> 2. Disparate outcomes, either in terms of arrests, commission of crimes, or false positives/negatives, does not make this (or any other) system racist as long as explicit discrimination is not being performed based on race.

This definition of racism, and bigotry more generally, is too narrow to be useful. For some well known examples look up how applicants from certain ZIP codes were more likely to be denied financial services. Or how resumes with certain names were less likely to be hired despite the same experience. Race wasn't an input in those decisions yet the end result is obviously racist.

You seem like a critical thinker, so please consider this question:

If companies and government agents generally aren't even unintentionally racist, how do you explain people of color's significantly worse outcomes?

https://en.wikipedia.org/wiki/Redlining

https://hbswk.hbs.edu/item/minorities-who-whiten-job-resumes...