Race, Ethnicity and Criminal Justice Essay

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How useful is the concept institutional racism for understanding and responding to

ethnic differences in criminal justice?

The idea that institutional racism existed within Britains criminal justice initially created a

great deal of controversy and was not accepted. The mere possibility that racism within

criminal justice practices impacted upon the safety and liberty of ethnic minority communities

was denied. The government even rejected the idea that police and other statutory bodies

should be covered by the 1976 Race Relations Act because it might slur their good name. 1

However, during the last two decades of the twentieth century, this changed with the

overwhelming statistical evidence, which suggested that ethnic minorities were facing

criminalisation and were increasingly being victimised. Their experiences were coming to the

forefront and the government was beginning to realise that something needed to be done. It was

not a concrete conclusion that this was a result of institutional racism however,

discrimination, prejudice and racism were entering the arena and were requesting for

accountability within criminal justice practices.

The term institutional racism remains debated in society and is still to be determined and

accepted by many. The Scarman Report (1981) into the Brixton riots, rejected that Britain was

institutionally racist and explained this by providing two stark definitions

if, by [institutionally racist] it is meant that it is a society which knowingly, as a matter

of policy, discriminates against black people, I reject the allegation. If however, the

suggestion being made is that practices may be adopted by public bodies as well as

private individuals which are unwittingly discriminatory against black people, then this

1 Bowling, B. & Phillips, C. (2002) Racism, Crime and Justice. London: Pearson EducationLimited, p.156

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is an allegation which derives serious consideration, and, where proved, swift

remedy.2

This definition first rejected that there was direct discrimination that existed but then went on

to accept that nevertheless, if there was the possibility that unwitting and therefore

unintentional discrimination existed, there was the need for swift remedy.

However, after the Scarman Report in 1981, there still remained essential issues in Britain that

were yet to be resolved. The murder on, the 22 April 1993, of Stephen Lawrence, an 18-year

old black man stabbed to death in South London, came as a shock to many and made clear that

there were still visible ethnic differences in Britain. Stephen Lawrence was unlawfully killed in

a racist attack, which was completely unprovoked however, the police investigation failed to

bring the killers to justice. What was noticeable was not only the failure in the police

investigation but also the discriminatory way in which the Lawrence family were treated in the

aftermath. There was frustration and anger, which was widespread against the police and the

injustice that had come out of the murder inquiry. The difficulty was for society to be able to

understand and accept that there was a struggle in being able to hold the police accountable for

what had gone wrong.

Following this, the Machpherson Report of the Stephen Lawrence Inquiry was published on the

24 February 1999. This signified the issue of institutional racism as still existing in Britain.

Almost 20 years after Scarmans report, Macpherson concluded that the end result of decades

of over-policing and under-protection was an acute lack of ethnic minority trust and confidence

in the police.3 It propelled racism into the political and media spotlight and the Report had

2 Scarman, L. (1981) The Scarman Report. London: Home Office3 Rowe, M. (2007) Policing beyond Macpherson, USA: William Publishing, p.21

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detrimental effects for the Metropolitan Police in that it named and shamed officers for their

mishandling of a murder investigation.

Further, the Macpherson Report sought to create change and concluded that the unsuccessful

police investigation was a result of what was to be coined as institutional racism, defined as:

the collective failure of an organisation to provide an appropriate and professional

service to people because of their colour, culture or ethnic origin. It can be seen or

detected in processes, attitudes and behaviours, which amount to discrimination

through unwitting prejudice, ignorance, thoughtlessness, and racist stereotyping, which

disadvantage minority ethnic people. It persists because of the failure of the

organisation openly and adequately to recognise and address its existence and causes

by policy, example and leadership. Without recognition and action to eliminate such

racism it can prevail as part of the ethos or culture of the organisation. It is a

corrosive disease.4

The Report went on to insist for the introduction of new procedures for the reporting, recording

and the investigation of racist crimes in order to achieve overall accountability. It established

unequivocally that there was a fundamental lack of trust between minority ethnic communities

and the police. However, what remained then and remains unclear today is whether this lack of

trust, support and confidence from the police resulted from what was termed institutional

racism.

It was of particular significance when New Labour placed race equality at centre-stage during

4 Macpherson, Sir W. (1999) The Stephen Lawrence Inquiry: Report of an Inquiry by SirWilliam Macpherson of Cluny, London: HMSO, 6.34

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their first term. The government accepted the inquiry teams findings that institutional

racism played a part in the flawed police investigation.5 This went even further, when, then

Home Secretary, Jack Straw, declared that all white-dominated organisations, including his

own department, were afflicted with a racist culture, procedures and practices that tended to

exclude or disadvantage people from ethnic minorities.6 This marked willingness for

institutional racism within the criminal justice services to be addressed and understood, and

then measures to follow to tackle it.

Here in the UK, on the 3rd January 2012, 18 years after the murder of Lawrence, his killers

were finally sentenced to a total of 29 years. Criticisms have been drawn as to the conduct of

the police and why it took this long for the verdict. The verdict did by no means end the debate

on police racism. Ethnic differences have by no means slowed down and there remain

difficulties in explaining why. The findings that black people have been disproportionately the

victims of excessive physical force by police, prison and immigration officers and die in

custody, that almost all judges are white even though a significant minority of those who

appear before them are not...7need to be explained.

This essay will focus primarily on the police and its workings because the police are the first

and most visible agents of the criminal justice system. They are charged with monitoring

citizens and with arrests when violation of law are suspected or observed. More so, it is through

interactions with the police that the ethnic differences first come to light. The first part of the

essay will focus on a brief overview of some theoretical explanations for institutional racism

or discrimination within the police. The next section will focus on the post-Macpherson era and

5 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.206 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour

policy, Criminal Justice Matters, 67:1, p.207 Bowling, B. & Phillips, C. (2003) Racism, Ethnicity and Criminology, London: British Journalof Criminology, p.269-271

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training within the force as well as recruitment and changes. The penultimate section will

concentrate on stop and search practices and how these have been significant in displaying

institutional racism within the police. The final section will present an overview and provide a

response to the usefulness of institutional racism in understanding and responding to ethnic

differences in criminal justice.

Policing, ethnic differences and institutional racism

Exploring and understanding the relationship between the police and ethnic minorities when

they encounter one another is one of the most crucial ways of explaining institutional racism

and ethnic differences. Decisions made through this process and their differential outcomes

allow room for analysis of the underlying issues facing ethnic communities. The police are not

only the guardians of liberty, but also the gatekeepers of the criminal process.8

Numerous studies have analysed police culture and operational behaviours in order to

determine the effects on society. A study conducted by Smith and Gray (1983) found that the

use of racist language within the force became basic jargon that promoted the use of words

interchangeably to describe black and Asian people. They established, police officers who

expressed a racist ideology are certainly a small minority. Those who initiate racialist talk

(without referring to a racist ideology) may be a minority too, but since they are rarely

contradicted or opposed they tend to shape the norms of the group.9 This group personality is

what changes the occupational culture people are expected to engage with it and this then

becomes the fundamental issue.

8 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.269 Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in

Action, London: Policy Studies Institute, p.115

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Essentially, the problem is that racist attitudes, like other norms, develop informally among

groups of working police officers at the lower ranks. Thus, senior, officers are certainly not the

initiators of racialist attitudes in the Force but...they were not effectively counteracting them

either.10 Conversely they explained that when police officers actually come into contact with

members of minority groups, a different set of needs come into play: very often the officer is

forced to look on the person as a person as someone whose support is required or who much

be manipulated rather than as a member of a particular ethnic group. For these reasons it

would be quite wrong to assume that, because there is a good deal of racialist talk in the

Metropolitan Police, it follows that the police discriminate against members of minority groups

or regularly behave towards them in a hostile manner.11 Ethnic differences cannot be explained

in full through one concept because it is not institutional racism that plays the signifying part,

more so it is racism at an individualised level that needs to be addressed.

Theoretical explanations

The bad apple theory suggests that discrimination is a result of the actions of a small number

of rogue police offers who actively discriminate against ethnic minorities. Racial prejudice and

discrimination in the police service have traditionally been formulated as a problem of a small

number of racist police offers12 thereby it being an individual problem as opposed to it being

something which is within the institution. Lord Scarman pointed to the individualistic problem

and that it was the bad apples, which needed to be ferreted out of the institution. It is not the

policies and practices but it is the acts of individuals, which create ethnic differences.

10 Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in Action,London: Policy Studies Institute, p.12511 Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in Action,

London: Policy Studies Institute, p.125-12612 Bowling, B. and Phillips, C. (2002) Racism, Crime and Justice, England: Pearson EducationLimited, p.156

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The individual approach over-simplifies a complex problem and ignores the wider social,

cultural and structural context.12 It fails to understand the result of the dynamics occurring in

society and the impact that this can then have on the organisational structure. However, even if

police culture is impacted upon through a cross-section of society, it remains that some officers

are more likely to be prejudicial and discriminatory towards ethnic minorities as oppose to

others who are not. The officers who do not hold those views can be influenced and this is

where the idea of the institutional racism thesis becomes apparent.

Further, a significant problem from the bad apple theory is that the rotten individuals are not

always distinguishable from the rest of the barrel from which they are drawn.13The racist

views held by the minority are often a reflection of the views of a majority of police officers

and the wider society from which they are drawn. The reflection of society thesis explains that

racial prejudice and discrimination in the criminal justice simply reflects widely held beliefs

and behaviours among the general population.14

Chan (1996) addresses the complexity of discriminatory policing and its relationship with its

social context using two key concepts from sociologist Pierre Bordieu. Drawing on the notion

offield, which refers to a social space of conflict and competition, where participants struggle

to establish control. In policing terms this consists of the historical and contemporary

relationships among different social groups, and between the community and the police.15The

12 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1113 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p .1114 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,

Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1115 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,

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habitus refers to a system of dispositions, which integrate past experiences and enable

individuals to cope with unforeseen circumstances. This situates police culture in the social

and political context of police work, arguing that it should not be treated as some set of

internalised rules or values independent of the conditions of policing.16 Police culture is an

individual phenomenon, which comes from what individuals experience themselves as well as

by what happens in the street or in the police station. According to Chans model, changing

police culture requires changing both the habitus (through internal reform), but also changing

the field, including the social economic, legal and political context within which policing takes

place.17

Institutional racism has therefore created an arena within which debates, research and

response have followed and continue to do so. The term has also signified an understanding of

there being a problem and the necessity of an effective response. Studies like that of Chans,

have offered responses to resolve the widespread differences.

Post-Macpherson Training and institutional racism

The Macpherson Report sought to increase an understanding of what institutional racism

meant and suggested ways in which to respond to the visible ethnic differences within the

system. This led the way to 70 wide-ranging recommendations and these all sought not

Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1316 Shiner, M. (2010) Post-Lawrence policing in England and Wales: guilt, innocence and thedefence of organizational ego, British Journal of Criminology, p.317

Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.13

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specifically but indirectly, to change the way in which the police and in general, the criminal

justice practices operated from recruitment to the stop and search regime. The Report was a

watershed for race issues in Britain. There was widespread acknowledgement of the

maltreatment of black and minority ethnic communities. Reforms included changing

regulations on the recording of stop and search, for example requiring officers to detail the

ethnicity and reason for stopping individuals and attempts to change the attitudes and values

of officers.

A characteristic feature of police training introduced in response to the Lawrence Report is

that it tends to encourage officers and staff to be reflexive practitioners, able to consider how

their own values, attitudes and beliefs affect their professional behaviour and how this

collectively impacts upon the wider public.18 This was seen to be a change from the historic

model, which was more military, based and focussed upon physical training and the learning

of police practices. This changed somewhat to the current model after the Second World War

however the changes were seen to be piecemeal.

Following the Lawrence Inquiry, the Commissioner of the Metropolitan Police, Sir Paul

Condon, was reluctant to admit that the police service was institutionally racist since there was

no consensus to what the concept meant.19 There was a general feel that it meant that all

officers were racist. Later it was accepted by the Chief Constable of Greater Manchester that

the force was institutionally racist and this created a great deal of animosity and anger from

officers. However, the theoretical confusion surrounding the Lawrence reports definition of

institutional racism, presented a particularly difficult challenge for the development of training

18 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race

and society,London: Willian Publishing, p.4419 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.48

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sessions designed to address the problem.20

Several evaluations of recent police training on community and race relations have suggested a

difficulty in addressing institutional racism in programmes (Institute of Employment Studies

2003; Rowe and Garland 2003). Introducing the issue of institutional racism within such

programmes caused controversy and due to internal pressure, trainers were tempted to avoid

prolonged discussion of the issue.21 This meant that although there was a developing

understanding of the issue, the response within the force remained limited because individual

trainers were unconsciously or consciously avoiding the topic thereby resulting in one of

central contributions of the Lawrence Report failing to be properly addressed in the training

environment.

Further, Rowe and Garland (2007) found that not only are there concerns that training has

often not addressed the issue of institutional racism, and so occasionally missed the opportunity

to challenge some misconceptions surrounding the concept, it is also doubtful that training can

in and of itself provide the means to address the broader institutional dynamics of racism,

the imbalance of power relations between the police and the marginalised communities, nor the

structural causes that contribute towards that marginalisation.22 While undoubtedly there has

been some progress in terms of responding to the Lawrence Report recommendation that

training programmes ought to be evaluated and focus on inter-cultural relations, there has been

less consideration given to the overall impact that training can be expected to have on police

work in general or police relations within the community in particular.23

20 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.4821 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.4922 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race

and society,London: Willian Publishing, p.5023 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, raceand society,London: Willian Publishing, p.50

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In October 2003, a BBC documentary, The Secret Policeman, revealed extreme racist

attitudes expressed by a number of police officers undergoing basic training at Bruche, near

Warrington (BBC, 2003).24 There were a number of accounts recorded by officers of killing

Asians and burying them under train tracks, joining the force to look after their own and

boasting about issuing minority ethnic motorists with fixed penalties in circumstances where

the officer would let white people escape with informal cautions. The journalist who carried out

the undercover observation noted that it was reminiscent of the earlier surveillance material of

the suspects in the Lawrence murder case, whish showed them practising their knifing

techniques and boasting of their racism.25The difference was that this time, when it was

suggested that the force was to be responding to institutional racism, officers where seen to be

doing quite the opposite. The programme itself and the huge public outcry that it occasioned

revealed dimensions of race and racism still apparent in British society. It also raised other

factors of huge relevance to the consideration of institutional racism and the impact of the

Machperson Report, which did not receive widespread attention following the broadcast. Early

in the documentary it was noted that new recruits were advised that racist language was not

permitted in the training room however the journalist found that the Police Federation advised

that officers facing such sanctions would be defended.

Constabularies and ethnic differences

This leads onto the visible ethnic differences in police recruitment, retention and promotion.

There remain stark differences in the level of recruitment of white officers in comparison to

those of ethnic minorities. There had been an increase in the proportion of serving police

24 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.125 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.2

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officers who were from ethnic minorities in 1986 from 0.7 per cent to 2 per cent of the police

service as at 31 March 2000.26 This means that although there has been progress, the progress

has been limited and minority groups remain considerably underrepresented. This under

representation within the police service can be a result of shortfall in applications but also and

more significantly, by the fact that applicants will carefully consider their likely experiences of

racism and discrimination and negative perception that ethnic minorities have of the police. 27

The media and society in part influence this and, within a few days of broadcast of The Secret

Policeman the media reported numerous examples of racism experienced by black and Asian

police officers. One example that has been in the public domain recently is the case of Supt. Ali

Dizaei, who had been suspended from his job with the Metropolitan Police whilst subject to

charges of corruption.28Following the initial collapse of the case in September 2003, it was

claimed that racists opposed to him had made spurious allegations in an effort to undermine

him. The collapse of this inappropriate disciplinary case and numerous other minority ethnic

officers is unlikely to dent the widely-held view that policing still has a long way to go to meet

its commitment to fairness, justice and equality for all.29

The Lawrence Report gave impetus to change racialised relations within constabularies.

Macpherson recommended that Black Police Associations (BPAs) were to be established in all

constabularies. The subject of race was therefore given a sharper focus and greater

legitimacy after the publication of the Lawrence Report, and BPAs were to influence the form

in which it would be articulated within constabularies.30Chief constables found themselves

26 Home Office (2000)27 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban SouthAfrica, p.1528 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.329

Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.2030 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race

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working with BPA officials to formulate not only recruitment and retention policies but also

policies related to race generally. To ignore the advice of BPAs could be evidence of a chiefs

failure to accept Machpersons findings and, maybe, of institutional racism.31

Nonetheless, the understanding of race within constabularies and the position of minority

ethnic officers changed after Lawrence. The governments recognition allowed for BPAs to

symbolically represent the voice and recognised the status of minority ethnic officers as a

distinct group within the workforce. This meant that instrumentally, minority ethnic officers

became integral to aspects of police policy-making and the monitoring of practice.

Stop and Search

However, even after the magnitude of response following the acknowledgment of institutional

racism as being a feature of policing, one of the most consistent research findings in this field

is that people from minority ethnic communities and black people in particular are far more

likely to be stopped and searched by the police in comparison with white people. 32

When police officers conduct stops and searches, they make legal decisions. These everyday

decisions can have a profoundly negative effect on the public particularly when the encounters

are carried out with little reason, perceived to be unfair, are poorly handled and seem to be

and society,London: Willian Publishing, p.8831 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race

and society,London: Willian Publishing, p.9032 Bowling, B. and Philllips, C. in Newburn, T. (2003) Handbook of Policing, Devon, UK:Wilian Publishing, p.535

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targeted at specific individuals. Ironically, if these decisions undermine the legitimacy of the

police, they are likely to weaken the publics willingness to comply with the law and it is this

that has resulted in stark ethnic differences within different institutions of the criminal justice.

Claims that the police misuse their powers of stop and search and disproportionately target

ethnic minority communities have been a consistent feature of wider debates about the nature

of race relations within the force for decades. The stop and search recommendation required

police officers to detail the reason and ethnicity when stopping any individual. In theory, the

requirement proposed a form of regulatory framework monitoring stop and search, but also

established a level of accountability. The record was to include the reason for the stop, the

outcome, and the self-defined ethnic identity of the person stopped.33

However when this requirement and others were being introduced, it became apparent that it

was never going to be a comfortable process and that the British police felt at unease due to the

direct undermining of their work. It remained unclear whether these requirements would in

fact make the problem worse. Also, the interactions between the police and people from ethnic

minority groups have been widely documented and reports tend to suggest a commonality of

disproportionate...negative behaviour and misconduct by the police towards young people

from black and other ethnic minority groups, and suggest that race is an important issue in

police/suspect encounters.34

Firstly, it is important to understand the legislation behind stop and search power. Police

powers to stop and search suspects in the street are governed by several pieces of legislation

33 Shiner, M. (2010) Post-Lawrence policing in England and Wales: guilt, innocence and thedefence of organizational ego, London: British Journal of Criminology, p.234

Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in thecommunity of young people from black and other ethnic minority groups, London: BritishJournal of Criminology, p.1

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namely the Theft Act 1968, the Misuse of Drugs Act 1971 and the Firearms Act 1968. In

practice the powers conferred by section 1 of the Police and Criminal Evidence Act 1984 are

used and this is the section that is most commonly used for complaints. The initial problem lies

here because all that is required to stop and search any individual is reasonable suspicion, a

term which is not defined and creates complexities. In addition, while reasonable grounds will

depend on circumstances, there must be an objective basis for suspicion based on accurate and

relevant facts, information, and/or intelligence.

Although under section 60 of the Criminal Justice and Public Order Act 1994, an officer of the

rank of inspector or above may authorize to stop and search individuals in a defined area, when

it is anticipated that serious violence may occur or that offensive weapons may be carried

out.35 This means that there is no system by which to hold officers accountable because

whether or not they suspect serious violence to occur, this can be used as an explanation for the

stop.

Young (1994) argues that the law surrounding stop and search powers and the regulations in

place do not prevent the abuse of discretion. The rules in place can by no means be expected to

cover every eventuality and the eventualities that are covered, can be worked around and thus

manipulated. In addition, the stops and searches like many aspects of police work are largely

invisible to supervisory officers and, therefore the norms and working practices of the street

level police officer take priority over outside regulation.36

Although PACE has attempted to reduce ethnic differences, Rowe (2004) found that it seemed

35 Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in thecommunity of young people from black and other ethnic minority groups, London: British

Journal of Criminology, p.236 Young, J. (1994) Policing the Streets: Stops and Searches in North London,Centre forCriminology, Enfield, Middlesex University, p.14

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probable that the subtle distinction that the code tried to negotiate, in practice would not always

be recognised by officers. Also, initially the data gathered only distinguished between ethnic

minorities and white communities, and in 1994-95, the first year for which information was

presented, 37 it was apparent that overall ethnic minorities were more than four times more

likely to be stopped and searched than whites, at 44 per 1,000 of the population compared with

a rate of 10 per 1,000 for whites. According to The Guardian, in 1999, there were 1.03 million

stop and searches under section 1 of PACE, with black people 5.9 times more likely than a

white person to be targeted.38 In England and Wales in 2005-6, the rate for white people was

15 stops per 1,000 population, while the figure for black people was 90 and for Asian people 27

per 1,000,39and in 2009 and 2010 the numbers rose to 1.14 million, with black people seven

more times likely to be stopped.40 The levels of disproportionality are even starker when

section 60 of the Criminal Justice and Public Order Act 1994 Stop and Searches are

examined.41

Whilst it is difficult to assess in detail the reasons for the disproportionality, there has been

agreement of the fact that the use of Stop and Search against minority communities remains a

complexity. This in turn has an effect and creates negative consequences in terms of public

support for the police, willingness to join the criminal justice professions, and contributes to the

criminalisation of minority ethnic communities.42

37 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.8538 7th January 2012,Abuse of stop and search powers is a crime, says Lawrence Inquiryadviser, The Guardian39 Bowling, B. and Philllips, C. in Newburn, T. (2003) Handbook of Policing, Devon, UK:Wilian Publishing, p.53540 7th January 2012,Abuse of stop and search powers is a crime, says Lawrence Inquiryadviser, The Guardian41 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour

policy, Criminal Justice Matters, 67:1, p.2142 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.21

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McCarthy and Hagan (2003) explain that the increased number of police encounters with

minority ethnic individuals do not discourage offending and instead add to cumulative

disadvantage, contributing to a street ecology that further elevates the risk of increased criminal

involvement. As a result, street life, crime, police contact, and criminal justice sanctions

become increasingly intertwined, feeding into each other and making it difficult for minority

youths to break this cycle.43 The increase in stop and search figures for minority ethnic

communities means that the ethnic differences are not being responded to but are being further

exacerbated and producing what can be termed as a multiplier effect. This undoubtedly results

in ethnic differences remaining high in all areas of criminal justice practices.

Although commentators have tried to justify this as being a result of the difference in the

availability of different ethnic groups to be stopped and searched, according to time spent on

the streets and other public places, racial profiling still plays a part. Stereotyping should not be

an indicator in mind when operating according to reasonable suspicion, but it seems to play a

pertinent role. The lack of accountability means that police officers are still able to use their

powers in a discriminatory manner. Instead of operating according to the rule of law, police

officers continually are seen to rule with the law. They use the law to justify their actions.

In addition and of relevance was the case in the high court on the 8 th July 2011 ofRoberts. The

high court agreed that a full legal challenge could be brought against a police stop-and-search

power alleged to be used in a racist way as claimed byRoberts, against African-Caribbean

people. The challenge followed officers stopping and searching a 37-year old woman with no

convictions after they claimed that she was holding onto her bag in a suspicious way. The

women was held down by officers and then wrongly accused of being a class A drug user.

43

McCarthy, B. and Hagan, J. Native North American Street Youth, in Hawkins, D. (2003)Violent Crime, Assessing Race & Ethnic Differences, Cambridge, UK: Cambridge UniversityPress, p.137

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Roberts was stopped and searched under section 60 of the Criminal Justice and Public Order

Act 1994 a power which allows police to stop and search without having a reasonable

suspicion of the involvement in criminality.44 This is an example of the unfair treatment that

still takes place and continues to exacerbate ethnic inequalities.

Therefore, in reviewing the evidence in relation to police stop and search, it is fair to assert

that discrimination is in operation in the use of stop and search powers.45 This over policing

helps to then also explain the over-representation of black people in the prison population. If

the police are truly to serve the needs of the community as whole, they must be representative

of that community. They must engage in meaningful dialogue with all sections of society to

establish trust and they must be seen as a service responsive to the legitimate demands of all

sections of the public and open to all as a worthwhile career choice.46It is clear that this is not

the case and as a result, ethnic communities have lost trust and confidence in the police and

rebuilding this remains a challenge.

Conclusion

The post-Lawrence reforms have had a low impact with regard to stop and search and this in

some respects assists in determining the usefulness of the concept of institutional racism in

understanding and responding to ethnic differences in criminal justice practices. The term has

been understood, debated and used to materialise positive reforms however the response has

not been followed through thoroughly and this has diminished its overall usefulness.

44 8th July 2011, Racist stop-and-search powers to be challenged, The Guardian45 Bowling, B. and Phillips, C. (2007) Disproportionate and Discriminatory: Reviewing theEvidence on Police Stop and Search, Modern Law Review 70(6) 936-97146

Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in thecommunity of young people from black and other ethnic minority groups, London: BritishJournal of Criminology, p.11

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Additionally, the concept in itself has formulated negativity and its power has been

problematic. The word racism is so highly powerful and emotive, and carries with it such a

deeply embedded social stigma, that when it is deployed, even within a term such as

institutional racism that carries different meanings, it is very difficult to dissociate it from the

actions of individuals.47 The application of such a powerful term has certainly been a catalyst

for change within the police service however, the inquirys application of the term seems to

have deflected police attention from the actual problem of embedded organisational practices

and policies that it had intended to capture. Despite some much-trumpeted successes, solving

the root causes of disadvantage and discrimination remains more aspiration than

achievement.48

Nevertheless, the concept institutional racism has had profound effects to race relations in

Britain. It has been useful, as the application of such a powerful term certainly appears to have

introduced change in some important areas of the police service. It has assisted in

demonstrating ethnic differences and formulating a response to the issues faced by minority

communities. It has also to an extent, helped to deracialise institutions. Discussions about the

concept have paved the way for changes in policies and related actions. There seems to be an

overall pragmatic acceptance of a range of solutions to address institutional racism, a change

from the initial approach, which was just not to accept the concept.

Therefore, institutional racism has been a useful concept in shaping an understanding and

introducing responses to be able to deal with the ethnic differences in criminal justice. The

extent to how useful it has been overall remains debated but the concept has nonetheless

47 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race

and society,London: Willian Publishing, p.8448 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labourpolicy, Criminal Justice Matters, 67:1, p.21

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assisted in providing an understanding of the differences as being problematic and the areas in

which they appear. The inquiry itself lead to the concentration of attention on racial aspects of

the murder and it investigation. It diverted attention from the real lesson of the inquiry, which

is the urgent need to improve the quality of the police service for all people, white as well as

black, who lack the position, power and wealth to command proper attention when they are

victims of crimes. The current political climate is more receptive to seeing crime and criminal

justice from a minority perspective than it has ever been.49 The governments acceptance of

the Lawrence Inquirys finding of institutional racism as existing within the Metropolitan

Police Service, the emergence of minority professional associations (the National Black Police

Association, Society of Black Lawyers, Home Office Network, to name but a few) are

confirmation of this changed environment.

49 Philips, P. and Bowling, B. (2003) Racism, Ethnicity and Criminology, Developing MinorityPerspectives, British Journal of Criminology, p.286

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