David Cole wrote, "our criminal justice system affirmatively depends on inequality" 5. Cole has substantial grounds for making this statement. Race and class have long been issues in the criminal justice system, but does the system "affirmatively depend on inequality?" Does the criminal justice system depend on the disparities of the people that it serves? American justice is supposed to be blind. Despite this there have been many disparities in the justice system due to racial, social class, and economic reasons. "Absent race and class disparities, the privileged among us could not enjoy as much constitutional protection of our liberties...
marijuana use. Cole summarizes the situation: "When the effects of a criminal law reach the sons and daughters of the white majority, our response is not to get tough, but rather to get lenient" 153.

The American justice system has never been truly equal because it has always depended on inequalities. The system could easily be changed to eliminate those inequalities, but that will not likely happen. So long as there is a majority dependent on the disparities of a minority, the system will maintain its current sanctity. In doing so, the system will affirm its dependence on inequality.