Surveys of public opinion over four decades consistently show that Americans have little confidence in the fairness or effectiveness of the criminal justice system and criminal law more generally. This crisis of confidence is most acute among racial minorities: surveys show that more than one in three Whites have little confidence in the police, compared to more than half of Black respondents. Both the lack of confidence and the racial breach in perceptions of the law and legal actors have persisted for nearly four decades, regardless of whether crime was rising or falling.
But we might reasonably ask whether and why this matters. Why should we care about how people feel about the criminal law when it affects so few of us? After all, most people have little contact with the criminal justice system, and among those with contact, more than half involved traffic stops. Very few of us are victims of crime and seek police protection or redress from the courts. Even if citizens think the criminal law and its institutions are working poorly, casual observers can dismiss these negative views by pointing to America's generally orderly society whose crime rates (except homicide) are not much higher than other industrialized nations.
Criminal Law | Criminal Procedure | Law
Jeffrey A. Fagan,
Legitmacy and Criminal Justice,
Ohio St. J. Crim. L.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3364