Adaptive Discrimination In The Criminal Justice System

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Adaptive discrimination consists of public and private actions and institutional rules and norms that synergistically regenerate racial inequality across social systems through time. This Section explores racial discrimination’s historically cyclical nature: formal bans on intentional discrimination are followed by episodic retrenchment as discrimination is reconstituted in race-neutral forms that more readily escape legal sanction, thus allowing the cycle to start anew.
It is hard to peg this dynamic to a single ideology. Neither racism nor white supremacy—as conscious belief systems motivated by racial animus—fully captures the dynamic I describe here, though I contend that such beliefs have been instrumental to adaptive discrimination. That said, society appears to …show more content…

For example, as the civil rights movement gained ground during the 1960s, police throughout the country began to target law enforcement efforts at inner-city blacks. By 1967, the practice of stopping and frisking blacks “had become such a pervasive experience” that the President’s Commission on Law Enforcement and the Administration of Justice publicly warned about the consequences of these “aggressive” patrol tactics. Hostility between the police and black residents soon escalated and was “the precipitating factor” in several major urban riots.
The rise of mass incarceration further eroded civil rights progress by destabilizing urban communities. The “war on drugs” ensnared countless African Americans in the criminal justice system at significantly higher rates than whites, at a time when drug crimes as a whole were declining. Felon disfranchisement laws and, in some states, the use of gerrymandering techniques that treat prisoners as residents of the prison’s jurisdiction, rather than as residents of their home communities, continue to undermine African Americans’ political power and

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