates, research and
response have followed and continue to do so. The term has also signified an understanding of
there being a problem and the necessity of an effective response. Studies like that of Chans,
have offered responses to resolve the widespread differences.
Post-Macpherson Training and institutional racism
The Macpherson Report sought to increase an understanding of what institutional racism
meant and suggested ways in which to respond to the visible ethnic differences within the
system. This led the way to 70 wide-ranging recommendations and these all sought not
Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1316 Shiner, M. (2010) Post-Lawrence policing in England and Wales: guilt, innocence and thedefence of organizational ego, British Journal of Criminology, p.317
Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.13
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specifically but indirectly, to change the way in which the police and in general, the criminal
justice practices operated from recruitment to the stop and search regime. The Report was a
watershed for race issues in Britain. There was widespread acknowledgement of the
maltreatment of black and minority ethnic communities. Reforms included changing
regulations on the recording of stop and search, for example requiring officers to detail the
ethnicity and reason for stopping individuals and attempts to change the attitudes and values
of officers.
A characteristic feature of police training introduced in response to the Lawrence Report is
that it tends to encourage officers and staff to be reflexive practitioners, able to consider how
their own values, attitudes and beliefs affect their professional behaviour and how this
collectively impacts upon the wider public.18 This was seen to be a change from the historic
model, which was more military, based and focussed upon physical training and the learning
of police practices. This changed somewhat to the current model after the Second World War
however the changes were seen to be piecemeal.
Following the Lawrence Inquiry, the Commissioner of the Metropolitan Police, Sir Paul
Condon, was reluctant to admit that the police service was institutionally racist since there was
no consensus to what the concept meant.19 There was a general feel that it meant that all
officers were racist. Later it was accepted by the Chief Constable of Greater Manchester that
the force was institutionally racist and this created a great deal of animosity and anger from
officers. However, the theoretical confusion surrounding the Lawrence reports definition of
institutional racism, presented a particularly difficult challenge for the development of training
18 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race
and society,London: Willian Publishing, p.4419 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.48
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sessions designed to address the problem.20
Several evaluations of recent police training on community and race relations have suggested a
difficulty in addressing institutional racism in programmes (Institute of Employment Studies
2003; Rowe and Garland 2003). Introducing the issue of institutional racism within such
programmes caused controversy and due to internal pressure, trainers were tempted to avoid
prolonged discussion of the issue.21 This meant that although there was a developing
understanding of the issue, the response within the force remained limited because individual
trainers were unconsciously or consciously avoiding the topic thereby resulting in one of
central contributions of the Lawrence Report failing to be properly addressed in the training
environment.
Further, Rowe and Garland (2007) found that not only are there concerns that training has
often not addressed the issue of institutional racism, and so occasionally missed the opportunity
to challenge some misconceptions surrounding the concept, it is also doubtful that training can
in and of itself provide the means to address the broader institutional dynamics of racism,
the imbalance of power relations between the police and the marginalised communities, nor the
structural causes that contribute towards that marginalisation.22 While undoubtedly there has
been some progress in terms of responding to the Lawrence Report recommendation that
training programmes ought to be evaluated and focus on inter-cultural relations, there has been
less consideration given to the overall impact that training can be expected to have on police
work in general or police relations within the community in particular.23
20 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.4821 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.4922 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race
and society,London: Willian Publishing, p.5023 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.50
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In October 2003, a BBC documentary, The Secret Policeman, revealed extreme racist
attitudes expressed by a number of police officers undergoing basic training at Bruche, near
Warrington (BBC, 2003).24 There were a number of accounts recorded by officers of killing
Asians and burying them under train tracks, joining the force to look after their own and
boasting about issuing minority ethnic motorists with fixed penalties in circumstances where
the officer would let white people escape with informal cautions. The journalist who carried out
the undercover observation noted that it was reminiscent of the earlier surveillance material of
the suspects in the Lawrence murder case, whish showed them practising their knifing
techniques and boasting of their racism.25The difference was that this time, when it was
suggested that the force was to be responding to institutional racism, officers where seen to be
doing quite the opposite. The programme itself and the huge public outcry that it occasioned
revealed dimensions of race and racism still apparent in British society. It also raised other
factors of huge relevance to the consideration of institutional racism and the impact of the
Machperson Report, which did not receive widespread attention following the broadcast. Early
in the documentary it was noted that new recruits were advised that racist language was not
permitted in the training room however the journalist found that the Police Federation advised
that officers facing such sanctions would be defended.
Constabularies and ethnic differences
This leads onto the visible ethnic differences in police recruitment, retention and promotion.
There remain stark differences in the level of recruitment of white officers in comparison to
those of ethnic minorities. There had been an increase in the proportion of serving police
24 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.125 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.2
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officers who were from ethnic minorities in 1986 from 0.7 per cent to 2 per cent of the police
service as at 31 March 2000.26 This means that although there has been progress, the progress
has been limited and minority groups remain considerably underrepresented. This under
representation within the police service can be a result of shortfall in applications but also and
more significantly, by the fact that applicants will carefully consider their likely experiences of
racism and discrimination and negative perception that ethnic minorities have of the police. 27
The media and society in part influence this and, within a few days of broadcast of The Secret
Policeman the media reported numerous examples of racism experienced by black and Asian
police officers. One example that has been in the public domain recently is the case of Supt. Ali
Dizaei, who had been suspended from his job with the Metropolitan Police whilst subject to
charges of corruption.28Following the initial collapse of the case in September 2003, it was
claimed that racists opposed to him had made spurious allegations in an effort to undermine
him. The collapse of this inappropriate disciplinary case and numerous other minority ethnic
officers is unlikely to dent the widely-held view that policing still has a long way to go to meet
its commitment to fairness, justice and equality for all.29
The Lawrence Report gave impetus to change racialised relations within constabularies.
Macpherson recommended that Black Police Associations (BPAs) were to be established in all
constabularies. The subject of race was therefore given a sharper focus and greater
legitimacy after the publication of the Lawrence Report, and BPAs were to influence the form
in which it would be articulated within constabularies.30Chief constables found themselves
26 Home Office (2000)27 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1528 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.329
Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.2030 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race
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working with BPA officials to formulate not only recruitment and retention policies but also
policies related to race generally. To ignore the advice of BPAs could be evidence of a chiefs
failure to accept Machpersons findings and, maybe, of institutional racism.31
Nonetheless, the understanding of race within constabularies and the position of minority
ethnic officers changed after Lawrence. The governments recognition allowed for BPAs to
symbolically represent the voice and recognised the status of minority ethnic officers as a
distinct group within the workforce. This meant that instrumentally, minority ethnic officers
became integral to aspects of police policy-making and the monitoring of practice.
Stop and Search
However, even after the magnitude of response following the acknowledgment of institutional
racism as being a feature of policing, one of the most consistent research findings in this field
is that people from minority ethnic communities and black people in particular are far more
likely to be stopped and searched by the police in comparison with white people. 32
When police officers conduct stops and searches, they make legal decisions. These everyday
decisions can have a profoundly negative effect on the public particularly when the encounters
are carried out with little reason, perceived to be unfair, are poorly handled and seem to be
and society,London: Willian Publishing, p.8831 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race
and society,London: Willian Publishing, p.9032 Bowling, B. and Philllips, C. in Newburn, T. (2003) Handbook of Policing, Devon, UK:Wilian Publishing, p.535
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targeted at specific individuals. Ironically, if these decisions undermine the legitimacy of the
police, they are likely to weaken the publics willingness to comply with the law and it is this
that has resulted in stark ethnic differences within different institutions of the criminal justice.
Claims that the police misuse their powers of stop and search and disproportionately target
ethnic minority communities have been a consistent feature of wider debates about the nature
of race relations within the force for decades. The stop and search recommendation required
police officers to detail the reason and ethnicity when stopping any individual. In theory, the
requirement proposed a form of regulatory framework monitoring stop and search, but also
established a level of accountability. The record was to include the reason for the stop, the
outcome, and the self-defined ethnic identity of the person stopped.33
However when this requirement and others were being introduced, it became apparent that it
was never going to be a comfortable process and that the British police felt at unease due to the
direct undermining of their work. It remained unclear whether these requirements would in
fact make the problem worse. Also, the interactions between the police and people from ethnic
minority groups have been widely documented and reports tend to suggest a commonality of
disproportionate...negative behaviour and misconduct by the police towards young people
from black and other ethnic minority groups, and suggest that race is an important issue in
police/suspect encounters.34
Firstly, it is important to understand the legislation behind stop and search power. Police
powers to stop and search suspects in the street are governed by several pieces of legislation
33 Shiner, M. (2010) Post-Lawrence policing in England and Wales: guilt, innocence and thedefence of organizational ego, London: British Journal of Criminology, p.234
Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in thecommunity of young people from black and other ethnic minority groups, London: BritishJournal of Criminology, p.1
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namely the Theft Act 1968, the Misuse of Drugs Act 1971 and the Firearms Act 1968. In
practice the powers conferred by section 1 of the Police and Criminal Evidence Act 1984 are
used and this is the section that is most commonly used for complaints. The initial problem lies
here because all that is required to stop and search any individual is reasonable suspicion, a
term which is not defined and creates complexities. In addition, while reasonable grounds will
depend on circumstances, there must be an objective basis for suspicion based on accurate and
relevant facts, information, and/or intelligence.
Although under section 60 of the Criminal Justice and Public Order Act 1994, an officer of the
rank of inspector or above may authorize to stop and search individuals in a defined area, when
it is anticipated that serious violence may occur or that offensive weapons may be carried
out.35 This means that there is no system by which to hold officers accountable because
whether or not they suspect serious violence to occur, this can be used as an explanation for the
stop.
Young (1994) argues that the law surrounding stop and search powers and the regulations in
place do not prevent the abuse of discretion. The rules in place can by no means be expected to
cover every eventuality and the eventualities that are covered, can be worked around and thus
manipulated. In addition, the stops and searches like many aspects of police work are largely
invisible to supervisory officers and, therefore the norms and working practices of the street
level police officer take priority over outside regulation.36
Although PACE has attempted to reduce ethnic differences, Rowe (2004) found that it seemed
35 Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in thecommunity of young people from black and other ethnic minority groups, London: British
Journal of Criminology, p.236 Young, J. (1994) Policing the Streets: Stops and Searches in North London,Centre forCriminology, Enfield, Middlesex University, p.14
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probable that the subtle distinction that the code tried to negotiate, in practice would not always
be recognised by officers. Also, initially the data gathered only distinguished between ethnic
minorities and white communities, and in 1994-95, the first year for which information was
presented, 37 it was apparent that overall ethnic minorities were more than four times more
likely to be stopped and searched than whites, at 44 per 1,000 of the population compared with
a rate of 10 per 1,000 for whites. According to The Guardian, in 1999, there were 1.03 million
stop and searches under section 1 of PACE, with black people 5.9 times more likely than a
white person to be targeted.38 In England and Wales in 2005-6, the rate for white people was
15 stops per 1,000 population, while the figure for black people was 90 and for Asian people 27
per 1,000,39and in 2009 and 2010 the numbers rose to 1.14 million, with black people seven
more times likely to be stopped.40 The levels of disproportionality are even starker when
section 60 of the Criminal Justice and Public Order Act 1994 Stop and Searches are
examined.41
Whilst it is difficult to assess in detail the reasons for the disproportionality, there has been
agreement of the fact that the use of Stop and Search against minority communities remains a
complexity. This in turn has an effect and creates negative consequences in terms of public
support for the police, willingness to join the criminal justice professions, and contributes to the
criminalisation of minority ethnic communities.42
37 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.8538 7th January 2012,Abuse of stop and search powers is a crime, says Lawrence Inquiryadviser, The Guardian39 Bowling, B. and Philllips, C. in Newburn, T. (2003) Handbook of Policing, Devon, UK:Wilian Publishing, p.53540 7th January 2012,Abuse of stop and search powers is a crime, says Lawrence Inquiryadviser, The Guardian41 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour
policy, Criminal Justice Matters, 67:1, p.2142 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.21
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McCarthy and Hagan (2003) explain that the increased number of police encounters with
minority ethnic individuals do not discourage offending and instead add to cumulative
disadvantage, contributing to a street ecology that further elevates the risk of increased criminal
involvement. As a result, street life, crime, police contact, and criminal justice sanctions
become increasingly intertwined, feeding into each other and making it difficult for minority
youths to break this cycle.43 The increase in stop and search figures for minority ethnic
communities means that the ethnic differences are not being responded to but are being further
exacerbated and producing what can be termed as a multiplier effect. This undoubtedly results
in ethnic differences remaining high in all areas of criminal justice practices.
Although commentators have tried to justify this as being a result of the difference in the
availability of different ethnic groups to be stopped and searched, according to time spent on
the streets and other public places, racial profiling still plays a part. Stereotyping should not be
an indicator in mind when operating according to reasonable suspicion, but it seems to play a
pertinent role. The lack of accountability means that police officers are still able to use their
powers in a discriminatory manner. Instead of operating according to the rule of law, police
officers continually are seen to rule with the law. They use the law to justify their actions.
In addition and of relevance was the case in the high court on the 8 th July 2011 ofRoberts. The
high court agreed that a full legal challenge could be brought against a police stop-and-search
power alleged to be used in a racist way as claimed byRoberts, against African-Caribbean
people. The challenge followed officers stopping and searching a 37-year old woman with no
convictions after they claimed that she was holding onto her bag in a suspicious way. The
women was held down by officers and then wrongly accused of being a class A drug user.
43
McCarthy, B. and Hagan, J. Native North American Street Youth, in Hawkins, D. (2003)Violent Crime, Assessing Race & Ethnic Differences, Cambridge, UK: Cambridge UniversityPress, p.137
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Roberts was stopped and searched under section 60 of the Criminal Justice and Public Order
Act 1994 a power which allows police to stop and search without having a reasonable
suspicion of the involvement in criminality.44 This is an example of the unfair treatment that
still takes place and continues to exacerbate ethnic inequalities.
Therefore, in reviewing the evidence in relation to police stop and search, it is fair to assert
that discrimination is in operation in the use of stop and search powers.45 This over policing
helps to then also explain the over-representation of black people in the prison population. If
the police are truly to serve the needs of the community as whole, they must be representative
of that community. They must engage in meaningful dialogue with all sections of society to
establish trust and they must be seen as a service responsive to the legitimate demands of all
sections of the public and open to all as a worthwhile career choice.46It is clear that this is not
the case and as a result, ethnic communities have lost trust and confidence in the police and
rebuilding this remains a challenge.
Conclusion
The post-Lawrence reforms have had a low impact with regard to stop and search and this in
some respects assists in determining the usefulness of the concept of institutional racism in
understanding and responding to ethnic differences in criminal justice practices. The term has
been understood, debated and used to materialise positive reforms however the response has
not been followed through thoroughly and this has diminished its overall usefulness.
44 8th July 2011, Racist stop-and-search powers to be challenged, The Guardian45 Bowling, B. and Phillips, C. (2007) Disproportionate and Discriminatory: Reviewing theEvidence on Police Stop and Search, Modern Law Review 70(6) 936-97146
Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in thecommunity of young people from black and other ethnic minority groups, London: BritishJournal of Criminology, p.11
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Additionally, the concept in itself has formulated negativity and its power has been
problematic. The word racism is so highly powerful and emotive, and carries with it such a
deeply embedded social stigma, that when it is deployed, even within a term such as
institutional racism that carries different meanings, it is very difficult to dissociate it from the
actions of individuals.47 The application of such a powerful term has certainly been a catalyst
for change within the police service however, the inquirys application of the term seems to
have deflected police attention from the actual problem of embedded organisational practices
and policies that it had intended to capture. Despite some much-trumpeted successes, solving
the root causes of disadvantage and discrimination remains more aspiration than
achievement.48
Nevertheless, the concept institutional racism has had profound effects to race relations in
Britain. It has been useful, as the application of such a powerful term certainly appears to have
introduced change in some important areas of the police service. It has assisted in
demonstrating ethnic differences and formulating a response to the issues faced by minority
communities. It has also to an extent, helped to deracialise institutions. Discussions about the
concept have paved the way for changes in policies and related actions. There seems to be an
overall pragmatic acceptance of a range of solutions to address institutional racism, a change
from the initial approach, which was just not to accept the concept.
Therefore, institutional racism has been a useful concept in shaping an understanding and
introducing responses to be able to deal with the ethnic differences in criminal justice. The
extent to how useful it has been overall remains debated but the concept has nonetheless
47 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race
and society,London: Willian Publishing, p.8448 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.21
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assisted in providing an understanding of the differences as being problematic and the areas in
which they appear. The inquiry itself lead to the concentration of attention on racial aspects of
the murder and it investigation. It diverted attention from the real lesson of the inquiry, which
is the urgent need to improve the quality of the police service for all people, white as well as
black, who lack the position, power and wealth to command proper attention when they are
victims of crimes. The current political climate is more receptive to seeing crime and criminal
justice from a minority perspective than it has ever been.49 The governments acceptance of
the Lawrence Inquirys finding of institutional racism as existing within the Metropolitan
Police Service, the emergence of minority professional associations (the National Black Police
Association, Society of Black Lawyers, Home Office Network, to name but a few) are
confirmation of this changed environment.
49 Philips, P. and Bowling, B. (2003) Racism, Ethnicity and Criminology, Developing MinorityPerspectives, British Journal of Criminology, p.286
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References
Bowling, B., Phillips, C., Campbell, A. and Docking, M. (2001) Policing and Human Rights
Eliminating Discrimination: Xenophobia, Intolerance and the Abuse of Power from
Policework. United Nations Research Institute for Social Development (UNRISD), conference
onRacism and Public Police. Durban, South Africa.
Bowling, B. and Phillips, C. (2002) Racism, Crime and Justice, Essex, UK: Pearson Education
Limited
Bowling, B. and Phillips, C. (2003) Policing ethnic minority communities, in Newburn, T.
(ed) Handbook of Policing, Willian Publishing, Devon, UK pp. 528-555
Bland, N., Miller, J. and Quinton, P. (2000), Upping the PACE? An Evaluation of the
Recommendations of the Stephen Lawrence Enquiry on Stops and Searches,Police Research
Series Paper 128. London: Home Office Policing and Reducing Crime Unit.
Chan, J. (1996) Changing Police Culture,British journal of criminology, 36:1
Hawkins, D. (2003) Violent Crime, Assessing Race & Ethnic Differences, Cambridge, UK:
21
7/31/2019 Race, Ethnicity and Criminal Justice Essay
22/23
Cambridge University Press
Holdaway, S. (1983) Inside the British Police A force at work, Oxford, UK: Basil Blackwell
Publisher Ltd.
Holdaway, S. and ONeil, M. (2006), Institutional Racism after Macpherson: An Analysis of
Police Views,Policing and Society, 16:4, 349-369
Macpherson, Sir W. (1999) The Stephen Lawrence Inquiry: Report of an Inquiry, London: The
Stationary Office
Millen, F. and Stephens, M. (2011), Policing and accountability: the working of police
authorities,Policing and Society, 21:3, 265-283
Phillips, C. and Bowling, B. (2003) Racism, ethnicity and criminology: developing minority
perspectives,British journal of criminology, 43 (2) pp. 269-290
Phillips, C. (2005) Facing inwards and outwards? Institutional racism, race equality and the
role of Black and Asian professional associations, Criminology & Criminal Justice, 5 (4) pp.
357-377
Phillips, C. and Bowling, B. (2007), Racism in the criminal justice system: the impact of New
Labour policy, Criminal Justice Matters, 67:1, 20-21
Quinton, P., Bland, N. and Miller, J. (2000) Police Stops, Decision-making and Practice, Home
Office Police Research Series, Paper 130
Quinton, P. (2011), The formation of suspicions: police stop and search practices in England
and Wales,Policing and Society, 21:4, 357-368
Rowe, M. (2004) Policing, Race and Racism, Willian Publishing, Devon, UK:
22
7/31/2019 Race, Ethnicity and Criminal Justice Essay
23/23
Rowe, M. (2007) Policing beyond Macpherson, Willian Publishing, Devon, UK:
Sharp, D. and Atherton, S. (2007), To serve and protect? The experiences of policing in the
community of young people from black and other ethnic minority groups,British journal of
criminology, 47(5), 746-763
Shiner, M. (2010) Post-Lawrence policing in England and Wales: guilt, innocence and the
defence of organizational ego,British journal of criminology, 50(5), 935-953
Tonry, M. (1998) The Handbook of Crime & Punishment, Oxford University Press, Inc.
Young, J. (1999) The Exclusive Society, London: SAGE Publications Ltd.
8th July 2011, Racist stop-and-search powers to be challenged, The Guardian
7th January 2012, Abuse of stop and search powers is a crime, says Lawrence Inquiry adviser,
The Guardian
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