Sometimes there is no difference between natives and foreigners, if both of them are creeps.
Oh fuck! Zing!
@Req - Normalize the numbers however you want, the effect is still racism. The stats take into account criminal history. The intent of the system is not racist, the racism comes from the human factor. A manifestation of the human fear of 'the other'. Note that criminal history is the only thing properly taken into account in sentencing out of the things you listed. The others are likely considered at a more subconscious level, but amount to no more than racism by proxy. Or more accurately, classism.
Well- I wouldn't say at a subconscious level, but rather at a functional or pragmatic one. I think the reason why it isn't racism is because the system is not targeting members of that race. They just happen to be in the statistical majority of crimes committed warranting more severe punishment. The statistics will make it look like racism no matter how you wind it. Judges most definitely take into account your station in life-- if you get caught for possession as a student in a 4-year university, you're less likely to see significant punishment as you would from, say, an unemployed 40-year old single man living in section-8 -- even if in both cases there were no criminal records.
I may be completely off-basis, but my experience with judges suggests that they take personal character, location, and position in life into account when sentencing people. This is most definitely classist, but if we look at the stats irrespective of race and focus solely on class, then the trends show that poor folk commit crimes more often. Even if that bias isn't held against someone in court, the fact that they live in an area where there is a zero-tolerance policy toward crime will bone them.
I will certainly concede that blatant racism exists in a number of places in this country- but I don't think that the statistical racism that your talking about is as substantial as the statistics may imply.