Justice Is Not Blind: Disproportionate Incarceration Rate of People of Color

Abstract

ABSTRACTUnderstanding both the impact and intersection of race in the criminal justice system is critical to understanding cyclical factors driving the disproportionate minority incarceration rate. Through the Critical Race Theory (CRT) lens, this article examines race and the criminal justice system by reviewing specific aspects of the legal system and its arbitrary application of the system’s significant discretionary power, which is a major influencer in the disparate incarceration rates for people of color.The Sentencing Project reports that racial disparity the criminal justice system exists when the proportion of a racial or ethnic group, within the control of the system, is greater than the proportion of such groups in the general population.