ABSTRACT

Critical race theory concerns the study and transformation of the relationship between race, racism and power. This chapter presents an overview of critical race theory and its explanation of the effects of racism and racially disparate outcomes throughout various stages of American justice systems. Critical race theory has various underpinnings that easily distinguish it from other mainstream criminological theories. Borrowing from several traditions – including liberalism, law and society, feminism and Marxism – critical race theory transcends many epistemological and disciplinary boundaries. A litany of concepts captures the spirit of critical race theory, including the social construction thesis, differential racialization, intersectionality and anti-essentialism, among others. Two of the more powerful concepts are those of legal indeterminacy and first-person narrative. With first-person narrative, critical race theory recognizes the experiential knowledge of people of colour as legitimate, appropriate and critical to understanding, analysing and teaching about racial subordination.