of black Caribbean children and 16% of black African children were socially
excluded from school, in comparison to only 14% of white children (Social Trends
34, National Statistics, 2002), with 31% of black Caribbean and black African
children obtaining no qualifications compared to 14.6% of white children in 2001 –
2002 (National Statistics, 2002). There is, as yet statistical evidence which unveils
that black offending is more prominent amongst black males with 10,840 black males
comprising of the total prison population, comparable to 1,102 black females in 2003.
(Prison statistics, 2003). It is possible that one factor which can influence other
criminogenic factors is the effects of institutional racism, which is 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” (MacPherson, 1999
cited in Thompson, 2001, P.67). Exposure to racism can exert influence on a black
Offender’s behaviour, furthermore, black offending and racism can be said to
reinforce and articulate one another, amplifying a vicious circle. Thus amalgamating
social indicators such as unemployment, educational underachievement and
institutional racism it “means that they are both less able to achieve their goals
through legitimate means” (Powis + Walmsley, 2002, p.7), and are more likely to
transcend into the realm of offending.
In contrast to the above discussion, black offender ciminogenic factors are not
far from different to that of white offenders but “taking comparable circumstances and
backgrounds, black offenders are more than twice as likely to be sent to prison as
whites convicted of the same offence” (Hood, 1992, P.7). Thus the question which
has to be addressed, is whether there exists discrimination towards black offenders at
various stages of the Criminal Justice process. The representation of black
professionals within the Criminal Justice System is disproportionate to that of white
professionals. Within in the Police Force in 2001 – 2002 there comprised of two black
Superintendents and above rankings, to that of 470 white, and one black circuit Judge
in comparison to 368 white (Home Office, 2002). To assert that this disproportionate
depiction of black professionals is the only explanation for the way black offenders
are treated in the Criminal Justice System would be too much of a simplistic
justification, but black offenders do “face a Criminal Justice System which is
dominated by white officialdom” (Denny, 1992, P.2).
In order to unravel whether they are treated fairly by the Criminal Justice
System the essay will focus on two agencies, the Police and the Prison service,
analysing whether they exercise their power in a subjective manner, giving equal
consideration to black offenders. The Police, under a variety of Legislations, The
Police and Criminal Evidence Act 1984 (PACE) section 1, and The Criminal Justice
and Public Order Act 1994, section 60(4) permits an officer with the power to stop
and search an individual of reasonable suspicion, based on facts, information and
intelligence. In 2001 – 2002 714,00 stop and searches were recorded under section 1
of PACE, with 85,800, 12% being black, which is 1.8% of the population (Home
Office, 2002, P.7), comprising of the Metropolitan Police initiating the majority of the
stop and searches, out of the 197,333 they carried out 66,103 were black. Concluding
that “black people are 8 times more likely to be stopped and searched than white”
(Home Office, 2002, P.5). In 2001 – 2002 1.3 million individuals were arrested,
97,800, (8%) were black, of those blacks arrested, 13% of those arrests resulted from
a stop and search (Home Office, 2002, P.17). Projected through these Acts is the
allowance of the Police to use their discretion when stopping and searching a
suspected black individual, but such discretion can be initiated disproportionately,
allowing certain Police Officers to use their own beliefs and stereotypes when
deciding who’s worth stopping and searching. This is where the problems arise with
the Police culture, affecting decisions that are made. MacPherson, 1999, voices a
severity of concern in relation to “stop and search and the wide perceptions of
minority ethnic communities that their cases are improperly investigated”
(MacPherson, 1999). The inquiry into the murder of Stephen Lawrence very much
reflects the racial thinking embedded within the Police Force. The treatment of
Duwayne Brooks by the Metropolitan Police and other Officers at the scene of the
murder was heavily criticised within the report. It was evident that Duwayne Brooks
was not treated as a victim but he himself felt in someway a suspect by the conduct of
individual officers towards him. The “underlying assumptions that blacks commit
crimes and that certain types of criminals must be black until shown to be otherwise”
(Chigwada-Bailey, 1997, P.30), is very much reinforced through this inquiry by
officers arriving at the scene assuming that there had been a fight because Stephen
Lawrence and Duwayne Brooks was black. MacPherson concluded, “that Mr Brooks
was stereotyped as a young black man exhibiting unpleasant hostility and
agitation…that Mr Brooks’ colour and such stereotyping played their part in the
collective failure of those involved to treat him properly” (MacPherson, 1999). The
same magnitude of resentment by officers involved was perceived by Doreen and
Neville Lawrence, “it is clear to me that the police came in with the idea that the
family of black victims are violent criminals who are not to be trusted” Neville
Lawrence, 1999, P.8131).
Prior to discussing the response of the Police to Black offenders the essay will
now address the response of the Prison Service to black offenders. The number of
offenders from ethnic minorities on 30TH June 2001, in prison comprised of 14,051,
with 21% accounting for the male population, with 13% being black (Home Office,
2002). Right through the system from a stop and search on the street to the type of
sentence, black offenders are faced with racial biased. In 2001 black offenders tended
to be slightly younger than white offenders with 17% of black offenders aged 21 years
and younger in comparison to 16% of white offenders, which could indicate that
the Police are apprehending black offenders at an earlier age than their white
counterparts. In relation to the pattern of offences, for which black and white
offenders were sentenced, a higher proportion of black offenders, one half, 50%, were
sentenced for offences relating to robbery and drugs, in comparison to one quarter,
25% of white offenders (Home Office, 2002). Statistics for 2001 unveil that a higher
proportion of offenders sentenced for sexual and violence against the person were
predominantly white, 32% in contrast to 25% of black offenders. Such statistics
clearly defies the stereotype that “blacks were more likely than whites to be indicted
for violent, sexual offences” (Chigwada-Bailey, 1997, P.31). Thus the major
difference between the offence patterns of black and white offender was their “modus
operandi for achieving financial gain” (Hood, 1992, P.54). More of black offenders
had been involved in crimes where the offences comprised of robbery and drug
offences, 50%. While the latter had used burglary, theft and fraud, thus being 28%
comparable to 16% of black offenders, as a means to acquire enrichment (Home
Office, 2002). Statistics also reveal that black offenders are more likely to be
imprisoned with a longer sentence than white offenders. In 2001 20% of black
offenders convicted in the Magistrates Courts of violence against the person and
sexual offences was sentenced to custody, in comparison to 14% of white offenders.
Of those sentenced, 54% of black offenders were sentenced to 4 or more years in
prison comparable to 42% of white (Home Office, 2002). Black deaths in custody
also represent an extreme expression of racism within the Criminal Justice System.
From April 1ST 1995 – 31ST March 2000 327 offenders died while in Police care or
custody, with 25 being black (Police Complaints Authority, 2002), but not one Police
Officer has been disciplined or sent to prison for any of these deaths. Such an
example of a case is of Alton Manning who died in 1995 after being forcibly
restrained by eight guards at Blakenhurst Prison. The verdict was unlawful killing but
in 1999 The Crown Prosecution Service decided not to prosecute the officers involved
in Manning’s death on the grounds of no realistic prospect of obtaining a prosecution.
In contrast to the above discussion it is essential, upon this premise whether
the treatment of black male offenders throughout the Criminal Justice System,
specifically the Police and Prison Service, applies to black female offenders. Black
female offenders are perceived amongst the Police as “capable of committing crimes
in a way the ‘normal’ or ‘good’ white woman are not (Chigwada-Bailey, 1997, P.32).
Black women are the subject of many negative beliefs and attitudes, which pervade
Britain’s thinking, which are likely to affect the attitudes of the Police towards them.
The common stereotype attributed to black women “include the over aggressive
African woman and the strong, dominant African Caribbean woman” (Chigwada-
Bailey, 1997, P.33), reinforcing their treatment by the Police to be much more
physically harsher. “They have been dealt with by male officers and have been
reported to be physically rough…in order to prove that they are not like normal white
women” (Chigwada-Bailey, 1997, P.33). To exemplify how presumed characteristics
of black women reinforce the way they are treated is illustrated in the publicised case
of Joy Gardener, a black woman who had overstayed her visa in 1993. She was
handcuffed, bound by a leather strap around her waist, thighs and ankles and taped
around the head and mouth with adhesive tape, she died a few hours later. Three
officers who were tried for her murder but was later acquitted. “What underlies the
events is the perception of black women as aggressive. There would have been
horror…if a middle class white woman had been treated in the way Joy Gardener
was” (Chigwada-Bailey, 1997, P.34-35).
Thus on the 30TH June 2001 26% of the female prison population comprised of
ethnic minority groups, with 21% being black female offenders (Home Office, 2002).
Aspects of black women’s imprisonment comprise highly of drug offences, with 52%
sentenced in 1999 in comparison to 19% of black male offenders and 24% of white
female offenders. With 503 black female offenders sentenced 303 were sentenced to
over 4 years in prison for drug offences (Prison Statistics, 1999). A striking feature
projected through these statistics is that a high proportion of the female prison
population, those of ethnic minority groups were in prison for drug offences. Such an
explanation could be linked to the causality of black women being exploited, acting as
drug couriers or ‘drug mules’. The negative stereotype of black female offenders very
much reinforces the way the way they are treated in prison. “Black women are not
even allowed the patronising treatment of being ‘fragile little creatures’ who must be
protected…often viewed as so violent that they have to be dealt with by male
officers” (Chigwada-Bailey, 1997, P.105).
In conclusion to this essay it is hoped by many people that the tragic death of
Stephen Lawrence, Joy Gardener and Alton Manning will not be wasted and
instructive knowledge and lessons can be learnt to stop more tragedies prevailing in
the future. But I guess this is what one hopes far as many more have died due to the
failing of such system. It is plausible from this essay that the colour of an offenders
skin has a bearing effect on the way the Criminal Justice System deals with them
Acceptance that discrimination does exists by those in senior positions within the
Criminal Justice System needs to be addressed for they are the ones who are
accountable for change.
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8TH February 2004.
