Structural bias embedded in legal institutions can be seen through selective policing patterns that affect different communities unequally. Selective policing is when law enforcement targets certain individuals or groups for arrest, detention, or prosecution based on their race, ethnicity, socioeconomic status, gender identity, immigration status, religion, political affiliation, or other characteristics. This practice has been documented to disproportionately impact Black people, Hispanics/Latinx people, Native Americans, Asian Americans, Muslims, and other minorities.
In New York City, Black and Latinx drivers are more likely to be stopped by police officers than white drivers. In Los Angeles County, Black people are three times more likely to be arrested for marijuana possession than white people despite similar usage rates. In Ferguson, Missouri, a study found that 92% of traffic stops involved African Americans, even though they made up only 67% of the population. These disparities are not coincidental but reflect underlying social inequalities and institutional racism.
The structural bias embedded within legal institutions is rooted in historical practices such as redlining, segregation, and slavery, which created racialized economic and housing policies that continue to shape modern-day life.
Legal systems have historically targeted marginalized communities with harsher penalties and less protection, resulting in higher rates of imprisonment and poverty. These disparities are further exacerbated by systemic discrimination and prejudice within the justice system itself, from hiring practices to trial outcomes. The result is a criminal justice system that perpetuates inequality rather than addressing it.
Selective policing also reveals how law enforcement prioritizes certain crimes over others based on social norms and values.
Drug offenses tend to be policed more aggressively than white-collar crime, leading to mass incarceration of low-income individuals while wealthy elites remain unscathed. Similarly, domestic violence is often dismissed or minimized when committed against women and children, particularly if they come from marginalized backgrounds. Such patterns reinforce the notion that some lives matter more than others, creating an unequal playing field for justice and accountability.
To combat structural bias embedded in legal institutions, we must acknowledge its existence and work towards reform. This includes reimagining public safety strategies beyond punitive measures and investing in community-based solutions that address root causes of crime and trauma. It also requires addressing institutional racism and other forms of oppression that perpetuate these biases.
Dismantling these power structures requires collective action and political will to create a fairer and more just society for all.
What does the pattern of selective policing reveal about structural bias embedded within legal institutions?
The pattern of selective policing reveals that legal institutions have systemic biases against specific groups due to their race, ethnicity, gender identity, sexual orientation, socioeconomic status, and geographical location. The disproportionate targeting of these groups by law enforcement agencies is indicative of institutional racism and discrimination.