Racial Disparities in the Criminal Justice System and Perceptions of Legitimacy

Abstract

Historically, research has shown that minorities, especially Blacks, are more likely to be arrested and sentenced to prison terms than their White counterparts. Explanations of these findings range from those claiming that minorities differentially engage in deviant and criminal behavior, to those claiming that the criminal justice system (CJS) treats minorities differently. A related line of work has shown that minorities tend to view the CJS as less just or legitimate than Whites. Most explanations for this finding center on personal experiences of unjust treatment. However, research has also shown that vicarious experiences can influence perceptions of legitimacy toward the CJS and that Blacks often have more negative attitudes even when considering the same objective event as Whites. This article reviews relevant literatures then advances a theoretical linkage between racial disparity in criminal justice contact and legitimacy toward the law. At its base, the model suggests that differential treatment (either personal or vicarious) negatively impacts legitimacy, which in turn increases criminal behavior (and thus, racial disparities in criminal justice contact). The model is important for fully understanding racial differences in criminal behavior and criminal justice contact. Theoretical and empirical implications are discussed.