P → Q, ¬Q
¬P
If the criminal justice system is fair, then Black people commit crime at a rate disproportionately higher than any other race. Black people do not commit crime at a rate disproportionately higher than any other race (to believe that would imply that to be Black is to be inherently more likely to commit crime, hence the racism), therefore, the criminal justice system is not fair. More specifically, institutional bias is invisible when the institution is responsible for the recording of statistics. Because the system is biased against Blacks, they are incarcerated and arrested at a higher rate than White people, who are given lesser punishments for the same crime (
something which is provable), and since only the punishments are what is recorded, there is no record of arrests not made, criminal charges not brought and sentences not imposed, which would definitively show a difference in treatment between White Americans and Black Americans.
However, there is a clear bias against minorities in the War on Drugs, they are manifestly greater targets for police brutality
(p. 2), and statistics show that the police target minorities (especially Blacks) at a
much higher rate. Remember Ferguson? Statistics show that Black Americans make up
86% of all police stops in Ferguson even though they make up less than 2/3rds of the driving population. The disparity index (how many are stopped divided by how many there are) for Black Americans in Ferguson is 1.37, but for Whites it is 0.38. Statewide in Missouri, it is 1.59 for Blacks, and 0.96 for Whites. That is clear evidence that police target Black Americans as potential criminals disproportionately more than Whites. Not just in Missouri, for the NYPD, home of the infamous Stop and Frisk program, 87% of all stops were of Blacks and Latinos. The NYPD was famously lambasted for stopping more Black men between the ages of 14 and 24 than there are in the entire city of New York. The NYPD's Public Advocate found in
a study that White New Yorkers were twice as likely to be found with a weapon and three times as likely to be found with some form of contraband.
If you don't see a problem there, you are either ignorant, racist, or both.