Racial Indifferences In Sentencing Case Study

475 Words1 Page
bulb-icon

Recommended: Racial disparity in sentencing minorities

I believe the federal government has not made satisfactory progress in its efforts to rid the country of racial discrimination in the capital punishment system. There is clear and conclusive evidence of racial indifferences in sentencing. Concern over racial discrimination in federal sentencing remains strong today. Race matters at all phases and aspects of the criminal process which include the quality of representation, the charging phase, and plea agreements. Racial indifferences in sentencing result in part from decisions from prosecutors in the charging phase, suggesting that racial bias affects the ultimate decision of punishment to certain crimes. In general, studies have also found that racial indifferences exist in nonviolent crimes such as theft or drug offenses. Racial disparities in sentencing are consistent with a larger pattern of racial disparities that plague the U.S. criminal justice system from arrest through incarceration. Blacks and Latinos are arrested at disproportionate rates and are extremely represented in the nationwide prison and jail population. Black and Latino offenders sentenced in state and federal courts face significantly greater odds of incarceration than similarly situated white offenders and receive longer sentences than their white counterparts in some jurisdictions. …show more content…

Disproportional confinement of minorities has been recognized as a problem by the federal government. For juveniles, the racial disparities grow with each step into the criminal justice system from arrest, to referral, to secure confinement. According to past research, black youth account for 16% of all youth, 28% of all juvenile arrests, 35% of the youth waived to adult criminal court, and 58% of youth admitted to state adult prison. Black youth are twice as likely to be arrested as white

Show More
Related

  • Race In The Criminal Justice System

    710 Words  | 2 Pages

    There is a serious problem in our justice system. Is not a secret that people are judge by the color of their skin and ethnicity. Unfortunately, race plays an important role in the criminal justice system. Around the world race affects how an individual is perceived and affects how a person is going to be treated. Regrettably, American justice system is not an exception of this wrongdoing. Minorities (blacks and Latinos) are often prosecuted differently than white offenders; verdicts are harsher with longer-term sentences. According to article The Economist, “Justice is harsher in America than in any other rich country. Between 2.3m and 2.4 m Americans are behind bars, roughly one in every 100 adults.” (Economist.com) The majority of inmates are minorities. “The incarceration rates disproportionately impact men of color: 1 in every 15 African American men and 1 in every 36 Hispanic men are incarcerated in comparison to 1 in every 106 white men.”(aclu.org) So, why is the majority of American prison population is minority’s ?

    Read More

  • Analysis Of Bryan Stevenson's Close To Death: Reflections On Race And Capital Punishment

    1861 Words  | 4 Pages

    Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.

    Read More

  • Analysis Of The Rich Get Richer And The Poor Get Prison

    1347 Words  | 3 Pages

    The majority of our prison population is made up of African Americans of low social and economic classes, who come from low income houses and have low levels of education. The chapter also discusses the amount of money the United States loses yearly due to white collar crime as compared to the cost of violent crime. Another main point was the factors that make it more likely for a poor person to be incarcerated, such as the difficulty they would have in accessing adequate legal counsel and their inability to pay bail. This chapter addresses the inequality of sentencing in regards to race, it supplies us with NCVS data that shows less than one-fourth of assailants are perceived as black even though they are arrested at a much higher rate. In addition to African Americans being more likely to be charged with a crime, they are also more likely to receive harsher punishments for the same crimes- which can be seen in the crack/cocaine disparities. These harsher punishments are also shown in the higher rates of African Americans sentenced to

    Read More

  • Mass Incarceration as a Modern Racial Caste System

    1886 Words  | 4 Pages

    In the wake of President Obama’s election, the United States seems to be progressing towards a post-racial society. However, the rates of mass incarceration of black males in America deem this to be otherwise. Understanding mass incarceration as a modern racial caste system will reveal the role of the criminal justice system in creating and perpetuating racial hierarchy America. The history of social control in the United States dates back to the first racial caste systems: slavery and the Jim Crow Laws. Although these caste systems were outlawed by the 13th amendment and Civil Rights Act respectively, they are given new life and tailored to the needs of the time.In other words, racial caste in America has not ended but has merely been redesigned in the shape of mass incarceration. Once again, the fact that more than half of the young black men in many large American cities are under the control of the criminal justice system show evidence of a new racial caste system at work. The structure of the criminal justice system brings a disproportionate number of young black males into prisons, relegating them to a permanent second-class status, and ensuring there chances of freedom are slim. Even when minorities are released from prisons, they are discriminated against and most usually end up back in prisons . The role of race in criminal justice system is set up to discriminate, arrest, and imprison a mass number of minority men. From stopping, searching, and arresting, to plea bargaining and sentencing it is apparent that in every phases of the criminal justice system race plays a huge factor. Race and structure of Criminal Justice System, also, inhibit the integration of ex offenders into society and instead of freedom, relea...

    Read More

  • Race Capital Punishment And The Cost Of Murder By M. Choolbi

    841 Words  | 2 Pages

    The author omits critical information about many factors, which could explain the higher rate of severe sentences for African Americans than White Americans other than racial injustice. The article, “Possibility of Death Sentence Has Divergent Effect on Verdicts for Black and White Defendants” by Jack Glaser, et al. provides an excellent analysis of the racial disparities that Cholbi mentions. Glaser provides clear evidence of how factors such as sentence severity and jury selection can influence sentencing. The authors also discuss how African Americans are though of when discussing crime and how African Americans are considered like apes. However the article discusses how these assumptions comply with African-American behavior; “There is also evidence that in the context of criminality, there is a relatively strong association between Black men and apes. It follows that insofar as Black people may be viewed as being less worthy of humane (or even human) treatment, concerns over punishment severity (even death) would be less consequential” (Glaser et al. 541). The authors stimulate an experiment through mock jurors and found no concrete evidence to suggest banning capital punishment due to racial discrimination. Therefore Glaser et al. does a superior argument when compared to

    Read More

  • Race And The Death Penalty

    2375 Words  | 5 Pages

    Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.

    Read More

  • Racial Disparities In The Criminal Justice System Essay

    802 Words  | 2 Pages

    Even though racism has always been a problem since the beginning of time, recently in the United States, there has been a rise in discrimination and violence has been directed towards the African American minority primarily from those in the white majority who believe they are more superior, especially in our criminal justice system. There are many different reasons for the ethnic disparities in the criminal justice system between the majority and the minority, but some key reasons are differential involvement, individual racism, and institutional racism to why racial disparities exist in

    Read More

  • Racial Discrimination in the U.S. Justice System

    4767 Words  | 10 Pages

    These authors’ arguments are both well-articulated and comprehensive, addressing virtually every pertinent concept in the issue of explaining racially disparate arrest rates. In The Myth of a Racist Criminal Justice System, Wilbanks insists that racial discrimination in the criminal justice system is a fabrication, explaining the over-representation of African Americans in arrest numbers simply through higher incidence of crime. Walker, Spohn and DeLone’s The Color of Justice dissents that not only are African Americans not anywhere near the disproportionate level of crime that police statistics would indicate, they are also arrested more because they are policed discriminately. Walker, Spohn and DeLone addi...

    Read More

  • Racial Inequalities in the Justice System

    1738 Words  | 4 Pages

    According to statistics since the early 1970’s there has been a 500% increase in the number of people being incarcerated with an average total of 2.2 million people behind bars. The increase in rate of people being incarcerated has also brought about an increasingly disproportionate racial composition. The jails and prisons have a high rate of African Americans incarcerated with an average of 900,000 out of the 2.2 million incarcerateed being African American. According to the Bureau of Justice Statistics 1 in 6 African American males has been incarcerated at some point in time as of the year 2001.

    Read More

  • Racialized Mass Incarceration in America

    622 Words  | 2 Pages

    In the United States, the rate of incarceration has increased shockingly over the past few years. In 2008, it was said that one in 100 U.S. adults were behind bars, meaning more than 2.3 million people. Even more surprising than this high rate is the fact that African Americans have been disproportionately incarcerated, especially low-income and lowly educated blacks. This is racialized mass incarceration. There are a few reasons why racialized mass incarceration occurs and how it negatively affects poor black communities.

    Read More

  • Racial Disparities In Sentencing

    1536 Words  | 4 Pages

    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

    Read More

  • Overrepresentation In The Juvenile Justice System

    880 Words  | 2 Pages

    The Disproportionate Minority Confinement is disproportionate representation of the minority youth in the Juvenile Justice system. DMC became core requirement under the Juvenile Justice and Delinquency Prevention Act 1974. Minorities were over presented as perpetrators and underrepresented as victims. The DMC has four components: identify to the cause, asset the problem, to identify the causes, and to develop and help to create a plan to decrease the problem. The Disproportionate Minority Confinement (DMC) of Youth: An Analysis of State and Federal Efforts to Address the Issue by Michael Leiber gave the readers a background and summary of the DMC report and focused on the effort put forward by the state and federal to decrease the overrepresentation

    Read More

  • Racism In 'Just Mercy: A Story Of Justice And Redemption'

    873 Words  | 2 Pages

    The question becomes that, after all the progress we’ve made as a society, why do we still allow racism to exist, especially in our criminal justice system? The Sentencing Project, a non-profit organization that promotes changes in sentencing policies and fights against unjust racial practices, conducted a report in July 2009 and found that non-whites made up two-thirds of the people in the US with life sentences (Quigley, “Fourteen Examples of Racism in Criminal Justice System”). Our society is built upon the idea that whites are superior to all other races and, because of this, we may never be able to fully erase racism. However, we can try. Despite what these and other criticisms say, I believe that all humans are equal in all aspects of life, and that race cannot take away a person’s right to live happily and healthily in this world. Although we have come very far, we still have a long way to go. Our efforts will be worth it the day that jail sentences are based on the crime, not the race of the

    Read More

  • Racism In The Justice System Essay

    1377 Words  | 3 Pages

    When a person of color is being sentenced the unjustness of sentencing is blatantly shown such as in the article Race Sentencing and Testimony which stated, “ These scholars conclude that black male arrestees “face significantly more severe charges conditional on arrest offense and other observed characteristics” and attribute this primarily to prosecution charging decisions” (Mauer 4). This piece of writing explains that for no other reason than race do these people get convicted far more significantly than others who have the same charge but are white, which continues as far as giving a person of color the max sentence that they can have on a certain charge just for the color of their skin. The justice system has turned into the opposite of what it claims to be and continues to grow as a racist overseer, bashing down on those that they believe should be punished as harshly as possible simply for the color of their skin. The system has gone as deep as to making it so that even if a person has not committed a crime, but are being charged for it they can agree to a plea bargain, which makes it so even though the person did not do it the system is going to have them convicted of it anyway (Quigley 1). “As one young man told me ‘who wouldn’t rather do three years for a crime they didn’t commit than risk twenty-five years

    Read More

  • Why the Death Penalty Should Be Abolished

    1035 Words  | 3 Pages

    For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...

    Read More

More about Racial Indifferences In Sentencing Case Study

Open Document