The Influence of Race and Unemployment upon Prosecution in Drug Trafficking Trials

Date01 December 1996
DOI10.1177/026455059604300401
Published date01 December 1996
Subject MatterArticles
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The Influence of Race
and Unemployment
upon Prosecution in
Drug Trafficking Trials
To enhance our understanding of the impact of race in criminal
trials, Anita Kalunta-Crumpton, an independent criminal justice
researcher, studied numerous Crown Court prosecutions for alleged
drug supply offences, discovering that the case against defendants
was conducted markedly differently according to their ethnicity,
revealing a pattern of indirect discrimination.
irst racialised in the 1980s’, drug constructed according to the ethnicity of
-A-
trafficking has acquired a familiar
the defendant. The prosecution’s use of
image of black men as ’drug barons’ or
claims-making to secure a guilty verdict
’yardies’ in official and public
entailed an impressive communication and
consciousness. The media regularly
description of information or evidence to
reproduce stereotypical images of drug
the jury in a seemingly familiar language
dealing, reinforcing a more generalised
that was informed by knowledge. By
supposed link between race and crime. The
tapping into knowledge which has as its
popular perception is that all black people
ingredients elements of racial awareness,
are potential criminals and that those who
ideologies and stereotypes, the prosecution
experience unemployment and poor socio-
placed drug trafficking cases within the
economic circumstances in the inner city
context of the wider society, of which the
are likely to identify with drug dealing2.
jury is a part.
My observation over seven months of
During drug trials, knowledge of the
27 drug trafficking trials at a London
relationship
between
race
and
Crown Court centre, involving 15 black and
unemployment subtly infiltrated the
16 white defendants, mostly accused of
prosecution process. The prosecution’s case
possession with intent to supply, sought to
rested on their interpretation of an alleged
explore how racial discrepancy emerges in
drug trafficking offence as a commercial
the prosecution’s efforts to establish guilt.
transaction. A
defendant’s possessions were
The study illustrated the process of claims-
claimed as evidence, manifestly the
making3, the persuasive use of language and
proceeds of drug dealing, to prove the
image. It became clear that similar and
alleged offence.
comparable drug trafficking cases were
Thirteen (87%) of the black defendants
differentially presented and socially
and 14 (88%) of the white defendants were


alleged by the prosecution to have made a
Prosecutor : Mr X you are unemployed and
profit from drug dealing. Of the 13 black
on social security of £54 per fortnight?
defendants, 6 (46%) were unemployed; of
Defendant: Yes sir.
the 14 white defendants 10 (71 %) were
P: You have four children and I suppose
unemployed. In probing the source of the
you contribute to their upkeep?
defendants’
assets,
the economic
D: Yes sir.
accountability of unemployed black
defendants, unlike their white counterparts,
P: ....On the day of your arrest, you had
was prioritised by the prosecution to
£104 in your possession. For someone that
construct them as drug dealers.
is unemployed, where did the money come
from?
~
~~
~
z
D: Actually, I had eel 69 on that day. Part of
Prosecuting Black
the money was my social security...

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