Critical Race Theory, Wrongful Convictions and Disparate Exonerations of Minority and White Youths in the United States

Abstract

Race is central to every aspect of the criminal justice system in the United States. According to the U.S. Bureau of Justice Statistics (BJS), in 2013, black males accounted for 37 percent of the total male prison population in the United States with white males accounting for only 32 percent followed by Hispanic males at 22 percent respectively. In the general population, however, Black males comprise only 6 percent of the total males population while White males constitute 31 percent of the total males population in the U.S. followed by Hispanic males who make up 8.4 percent of the total male population. The conviction of innocent defendants is quite disturbing regardless of race or ethnicity. Nothing is more glaring of this phenomenon than when one considers that African American males make up only 6 percent of the total males population but are reported as committing 52 percent of the murders. It is widely known that the lack of formal processes and constitutional due process in the juvenile justice system and the potential for substantial deprivations of children’s liberty through extensive periods of incarceration has been pervasive, persistent, and ongoing in this country (Juvenile Justice Center, 2020). Critical Race Theory has done nothing less than shed more light on the predictability of youth treatment landing them behind bars for lengthy prison sentences for crimes in which they frequently did not commit. Critical Race Theory falls short, however, of offering any plausible explanations for why so many minority youths are falsely imprisoned. Other theories must be considered as plausible explanations for this phenomenon of disparate treatment between the races whether it be police shooting, disparate convictions and incarceration or racial profiling. These theories include Racial Conflict Theory, Racial Threat Theory and Petit Apartheid Theory. The core idea of Critical Race Theory is that racism does not stop at the individua level, but it is systemic or system-wide and ingrained in our policies, in our legal systems and institutions. Critical Race Theory has absolutely nothing to do with “punishing kids for their skin color or making young white kids feel guilty for being white no more than critical thinking is criticizing someone for well thinking. Critical Race Theory is a dialogue for raising awareness of policies and practices that have had a disproportionately negative impact on racial minorities in particular and youth in general irrespective of race. There were 2,310 people serving life-without-parole sentences for crimes committed as juveniles (known as JLWOP) at the end of 2016. This study examines the data extracted from the national registry of exonerations in the United States on every known exoneration from 1989 to 2020. Contributing factors to such disparate convictions among young African American males such as false confessions, mistaken identity, false accusations, witness tampering, perjury or false statements under oath particularly by police officers, prosecutorial misconduct, inadequate legal defense, and mistaken witness identification are highlighted and discussed as major contributing factors to the exoneree’s eventual release. This study assumes the position that, although all lives matter, it appears that African American Male Youths are more disproportionate among the population of those exonerated for crimes that they did not commit. The study proffers policy implications and policy changes that appear to be viable solutions to this egregious and tragic abuse of humankind.