@maporsche,
Now we are getting to the tricky bit, and I can't come to a decision about what's best or fair.
If you take this to the extreme to demonstrate the problem... Imagine two tribes live next to each other. One has guns, the other not. One tribe steals everything they own and makes them slaves. Then they become more enlightened and declare equal rights for all, with equal penalty for theft, whether you come from the half of the tribe that previously took everything, or from the half from whom everything was taken. Perhaps there should have been a period of equalization first?
In the real case, worldwide, this equalisation has not happened, and European Imperialism took the best of everything and kept it to this day.
So ideally, yes, I'd love to see laws treat people equally, but is that really fair? Perhaps. Perhaps not.
For another real life example, look at the plight of our aboriginal population in Australia. We can't just say "right, it's a fair race from now". But what to do? I don't know. I don't think anyone does.
One thing I do know, is that crime that occurs in aboriginal communities is certainly not entirely their own fault. The same is true in America, though it may not be as obvious for a variety of reasons.