These processes have variously been described as "unintended consequences of discretion," "unevenness of decision-making," "the darker races are all treated as second class citizens. The assumption of guilt is worse for Maori," "bias," and "institutional racism." "A greater tendency to suspect Maori of an offence was reported by about a third and nearly half reported that police officers generally were more likely to query vehicle registration when a Maori was seen driving a 'flash' car" (Gabrielle Maxwell, 1998).
The amplification argument is supported by analyses of relevant justice sector data (Police Strategy and research Group, 2007). For example, Maori are 3.3 times more likely to be apprehended for a criminal offence than non-Maori. Maori adults were 3.8 times more likely to be prosecuted than non-Maori and 3.9 times more likely to be convicted of an offence. Kim Workman of Rethinking Crime and Punishment was interviewed for a study on international justice systems conducted by the United Kingdom audit office and said the justice system's treatment of Maori was a matter of "national shame." In light of the evidence what are some of the underlying reasons for the presence of such discrepancies in outcome for Maori? The urbanization of rural Maori and the fact they have been subjected to what James D. Vigil has called multiple marginality; a phenomenon where ethnic minorities are subject to specific negative social forces. Multiple marginality has its foundations in racism, repression of culture and migratory patterns that lead to the formation of hotbeds of low socio-economic status and the relegation of minority groups to the periphery of society (Gilbert. 2013). Maori largely worked in semi skilled and unskilled jobs and were paid 90% of the wage their non-counterparts were paid. This has been described by historian Michael King as the creation of a "brown proletariat" (Sanderson, 2007) based on class struggle which he argues is the foundation of capitalism and the root cause of all other forms of struggle or conflict within capitalism.