Criminal justice discrimination is a special case of cross-cultural dominance hierarchy maintenance.

Evidence

One finding from the study of institutional discrimination and associated forms of terror is that the legal and criminal justice systems are among the major instruments used in establishing and maintaining the hierarchical structure of intergroup relations. Admittedly, the internal security and criminal justice systems are designed to maintain “law and order.” However, from a social dominance perspective, in the aggregate, “law” is often written and enforced so as to favor the interests of dominants and “order” is often defined as those social conditions that disproportionately protect and maintain the interests of dominants. Therefore, contrary to the commonly held assumption that discrimination against subordinates within the criminal justice system is relatively rare, nonsystematic, and completely overshadowed by the everyday realities of basic fairness and equity, social dominance theory suggests that discrimination within the criminal justice system is quite systematic and comprehensive in its effects. — John T. Jost and Jim Sidanius, Political Psychology, 3199 (#expands, via linked claim)

Surprisingly little attention is paid to the role of the subordinate racial group, perhaps on the grounds that it is whites who create and maintain racial hierarchy. But as a rich and growing historical literature makes clear, the dominated always participate in that process of creation, and not just as helpless victims and objects. Even when they act from a position of weakness and disadvantage, their actions and decisions play a central role in determining the course of historical change. — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 3583 (#complicates, via linked claim)

Categorization

• XREF: connects to: Criminal justice discrimination against subordinates recurs across all stratified societies — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 53; The criminal justice system functions as a hierarchy-maintaining instrument — John T. Jost and Jim Sidanius, Political Psychology, 3199; Criminal justice bias reflects universal dominance hierarchies, not US peculiarity (+12 more)

Broader Connections

• American racial injustice in justice systems is a universal dominance phenomenon #corroborates (0.93)
• The criminal justice system functions as a hierarchy-maintaining instrument #expands (0.92) — John T. Jost and Jim Sidanius, Political Psychology, 3199
• Subordinated racial groups actively participate in creating and maintaining hierarchy #complicates (0.78) — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 3583