Indeed, a recent survey on public perceptions of State courts demonstrated that a significant number of Americans believe members of minority racial groups receive unequal treatment from the legal system.
Racism is a largely misunderstood term.
Most people think of racism as encompassing only overt racism, prejudice against a racial group motivated by a person's conscious dislike of that group. Regardless of the absence of intent, this form of racism, arguably endemic to the legal institutions of the United States, is racism, and it has no place in a justice system dedicated to judging each person individually. The erroneous focus on intent in discussions of racism is counterproductive. The notion that all racism is intentional makes institutions accused of racism defensive, rather than open to self-examination. In the Articles that follow, leading academics attempt to step beyond perception and to address major topics at the intersection of race, crime, and the Constitution.