This chapter constitutes the first of three chapters dedicated to the three points of disadvantage identified in the three-point intersectional lens proposed here, alongside its corresponding theoretical framework: race and Critical Race Theory. This chapter begins by considering the significance of race and the related difficulties in defining popular conceptions of race. The chapter then engages in a brief history of Critical Race Theory in order to ground the historical and political contexts of the theory and conducts a comparative analysis of the United States Supreme Court case of Brown v Board of Education and the Australian High Court case of Mabo (No 2) v Queensland through the lens of CRT. While neither of these cases involves a carceral response, a close analysis of each is important in developing an understanding and appreciation of the way race is viewed, and reflected, in law. This serves to establish the utility of CRT in establishing “race” as a point of intersection in the Australian context. This chapter then addresses the role of CRT in understanding the experience of First Nations people more generally in the Australian criminal justice system.