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Advisory Opinions cover image

A Christian Case for Criminal Justice Reform

Advisory Opinions

NOTE

The Intersection of Legal Classifications and Systemic Racism

Legal classifications such as malum prohibitum create crimes based not on inherent immorality but on societal definitions, leading to the enforcement of vague laws that disproportionately affect marginalized communities. These laws, although racially neutral in appearance, often result in systemic bias and the targeting of Black individuals. Consequently, this practice not only contributes to the disproportionate incarceration of Black people but also perpetuates modern forms of slavery, as profits from labor primarily benefit the state. Moreover, once individuals are labeled as felons, they lose significant civic rights, including the ability to serve on juries, further entrenching systemic inequities in the justice system. Historical evidence reveals alarming disparities in conviction rates, especially regarding Black victims, and contemporary statistics indicate that Black individuals face harsher sentencing outcomes, like the increased likelihood of receiving the death penalty, compared to their white counterparts, illustrating the pervasive influence of systemic racism within legal institutions, including appellate processes.

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