It appears that the color of your skin whether it be black, white, brown, red, or yellow doesn’t matter in America anymore. One might assume that this statement is a plausible one, given the fact that we have a male “African American” president, and America is now considered to be a “Post-Racial Nation” (Rush Limbaugh, 2010), where skin color is no longer an inhibiting factor. The truth of the matter is that race has most certainly played a significant factor in America’s history since the early 16th century and through to the 21st century. “Race” is a good predictor of who has power, owns land, receives privileges and opportunities, and who reaps the benefits of those items listed (just to name a few things from an exhaustive list). It seems as if African Americans along with other racial minority groups continue to be the primary targets of extreme discrimination, prejudice, racism and profiling when it comes to their observable characteristics.
The past is a good indicator of the future, and a careful examination of America’s richly eventful historical past will reveal that for a black male in particular, the likelihood of him being racially profiled occurs more frequently than his Caucasian counterparts. According to the declaration of independence which stated “all men are created equal” (Thomas Jefferson, 1776), it is evidently clear that this phrase was and still isn’t applicable toward African Americans. We can look at our nations early colonial era when the period’s powerful and well-to-do elites rationalized the enslavement of Africans and indigenous people as a moral good and service to “the lesser races”. It is universally known in America that the racial caste system of slavery which included racial profiling, lasted ...
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This paper proposes that three major factors play a role in the high rate of convictions of black men versus whites and Hispanics. These factors are the lack of diversity among legal professionals in positions of power for decision-making, specifically those in the criminal justice system; secondly, the racial disparities that exist in arrest conviction and sentencing and thirdly, the incidence of discriminatory actions within the justice system. The paper seeks to examine litera...
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
Though slavery was arguably abolished, “for thousands of blacks, the badge of slavery [lives] on” (Alexander 141). Many young black men today face similar discrimination as a black man in the Jim Crow era - in housing, employment, public benefits, and so-called constitutional rights. This discrimination characterizes itself on a basis of a person’s criminal record, making it perfectly legal. As Alexander suggests, “This is the new normal, the new racial equilibrium” (Alexander, 181).
The prospect of a racially discriminatory process violates the ideals of equal treatment under the law under which the system is premised (Kansal, 2005). Law enforcement, as the frontline of the criminal justice system, has a great deal to do with who ends up being incarcerated. Law enforcement personnel are the initiating beings who start the path to incarceration for individuals they come in contact with. Their decision in terms of making a stop, making a report, making an arrest and so on determines if and how that individual will enter the criminal justice system. One discriminating practice used by police officers is racial profiling.
Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the issue. The injustices that minorities had to deal with in the past are the same inequalities that minorities, especially African Americans, still have to face in today’s society.
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
“African Americans and white Americans do not experience our criminal justice system in the same way beginning with what is often the initial contact with the system.” (Barbour, 391) The initial treatment is when someone is approached by a police officer. Most of the time it during a traffic violation or if the individual meets the criteria of a suspect. In which case the individual is held for questioning or until he is cleared from being guilty. Most of the time when the individual is African American he gets harassed by the law enforcement in comparison to an individual who is a white American who gets treated with respect and the way they should be treated. It is unfair that there is a difference in treatment due to the different races. “Though, as disturbing as some of the forms of ethnic strife may be, perhaps the most unsettling is the differential treatment of ethnic minorities in
Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Retrieved from http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf New Century Foundation. (2005). The Color of Crime: Race, Crime and Justice in America. Retrieved from http://www.colorofcrime.com/colorofcrime2005.pdf Pearson Education. (2008).
Mass Incarceration: The New Jim Crow is the direct consequence of the War on Drugs. That aims to reduce, prevent and eradicate drug use in America through punitive means. The effect of the war on drug policies returned de jure discrimination, denied African Americans justice and undermined the rule of law by altering the criminal justice system in ways that deprive African Americans civil rights and citizenship. In the “New Jim Crow” Alexandra argues that the effects of the drug war policies are not unattended consequences but coordinated by designed to deny African Americans opportunity to gain wealth, be excluded from gaining employment and exercise civil rights through mass incarceration and felony conviction. The war on drugs not only changes the structure of the criminal justice system, it also changes the ways that police officers, prosecutors and judges do their jobs.
The War on Drugs is believed to help with many problems in today’s society such as realizing the rise of crime rates and the uprooting of violent offenders and drug kingpin. Michelle Alexander explains that the War on Drugs is a new way to control society much like how Jim Crow did after the Civil War. There are many misconceptions about the War on Drugs; commonly people believe that it’s helping society with getting rid of those who are dangerous to the general public. The War on Drugs is similar to Jim Crow by hiding the real intention behind Mass Incarceration of people of color. The War on Drugs is used to take away rights of those who get incarcerated. When they plead guilty, they will lose their right to vote and have to check application
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
Policing, Race, and Criminal Injustice." Human Rights. Spring 2009: 6. SIRS Issues Researcher. Pritchard, Justin.
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
The Association of Black Psychologist (ABP) (2013) defines colorism as skin-color stratification. Colorism is described as “internalized racism” that is perceived to be a way of life for the group that it is accepted by (ABP 2013). Moreover, colorism is classified as a persistent problem within Black American. Colorism in the process of discriminatory privileges given to lighter-skinned individuals of color over their darker- skinned counterparts (Margret Hunter 2007). From a historical standpoint, colorism was a white constructed policy in order to create dissention among their slaves as to maintain order or obedience. Over the centuries, it seems that the original purpose of colorism remains. Why has this issue persisted? Blacks have been able to dismantle the barriers faced within the larger society of the United States. Yet, Blacks have failed to properly address the sins of the past within the ethnic group. As a consequence of this failure, colorism prevails. Through my research, I developed many questions: Is it right that this view remain? How does valuing an individual over another cause distribution to the mental health of the victims of colorism? More importantly, what are the solutions for colorism? Colorism, unfortunately, has had a persisted effect on the lives of Black Americans. It has become so internalized that one cannot differentiate between the view of ourselves that Black Americans adopted from slavery or a more personalized view developed from within the ethnicity. The consequences of this internalized view heightens the already exorbitant mental health concerns within the Black community, but the most unfortunate aspect of colorism is that there is contention on how the issue should be solved.
Not only has the drug war failed to reduce violent and property crime, but, by shifting criminal justice resources (the police, courts, prisons, probation officers, etc.) away from directly fighting such crime, the drug war has put citizens’ lives and property at greater risk, Benson and Rasmussen contend. “Getting tough on drugs inevitably translates into getting soft on nondrug crime,” they write. “When a decision is made to wage a ‘war on drugs,’ other things that criminal justice resources might have to be sacrificed.” To support this conclusion, Benson and Rasmussen compare data on drug law enforcement and crime trends between states, and debunk numerous misconceptions about drug use and criminality.