The curious state of our criminal justice system today is a function of the disparate impact principle. If you wonder why police officers are not making certain arrests, or why district attorneys are not prosecuting whole categories of crimes—such as shoplifting, trespassing, or farebeating—it is because apprehending lawbreakers and prosecuting crime have a disparate impact on black criminals. Urban leaders have decided that they would rather not enforce the law at all, no matter how constitutional that enforcement, than put more black criminals in jail.
Heather Mac Donald, Disparate Impact Thinking Is Destroying Our Civilization. Imprimis, February 2024.
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