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Criminologists have long been interested in the relationship of crime with race, class, and gender – particularly critical criminologists. There have been ongoing discussions as to which factor is the most important. Intersectionality scholars, however, consider these discussions as pointless, because these modes of power (race, class, gender, etc.) intersect to form particular oppressions that are not a sum of their parts. This actively demonstrates that race, class, and gender are not additive models, but rather, constitutive models. Similar to baking a cake, they cannot be understood without each other. Criminal statistics generally classify social groups as religion, race, class, and gender. Be that as it may, what is the particular reason for the overrepresentation of certain groups of people in the criminal justice system, more specifically Black men? And is intersectional criminology a useful methodology to find this out?
To answer this question, we must know the definitions of intersectionality and intersectional criminology. Intersectionality is the relative nature of social categorizations like race, class, gender, etc. as they apply to a given individual or group, regarded as creating overlapping systems of discrimination. Intersectionality is the understanding that everybody has their own exceptional experiences of marginalization and persecution, and we should consider the many things that can oppress individuals. The first-ever use of the very term was by American scholar and civil rights activist, Kimberly Williams Crenshaw in a 1989 paper titled ‘Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics’ ‘to treat race and gender as mutually exclusive categories of experience and analysis’ (Crenshaw, 1989, p. 139). Crenshaw also stated that she wanted people to ‘understand that intersectionality is that it is a way of seeing; it’s a prism that can inform advocacy, policy, and everyday practice in a way that encourages more equitable futures: It is a concept that is capacious enough to take in and understand the many overlapping social dynamics that inform how inequalities are produced and sometimes overlooked by prevailing ways of thinking about discrimination’ (Crenshaw 2020). The book by Hillary Potter, titled ‘Intersectionality and Criminology: Disrupting and Revolutionizing Studies of Crime’, gives us an insight into what intersectional criminology is. Potter defines intersectional criminology as a theoretical approach that necessitates a critical reflection on the impact of interconnected identities and statuses of individuals and groups about their experiences with crime, the social control of crime, and any crime-related issues’ (Potter 2013: 305).
When people hear the terms ‘overrepresentation’ and ‘criminal justice system’ in the same sentence, they instantly think of the two types of problems put forward: groups more likely to commit crimes and groups more likely to be apprehended. Black men seem to be overrepresented in the criminal justice system, not just in the USA as well. Not only that but Black people, on average, have the lowest household income of any race. According to the Family Resources Survey, the majority of Black households (55%) would most likely have a weekly income of £600 and below in the 3 years up to March 2020; this is when compared to any other race having the same or similar weekly income. Knowing that Black people in general are overrepresented in both the criminal justice system and in the lowest household incomes, one would have a somewhat fair understanding as to how intersectionality comes into this. This is a good example of representational intersectionality as its statistics essentially illustrate that Black households are, in general, working-class (a social class that comprises citizens who earn little money). Representational intersectionality is, in this case, how racist and classist representations of Black people serve to further perpetuate and marginalize them, reinforcing negative stereotypes that affect how they are treated in society.
The question that is to be answered is whether intersectionality and intersectional criminology are useful methodologies to better understand the overrepresentation of Black men in the criminal justice system. The use of intersectionality and intersectional criminology to understand this circumstance seems impractical as using these methodologies would imply that Black men are overrepresented in the criminal justice system because they are oppressed based on their race
To sum up, everything that has been said thus far, both intersectionality and intersectional criminology do not seem to be useful in understanding the overrepresentation of Black men in the criminal justice system. As a relatively new construct, intersectional scholarship does not have a strong degree of convergence or an authentic approach. Going to the definition of the former methodology, intersectionality is a powerful way of looking at the social environment. It is, on the other hand, less clear what it is trying to explain, the particular reason for this circumstance is the concept seems to be vague in its definitions. It seems unclear as to whether it is trying to provide a general theory of identity, to describe how discrimination in society might be remedied, or to predict who will suffer discrimination in a community. Intersectionality offers a potential way forward to study forms of discrimination and oppression in society – but scholarship in this area needs to give more attention to increasing its explanatory power. Another critique of intersectionality is that it is unclear on which levels of analysis it seeks to be operative. It might seek to explain how particular individuals experience discrimination and oppression. It might even be useful at the organizational level of analysis, seeking to understand how organizational systems and cultures affect the extent and bases of discrimination and oppression. It is vital to not focus solely on marginalized groups, which is what intersectionality tends on, the experiences of races, classes, genders, etc. who have been oppressed. This obscures the role of the ones in power within sets of unequal social relations. In keeping with the experiences of those who are harmed by discrimination and oppression, the actions of those whose behavior sustains discrimination and oppression are never typically addressed. That being said, intersectionality is otherwise a powerful way of conceptualizing and understanding oppression and discrimination.
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