Some legal analysts say that recent high-profile convictions of powerful white men prove that “no one is above the law” in the American criminal justice system.
In fact, we’ve heard that phrase a lot lately with the convictions of Hunter Biden and former President Donald Trump. That idea has deep roots in the national myth and suggests that the system is fair to everyone.
But with those convictions, have we really reached a turning point in the struggle for equality in our criminal justice system?
A Wilmington, Delaware jury convicted President Joe Biden’s son Tuesday of all three felony charges connected to lying on a federal gun application and illegally possessing a weapon. Weeks earlier, a Manhattan jury found Trump guilty of all 34 charges related to his illegal attempt to influence the 2016.
But don’t get distracted by these high-profile convictions. Black folks know the reality is that America’s criminal justice system remains rotten to the core with racial and economic bias.
Realities of systemic racial and economic bias
The numbers don’t lie. Our criminal justice system has a long way to go before it can achieve equality.
A study from the U.S. Sentencing Commission released in 2017 found that Black men who commit the same crimes as white men receive 19 percent longer federal prison sentences.
Making matters worse, scores of innocent Black people wind up behind bars. An analysis by the National Registry of Exonerations found that Black people accounted for 53 percent of the 3,200 exonerations in the registry but represent only 13 percent of the U.S. population. Innocent Black Americans are seven times more likely than white Americans to be falsely convicted of serious crimes.
Being poor is also an obstacle to fair treatment. “In the United States, wealth, not culpability, often shapes outcomes,” declares the American Bar Association. “From what is defined as criminal behavior to how penalties are decided, our legal system punishes people who are poor in America far more often and more harshly than the wealthy.”
More inequality on the horizon?
Public perceptions are increasing that the criminal justice system isn’t tough enough. That’s a worrisome trend. During the crack epidemic, when fear gripped the nation, even Democrats called for mass incarcerations that destroyed Black families for a generation.
A November 2023 Gallup poll found that 58 percent of Americans think the U.S. criminal justice system is not tough enough to handle crime. Just three years earlier, a record-low 41 percent held that perception.
Unsurprisingly, researchers found white Americans and people of color saw the issue differently. While 63 percent of white adults want to see authorities get tougher on crime, 49 percent of people of color agreed.
Despite those high-profile convictions, activists will need to continue the struggle for equal justice.