It's not a literal racial hierarchy, since segregation and slavery were abolished the systemic racism in the US operates mostly in a de facto manner through things like biased sentencing and a higher likelihood of being arrested. And you do agree that money is a big factor, look at the wealth distribution in US. White people on average hold more wealth than people of color. Therefore white people are more likely to afford a good lawyer. This is one way in which racism turns into material effects for people even if the system states "all men are created equal". A wealthy black person in the US may be able to have a fair trial with a good defense, but all other things equal, the data shows that the system favors white people over others.

This is why sociological research is important, for each individual there may be no clear way to see the level of disparity. A black person may feel that they were given a fair trial but won't be aware that a white person charged with the same crime is likely to be sentenced more leniently.