systemic racism | Definition

Doc's CJ Glossary by Adam J. McKee

Systemic racism refers to policies, practices, and structures within institutions that create or maintain racial disparities, often without overt racial intent.

Understanding Systemic Racism

Systemic racism, sometimes called institutional racism, refers to the ways in which laws, policies, and societal norms result in racial inequalities, even when individuals do not intend to discriminate. Unlike individual racism, which involves explicit prejudice or discriminatory actions by a person, systemic racism is embedded in institutions such as the criminal justice system, education, housing, and employment. These institutional practices can disproportionately affect certain racial groups, leading to disparities in outcomes such as arrest rates, sentencing lengths, and access to legal representation.

Historical Context of Systemic Racism

The roots of systemic racism in the United States can be traced back to the era of slavery, when laws explicitly defined Black individuals as property. After slavery was abolished by the Thirteenth Amendment in 1865, many states enacted laws known as “Black Codes” that restricted the rights of newly freed Black Americans. These laws laid the foundation for Jim Crow laws, which enforced racial segregation and denied equal opportunities in education, employment, and voting.

During the 20th century, policies such as redlining, in which banks and government agencies denied home loans to people in predominantly Black neighborhoods, further contributed to racial wealth gaps. The War on Drugs, beginning in the 1970s and intensifying in the 1980s, disproportionately affected communities of color, leading to higher incarceration rates for Black and Hispanic individuals. These historical policies and practices continue to have lasting effects on racial disparities in the criminal justice system today.

Systemic Racism in the Criminal Justice System

Systemic racism can manifest in various ways within the criminal justice system, from policing and arrests to sentencing and incarceration. Even when laws do not explicitly mention race, their enforcement and application can result in racial disparities.

Policing and Arrests

Studies have shown that law enforcement disproportionately stops, searches, and arrests people of color at higher rates than White individuals. A practice known as “racial profiling” occurs when officers target individuals based on race rather than behavior. For example, traffic stop data in many U.S. cities reveal that Black drivers are more likely to be pulled over and searched, even though they are less likely than White drivers to be found with contraband.

The “broken windows” policing strategy, which focuses on aggressively enforcing minor offenses to prevent larger crimes, has been criticized for disproportionately targeting Black and Hispanic individuals in urban areas. Some argue that this approach contributes to higher arrest rates for minor infractions, increasing long-term involvement with the criminal justice system.

Sentencing Disparities

Once arrested, racial disparities continue in the judicial process. Research shows that Black and Hispanic defendants often receive harsher sentences than White defendants for similar crimes. The Sentencing Project, a research and advocacy organization, has documented that Black men receive sentences that are, on average, 20% longer than those given to White men for the same offenses.

One contributing factor is the use of mandatory minimum sentences, particularly in drug-related offenses. The Anti-Drug Abuse Act of 1986 created a 100-to-1 sentencing disparity between crack cocaine, more commonly associated with Black communities, and powder cocaine, more frequently used by White individuals. Although this disparity was reduced to 18-to-1 with the Fair Sentencing Act of 2010, critics argue that it still reflects systemic racial bias.

Incarceration Rates

The United States has one of the highest incarceration rates in the world, and people of color are disproportionately represented in prisons and jails. According to the Bureau of Justice Statistics, Black men are incarcerated at more than five times the rate of White men. Several factors contribute to this disparity, including sentencing laws, economic inequality, and differences in legal representation.

Critics of the criminal justice system argue that structural factors, such as underfunded public defenders and bail policies, contribute to racial disparities in incarceration. Wealthier defendants can afford private attorneys and pay bail, while poorer defendants, who are more likely to be people of color, may remain in jail for extended periods before trial.

Systemic Racism in Other Institutions

Systemic racism extends beyond the criminal justice system and affects various aspects of society, including education, employment, and healthcare. These disparities can contribute to cycles of disadvantage that make it more difficult for marginalized communities to achieve economic and social mobility.

Education Disparities

Educational inequalities are a key example of systemic racism. Public school funding in the U.S. often depends on local property taxes, which means that schools in wealthier, predominantly White neighborhoods receive more funding than schools in lower-income, racially diverse areas. This funding gap results in disparities in teacher quality, school resources, and educational outcomes.

Disciplinary policies in schools also reflect racial disparities. Studies show that Black students are more likely to be suspended or expelled for similar behaviors as their White peers. The “school-to-prison pipeline” describes how harsh school disciplinary policies can increase the likelihood that students, particularly those from marginalized communities, will become involved in the criminal justice system.

Employment and Economic Inequality

Employment discrimination has long been a challenge for people of color in the U.S. Research shows that job applicants with names perceived as “ethnic” receive fewer interview callbacks than those with traditionally White-sounding names, even when qualifications are identical. Wage disparities also persist, with Black and Hispanic workers earning lower incomes on average than White workers.

The racial wealth gap is another significant consequence of systemic racism. Historical policies such as redlining and discriminatory lending practices prevented Black families from accumulating wealth through homeownership. As a result, the median wealth of White families today is significantly higher than that of Black and Hispanic families. Without generational wealth, it is more difficult for individuals in marginalized communities to invest in education, start businesses, or pass on assets to future generations.

Healthcare Disparities

Systemic racism also impacts healthcare access and outcomes. Studies show that people of color, particularly Black and Indigenous individuals, receive lower-quality healthcare compared to White patients, even when controlling for income and insurance status. Black women, for example, are significantly more likely to die from pregnancy-related complications than White women.

Implicit bias in the medical field may contribute to these disparities. Research has found that some healthcare providers hold false beliefs about biological differences between racial groups, which can lead to inadequate pain management and differences in treatment recommendations. Structural factors, such as fewer hospitals and healthcare facilities in predominantly Black and Hispanic neighborhoods, also contribute to unequal access to medical care.

Addressing Systemic Racism

Efforts to address systemic racism involve policy changes, legal reforms, and increased awareness of racial disparities. Some proposed solutions include:

  • Criminal justice reforms: Advocates call for changes such as ending cash bail, eliminating mandatory minimum sentences, and increasing police accountability.
  • Education funding reforms: Equalizing school funding, reducing disciplinary disparities, and expanding access to early childhood education can help address racial gaps in educational outcomes.
  • Economic policies: Policies that promote fair hiring practices, close wage gaps, and support homeownership in historically disadvantaged communities aim to reduce economic disparities.
  • Healthcare equity initiatives: Expanding healthcare access, improving medical training on racial bias, and increasing diversity in the medical profession can help address healthcare disparities.

While systemic racism is deeply embedded in society, many believe that ongoing efforts to recognize and address these issues can lead to more equitable systems. Others argue that addressing disparities requires a broader focus on economic and social factors that impact all disadvantaged individuals, regardless of race.

Conclusion

Systemic racism refers to the ways in which policies, laws, and institutional practices create racial disparities, often unintentionally. These disparities exist in the criminal justice system, education, employment, and healthcare, among other areas. While historical policies contributed to current racial inequities, ongoing reforms aim to address these disparities and create a more just society. Understanding systemic racism is essential for creating informed policies that promote fairness and equality for all.

[ Glossary ]

Last Modified: 03/07/2025

 

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