Race-based conflict theory holds that discrimination is not only statistically significant, but also institutionalized and pervasive throughout the various stages of the criminal justice process. The data do not support the argument that discrimination in criminal justice action and processing is negligible, as claimed by Wilbanks (1987) in his "The Myth of a Racist Criminal Justice System." However, neither is there evidence of pervasive, institutionalized bias, as some authors argue. Discrimination has been documented at certain points in the criminal justice system and in certain jurisdictions, but not in others. After controlling for legal factors such as offender's criminal record and seriousness of offense, racial differences remain in some studies but disappear in others. The evidence reviewed in this study suggests that discrimination is less extensive than predicted by race-based conflict theory. Having said this, the net amount of racial bias found in the literature is greater than what one would expect to find in a system purporting to dispense equal justice for all, and it is likely that a greater amount of discrimination will be shown in studies that follow the methodological and analytical guidelines proposed in this report. 11 notes and 84 references