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Racial disparities in the US judicial system
Discrimination in the judicial system united states
Racial discrimination and judicial
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The criminal justice system in the United States seek to create equality for all its citizens under the law, however, existing systems give advantage to some groups over others. Systemic bias, along with prejudice and generalization, has created division among groups in many social issues. Uncovering disparities between various group interactions is crucial in addressing long standing social issues; this is a good first step at fixing these issues. This paper will analyze the U.S criminal justice system’s treatment of normative white groups over ethnic minorities through privilege, in areas of race, gender, and social class, to show the results of such interactions.
Before going any further however, it is important to understand what normative
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Prior and Jones state, “normative privilege, occurs when the standard for evaluation reflects and maintains the already existing privilege of the more powerful group…this power dynamic, we have a tendency to focus on only one portion of the dichotomy when discussing difference” (2017, p. 13). There are huge differences in how individuals are treated based on their ethnicity within the criminal justice system. Media outlets also perpetuate existing gaps with unfair treatment of non-whites by law enforcement; statistics show that minority groups are at a disadvantage when dealing with the criminal justice system. In the article, “Black–White Disparities in Criminal Justice Referrals to Drug Treatment,” it states, “Black–White disparities in criminal justice processing linked to drugs are noteworthy. In 2010, for example, Blacks were 2.6 times more likely than Whites to be arrested for drug possession in the U.S. (Blacks = 7.0 per 1000 population, Whites = 3.7” (McElrath, Taylor, Tran, 2016, p. 2). This is a prime example of how individuals in the normative group hold privileges over the justice …show more content…
Module 1 describes privilege, “a right or advantage that some people/group have that other people/groups do not have. Privileges may be earned or unearned by individuals, families, or groups of people” (2017). Furthermore, Prior and Jones point out privilege can be earned or unearned and can be difficult to understand if they themselves do not experience it (p.6). Unearned privilege can be someone who is born into a family that is rich, whereas, earned privilege may be someone coming from a poor background gaining their wealth through hard work. The individual born into a wealthy family is at an advantage because their family ties may already have close relations in succeeding. The person who is poor must strive to earn the same level of privilege because their family is not accredited. This relates to the criminal justice system because people with money tend to have more privileges in disputing cases, and overcoming crimes accused against them. Those who lack money cannot pay for high end representation, and are less likely to dispute cases because they lack the resources to do so. White privilege is described in the article, “White privilege: Unpacking the invisible knapsack,” as “an invisible weightless knapsack of special provisions, maps, passports, codebooks, visas, clothes, tools, and blank checks…whites are carefully taught not to recognize white privilege, as males are
In her article, “White Privilege: Unpacking the Invisible Knapsack,” Peggy McIntosh writes about the privilege white individuals get without noticing it. McIntosh talks about how whites are taught to not recognize their privilege. McIntosh having a background in Women’s Studies, she also talks about how men have more privileges than women, yet they rarely recognize it. In the article McIntosh claims that “After I realized the extent to which men work from a base of unacknowledged privilege, I understood that much of their oppressiveness was unconscious.”
There have been different outcomes for different racial and gender groups in sentencing and convicting criminals in the United States criminal justice system. Experts have debated the relative importance of different factors that have led to many of these inequalities. Minority defendants are charged with ...
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
The two articles that had a profound impact to my understanding of race, class and gender in the United States was White Privilege: Unpacking the Invisible Knapsack by Peggy McIntosh and Imagine a Country by Holly Sklar. McIntosh explains the keys aspects of unearned advantage (a privilege that one group hold over another) as well as conferred dominance (the act of voluntarily giving another group power) and the relationship that these factors hold when determine power of a social group. Additionally, the purpose of McIntosh’s article was to demonstrate the privilege that certain individuals carry and how that translates to the social structures of our society. Furthermore, conferred dominance also contributes to the power of the dominant group
Everyone has privilege in one way or another. People feel that privilege is give to one race more, instead of every race. The race that it’s getting more privilege is the White race and with that comes White privilege. White means the people who have a light skin color also known as Caucasian or European and privilege means an advantage over others. An example of privilege is getting away with something that someone may not get away with. So White privilege is defined as “an invisible package of unearned assets that [someone that is White] can count on cashing in each day, but about which [they were] ‘meant’ to remain oblivious” (McIntosh 1990: 1). McIntosh is saying in that quote is that Whites do not recognize that they have this privilege
Money is something that ties in with white privilege because they have access to better schooling which means better jobs and more money. A poor African American or a minority person who lives in an urban setting has to take what they get because they do not have the money or the resources to pick and choose which school they would like to attend, so they are already one step behind the privileged kids. In addition, Peggy McIntosh article “White Privilege: The Invisible Knapsack,” she states “As a white person, I realized I had taught about racism as something that puts others at a disadvantage, but had been taught not to see one of its corollary aspect, white privilege, which puts me at an advantage” (537) McIntosh is saying that throughout her youth she realizes with resources or not, the privilege is given unto her whether she earn it or not because of her race. What she means is that society’s look on race and not their background and think that white people gain more privilege than black people which is
In her 16 January 2016 The Washington Post editorial, “What is White Privilege?”, Christine Emba asserts white privilege is a societal advantage inherent in people who are white, irrespective of their “wealth, gender, or other factors.” According to Emba, white privilege makes life smoother and is an entity that is hidden or unknown until the privilege is taken away. Although racism is still a rampant issue in society today, white privilege is a concept created by the progressive left in order to brand whites as a scapegoat for issues and adversities that non-whites face. This concept of privilege ultimately causes further dissension between whites and non-whites.
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
Privileges are things that a person receives that gives them an advantage over most people (Merriam-Webster). These are benefits that only certain people receive for being in a certain group or discourse. Peggy McIntosh, director of the Wellesley College Center for Research on Women, wrote “White Privilege and Male Privilege” and states “I think whites are carefully taught not to recognize white privileges, as males are taught not to recognize male privilege” (605). She argues that whites and males receive certain privileges, yet they do not even notice them. This shows that different races and women are still put at a disadvantage, but the people who receive the benefits are blind to the problem.
Nationwide, blacks are incarcerated at 8.2 times the rate of whites (Human Rights Watch, 2000).” This difference in proportionality does not necessarily involve direct discrimination; it can be explained by a number of combined factors. Correctional agencies do not control the number of minorities who enter their facilities. Therefore, the disparity must come from decisions made earlier in the criminal justice process. Law enforcement, court pre-sentencing policies and procedures, and sentencing all have a direct effect on the overrepresentation of minorities in the correctional population.
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
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.
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
“White privilege is like an invisible weightless knapsack of special provisions, maps, passports, codebooks, visas, clothes, tools and blank checks” (McIntosh, 172). White privilege is all around us, but society has been carefully taught
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...