African Americans are overrepresented in the nation's prisons and jails, and it's common to attribute some of this to systemic forces; poverty, poor schools, inadequate legal representation, drug-enforcement policies, and sentencing laws. It's not that black people are more prone to criminality; it's that they are more likely to find themselves affected by the things that guarantee high rates of incarceration. Of course, some people disagree. Like, for instance, two justices on the Washington state Supreme Court: