Recently there has been a national conversation about race and racism, but this conversation has been inadequate at best and detrimental at worst. The problem is that the conversation has not been about racism as a systemic and institutional problem, but the conversation has been about whether or not individual acts of prejudice constitute racism. This conversation then completely ignores the structural problems that create racial disparities, and therefore completely misses the point of what our national conversation about race should be about. Perhaps the most significant source of structural racism is the United States justice system, where justice is not always blind.

According to a recent study, a defendant accused of killing a white person in North Carolina is nearly three times as likely to get the death penalty than someone accused of killing a black person. This study looked at death sentence in North Carolina over a 28 year period, and examined 15,281 homicides in the state of which 368 resulted in death sentences. The results of the study where that the odds of receiving a death sentence in cases where the victim was white were 2.96 times as high as the odds in cases with black victims. This finding is not unique. According to another study, blacks who kill whites are significantly more likely to face the death penalty in Maryland than are blacks who kill blacks or white killers

Race is not only one of the determining factors in who receives the death penalty, but in who is stopped by the police, especially when police are racially profiling. In New York 575,304 people stopped and frisked by the New York Police Department last year, and information was gathered on individuals being detained to build a database on citizens who had not committed any crime. According to a report by New America Media, 87% of those who where detained where people of color. While Governor Paterson recently signed a law that made it illegal for police to randomly detain and frisk individuals and to compile their private information, this illustrates another example of the structural racism that exists in the justice system.