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The Judicial System is institutionally racist.... That is a very large claim and I admit to a degree of scepticism. I am an old white, privately educated male and so I may be going where angels fear to tread here, but hey... I am a lawyer and I am used to being abused.

Have I seen behaviour from Judges which I consider might have amounted to racism - yes I have - a couple of times in 18 years. Might I miss racism on the basis I am not sensitive to it? Of course. Are there racist Judges? I don't know any but on the basis of simple probability it would seem likely. Should we tolerate it? No.

Have I seen anything which might amount to "institutional racism?" No I haven't , a few racist judges does not institutional racism make.

There does not appear to be an agreed definition of what institutional Racism is (I found 4) But it appears to be an acceptance or tolerance of racism by a group or organisation. I find it very difficult to believe that the Judiciary accepts or tolerates racism since that is the antithesis of what Judges are supposed to be about. Certainly none of the judges I know would find any form of racism acceptable.

I wonder about the sample in the survey here. How was it selected? It would be very easy to get a biased sample in research like this. I want to see their methodology..

Don't get me wrong, I am sure the respondents answered truthfully and I unhesitatingly condemn any member of the judiciary who treats a person less favourably because of their ethnicity . I imagine most judges would be horrified to think they might have treated someone differently on this basis and would welcome appropriate training. Increasing access to recording seems a good idea as does checking the appointments process to ensure that it does not embed racial bias.

But Institutionally racist - I remain to be convinced.

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