Despite many of the social, political, and economic changes of the 1960s, discrimination is still prevalent in the United States. Increasingly, evidence of discrimination can be seen in our nation's courts, institutions of higher education, in public policy decisions, and every social, political and economic institution. The question of how this can be in these days of ethnic and cultural diversity has aroused considerable interest among social scientists, as well as among the general public. One area that has been the target of considerable research is the criminal justice system. Wilbanks has suggested that it is a “myth” that the criminal justice system is racist and discriminates against blacks and other minorities. This paper argues to the contrary. It is suggested that Wilbanks has inappropriately applied a microlevel analysis to a macrolevel phenomenon. Examining the historical-structural nature of the legal systems points to great disparities in the status quo of US jurisprudence.

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