The first argues that while racial prejudice and discrimination do exist in the CJS, the CJS is not racist. A review of the literature provides little evidence of racism in police deployment patterns, arrest data, use of force and deadly force, bail decisions, charging, plea bargaining, provisions of counsel, imprisonment rates, treatment, or parole decisions. While some studies purport to show racial discrimination, these are generally marred by methodological or interpretive flaws. While racial discrimination may be responsible for conditions that lead to higher offending by blacks, an examination of CJS outcomes does not support the allegation that the CJS is racist. The second argues that those who perceive racism in the CJS as a myth rely on quantitative data, while ignoring qualitative data; gloss over findings of racial disparity; and have a simplistic and rather naive view of what takes place in the real world of criminal justice. It suggests that racism has been institutionalized, and that to belong to a minority group is to experience differential treatment. It is concluded that any assessment of racism in the CJS must focus on the individual decisionmakers within the CJS. 7 references.