There are some basic facts about the characteristics of those the justice system processes that do not appear to change over time.
For one thing, the large majority of those prosecuted and convicted tend to be male: over 80 per cent of all offences currently, rising to over 90 per cent in the case of violence and sexual offences.
For another thing, Black people are far more likely to end up being arrested, prosecuted and convicted than white people. This is a general feature of the justice system. It is also a feature of many of the various sub-systems and processes within.
Take joint enterprise, for instance. Our recent report – Joint Enterprise: A view over time – found that Black people have comprised, over the past two decades, around 25 per cent of defendants in homicide cases involving four or more defendants, while representing only four per cent of the general population.
The perceived company that Black defendants keep – in particular claims about ‘gang’ affiliations – has played a significant role.
The result is dehumanising, turning prosecution into a ‘job lot’ exercise, rather than a fair-minded attempt to get to the bottom of what went on, and who did what.
As Patrick Williams – one of four excellent speakers at our event on joint enterprise earlier this week – observed:
When the jury see five young black people in the dock, they don't see five individuals. They see one black gang
The injustices of joint enterprise sit within a wider set of problems, some specific to the justice system, others deeper and societal. What is more, while reports and statements from government, parliament and civil society organisations regularly identify the problem, nothing seems to change.
‘Something must be done’ all too often seems to slip into nothing will be done.
What would it mean for race and racism to be taken seriously by the justice system, decision-makers and wider society? How would we recognise meaningful change if it were to be achieved?
We are going to be exploring these and related questions at our forthcoming event – All talk, no action? – on Wednesday, 3 June, where we will be joined by three excellent and insightful speakers: Dr Jason Warr, Khatuna Tsintsadze, and Dr Angela Charles.
As with most of our events, it will be available to attend both in-person (with delicious food and refreshments following the main event to help us continue the conversation) and online, for those unable to attend in-person.
I hope to see you there.
