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 Education Limited, p.156

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 3

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

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 Sir William Macpherson of Cluny, London: HMSO, 6.34

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...7 need 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 Labour policy, Criminal Justice Matters, 67:1, p.20 6 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour policy, Criminal Justice Matters, 67:1, p.20 7 Bowling, B. & Phillips, C. (2003) Racism, Ethnicity and Criminology, London: British Journal of Criminology, p.269-271

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 South Africa, p.26
9

Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in Action, London: Policy Studies Institute, p.115

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.125 11 Smith, D and Gray, J, (1983) Police and People in London Vol 4: The Police in Action, London: Policy Studies Institute, p.125-126 12 Bowling, B. and Phillips, C. (2002) Racism, Crime and Justice, England: Pearson Education Limited, p.156

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.13 The 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 of field, 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.15 The
12

Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination, Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban South Africa, p.11 13 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination, Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban South Africa, p .11 14 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination, Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban South Africa, p.11 15 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination,

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 South Africa, p.13 16 Shiner, M. (2010) Post-Lawrence policing in England and Wales: guilt, innocence and the defence of organizational ego, British Journal of Criminology, p.3 17 Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination, Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban South Africa, p.13

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.44 19 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race and society,London: Willian Publishing, p.48

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 and society,London: Willian Publishing, p.48 21 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson and society,London: Willian Publishing, p.49 22 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson and society,London: Willian Publishing, p.50 23 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson and society,London: Willian Publishing, p.50

Issues in policing, race Issues in policing, race Issues in policing, race Issues in policing, race

10

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.25 The 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 25

Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.1 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.2

11

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.28 Following 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.30 Chief constables found themselves
26 27

Home Office (2000) Bowling, B et al (2001) Policing and Human Rights Eliminating Discrimination, Xenophobia, Intolerance and the Abuse of Power from Policework, UNRISD: Durban South Africa, p.15 28 Rowe, M. (2004) Policing, Race and Racism, London: Willian Publishing, p.3 29 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour policy, Criminal Justice Matters, 67:1, p.20 30 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race

12

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.88 31 Rowe, M. and Garland, J. (2007) Policing beyond Machpherson Issues in policing, race and society,London: Willian Publishing, p.90 32 Bowling, B. and Philllips, C. in Newburn, T. (2003) Handbook of Policing, Devon, UK: Wilian Publishing, p.535

13

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 the defence of organizational ego, London: British Journal of Criminology, p.2 34 Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in the community of young people from black and other ethnic minority groups, London: British Journal of Criminology, p.1

14

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 the community of young people from black and other ethnic minority groups, London: British Journal of Criminology, p.2 36 Young, J. (1994) Policing the Streets: Stops and Searches in North London, Centre for Criminology, Enfield, Middlesex University, p.14

15

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 1,000,39 and 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.85 7th January 2012, Abuse of stop and search powers is a crime, says Lawrence Inquiry adviser, The Guardian 39 Bowling, B. and Philllips, C. in Newburn, T. (2003) Handbook of Policing, Devon, UK: Wilian Publishing, p.535 40 7th January 2012, Abuse of stop and search powers is a crime, says Lawrence Inquiry adviser, The Guardian 41 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour policy, Criminal Justice Matters, 67:1, p.21 42 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour policy, Criminal Justice Matters, 67:1, p.21
38

16

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 8th July 2011 of Roberts. 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 by Roberts, 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 University Press, p.137

17

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.46 It 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 45

8th July 2011, Racist stop-and-search powers to be challenged, The Guardian Bowling, B. and Phillips, C. (2007) Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search, Modern Law Review 70(6) 936-971 46 Sharp, D. & Altherton, S. (2007) To serve and protect? The experiences of policing in the community of young people from black and other ethnic minority groups, London: British Journal of Criminology, p.11

18

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.84 48 Phillips, C. & Bowling, B. (2007) Racism in the criminal justice: the impact of New Labour policy, Criminal Justice Matters, 67:1, p.21

19

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 Minority Perspectives, British Journal of Criminology, p.286

20

References

Bowling, B., Phillips, C., Campbell, A. and Docking, M. (2001) Policing and Human Rights Eliminating Discrimination: Xenophobia, Intolerance and the Abuse of Power from Policework. United Nations Research Institute for Social Development (UNRISD), conference on Racism and Public Police. Durban, South Africa. Bowling, B. and Phillips, C. (2002) Racism, Crime and Justice, Essex, UK: Pearson Education Limited Bowling, B. and Phillips, C. (2003) Policing ethnic minority communities, in Newburn, T. (ed) Handbook of Policing, Willian Publishing, Devon, UK pp. 528-555 Bland, N., Miller, J. and Quinton, P. (2000), Upping the PACE? An Evaluation of the Recommendations of the Stephen Lawrence Enquiry on Stops and Searches, Police Research Series Paper 128. London: Home Office Policing and Reducing Crime Unit. Chan, J. (1996) Changing Police Culture, British journal of criminology, 36:1 Hawkins, D. (2003) Violent Crime, Assessing Race & Ethnic Differences, Cambridge, UK:
21

Cambridge University Press Holdaway, S. (1983) Inside the British Police A force at work, Oxford, UK: Basil Blackwell Publisher Ltd. Holdaway, S. and ONeil, M. (2006), Institutional Racism after Macpherson: An Analysis of Police Views, Policing and Society, 16:4, 349-369 Macpherson, Sir W. (1999) The Stephen Lawrence Inquiry: Report of an Inquiry, London: The Stationary Office Millen, F. and Stephens, M. (2011), Policing and accountability: the working of police authorities, Policing and Society, 21:3, 265-283 Phillips, C. and Bowling, B. (2003) Racism, ethnicity and criminology: developing minority perspectives, British journal of criminology, 43 (2) pp. 269-290 Phillips, C. (2005) Facing inwards and outwards? Institutional racism, race equality and the role of Black and Asian professional associations, Criminology & Criminal Justice, 5 (4) pp. 357-377 Phillips, C. and Bowling, B. (2007), Racism in the criminal justice system: the impact of New Labour policy, Criminal Justice Matters, 67:1, 20-21 Quinton, P., Bland, N. and Miller, J. (2000) Police Stops, Decision-making and Practice, Home Office Police Research Series, Paper 130 Quinton, P. (2011), The formation of suspicions: police stop and search practices in England and Wales, Policing and Society, 21:4, 357-368 Rowe, M. (2004) Policing, Race and Racism, Willian Publishing, Devon, UK:

22

Rowe, M. (2007) Policing beyond Macpherson, Willian Publishing, Devon, UK: Sharp, D. and Atherton, S. (2007), To serve and protect? The experiences of policing in the community of young people from black and other ethnic minority groups, British journal of criminology, 47(5), 746-763 Shiner, M. (2010) Post-Lawrence policing in England and Wales: guilt, innocence and the defence of organizational ego, British journal of criminology, 50(5), 935-953 Tonry, M. (1998) The Handbook of Crime & Punishment, Oxford University Press, Inc. Young, J. (1999) The Exclusive Society, London: SAGE Publications Ltd. 8th July 2011, Racist stop-and-search powers to be challenged, The Guardian

7th January 2012, Abuse of stop and search powers is a crime, says Lawrence Inquiry adviser, The Guardian

23