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Topic 6- Ethnicity, Racism and the Criminal Justice System - Coggle Diagram
Topic 6- Ethnicity, Racism and the Criminal Justice System
Policing
Philipson and Bowling notes that since the 1970s there has been many allegations of oppressive policing of minority ethnic groups such as mass stop and search operations and armed raids
Stop and Search
Members of minority ethnic groups are more likely to be stopped and searched. The police can use their power if they have reasonable suspicion of wrongdoing. In 2020, black people were 9 times more likely to be stopped
In addition, under the terrorism act 2000, police can stop and search persons or vehicles whether or not they have reasonable suspicion. Stats show that Asian people are more likely to be stopped and searched.
Therefore, its unsurprising that members of minority ethnic groups are less likely to think the police acted politely or think they were stopped fairly. As Philipson and Bowling note members of these communities are likely to think they are under protected and over policed
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Arrests and Cautions
Figures for England and Wales show that in 2018 and 2019, the arrest rate for black people were over 3 times more likely than white people. By contrast black and Asian arrestees were less likely to receive a caution
One reason for this may be because members of ethnic minority groups are more likely to deny offences and to excuse the right to legal advise maybe due to the lack of trust of the police. However not admitting the offence means a caution cant be given and are more likely to be charged instead
Prosecution and Trial
Studies suggest that the CPS is more likely to drop cases against ethnic minority groups. Bowling and Philipson argue that this is because the evidence presented to the CPS is often weaker and based on stereotypes
When cases go ahead, members of minority ethnic groups are more likely to elect for trial before a jury in the crown court rather than in a magistrates court perhaps due to mistrust from the magistrates. However crown courts impose harsher sentences
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Pre sentencing Reports
One possible reason for the harsher sentences is the pre sentencing reports written by the probation officers. Hudson and Bramhall argue that the PSRs allow for unwritten discrimination. They found that reports on Asian offenders were less comprehensive and suggested they were less remorseful than white offenders
Prision
In 2021, just over 1/4 of the prison population were minority ethnic groups. Among British nationals, 5.5 per 1000 black people were in jail compared with 1.6 per 1000 Asian people.
Black people were almost 4 times more likely to be in prison than white people. Black and Asian offenders are more likely than white offenders to be serving longer sentences.
Within the total prison population, all minority groups have a higher than average proportion of prisoners on remand. This is because defendant from ethnic groups are less likely to be granted bail while awaiting a trial