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Racial disparity in criminal justice
Racial disparity in criminal justice
Racial Discrimination in the Criminal Justice System
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Analytical Essay
When put to trial does race play a part in the final decisions on our lives? The theme of inequality is very frequent throughout the text, inequality based upon race, and inequality based on fear. I intend to analyze the inequality received by Carl Lee throughout the trial because of his race or because of the fear place in the minds of the people.
Carl Lee receives inequality in his trial merely because of the color of his skin. Carl Lee knew once he killed the two men who brutally raped and beat his daughter that he would not receive an easy, fair trial. “America is a wall and you are on the other side. How’s a black man ever going to get a fair trial with the enemy on the bench and in the jury box? My life in white hands.” (Grisham, John. A Time To Kill. Wynwood Press, 1989.) Carl Lee knows that he would not receive the trial that he believes he deserves. The people watching and listening to the case who are in the jury box, the judge’s seat, and the audience are all white, and they only see Carl Lee as a guilty black man. The only thing that sets Carl Lee apart is the color of his skin. Carl Lee is not seen in this courtroom because he killed two men, he is seen in the
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courtroom because he is a black man who murdered two men. Carl Lee’s daughter was brutally raped and beaten; he insured his precious daughter that the two men who stole her innocence would never harm her again. Carl Lee received inequality in his trial also because of fear.
Fear was not only seen in the jurors but also in the judge, in Jake, in Carl Lee, in the audience inside and outside the courtroom, and in everyone anticipating the trial. Carl Lee couldn’t receive a fair trial because of the fear spread throughout the entire courtroom. The jurors were filled with fear from the intimidation placed in their lives from the KKK. The jurors’ yards were being filled with burning crosses and other methods used to try to convince them to vote for Carl Lee to be found guilty. The judge seemed somewhat afraid to change the venue. Jake was filled with the fear of not being able to help Carl Lee prove the reasoning for him doing what he did. Carl Lee was afraid because he knew
that Jake was still taking the wrong approach. “Nigger, Negro, black, African-American, no matter how you see me, you see me different, you see me like that jury sees me... you are them.” (Grisham, John. A Time To Kill. Wynwood Press, 1989.) Throughout the text inequality based upon race, and inequality based on fear was seen very frequently in not only the trial but also in their everyday lives. Carl Lee was seen not a guilty man because he murdered two men; he was seen as guilty because of the color of his skin. A man’s verdict should not be determined based on his color. We are all human, we bleed the same, eat the same, breathe the same, and our hearts pump the same. The color of someone’s skin should not change the treatment they should receive.
The purpose of this essay is to compare three very similar cases, the Scottsboro Trials, Brown v. Mississippi, and the fictional trial of Tom Robinson in Harper Lee’s To Kill a Mockingbird; and to prove why the defendant of the third trial never had a chance. Each took place in the rural South in the 1920’s and 30’s and involved the unfair conviction of young black males by all-white juries pressured by the threat of mob violence. Each lacked the evidence sufficient for conviction, most especially for the death penalty. Last, heroes emerged from each trial and made small but solid steps towards equal justice for all.
The hypocrisy and double standard that allowed whites to bring harm to blacks without fear of any repercussions had existed for years before the murder Tyson wrote about occurred in May of 1970 (Tyson 2004, 1). Lynching of black men was common place in the south as Billie Holiday sang her song “Strange Fruit” and the eyes of justice looked the other way. On the other side of the coin, justice was brought swiftly to those blacks who stepped out of line and brought harm to the white race. Take for instance Nate Turner, the slave who led a rebellion against whites. Even the Teel’s brought their own form of justice to Henry Marrow because he “said something” to one of their white wives (1).
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
Robinson trial; (2) prejustice and its effects on the processes of the law and society; (3)
Gaines’ novel is centered on a massive injustice, which is a young man who is falsely convicted of first-degree murder and sentenced to death by electrocution. When Jefferson was brought into a trial for the murders of the three white men in the bar, most of the jury quickly assumed that he was guilty due to his skin color, because, at that time, the assumption of innocence does not
.guilty. . .guilty. . .guilty. . .” (211). By using only four guilty’s, Lee is able to demonstrate that the word of two white people has a greater effect than that of an African American even though the man who was put up for his life had not harmed, nor had he ever damaged anything he came into contact with.
In the 1930’s a plethora of prejudiced persons are present amidst the prominent Scottsboro trials, a seven-year-long case consisting of false rape allegations made against nine black boys from Scottsboro. When citizens fail to acknowledge their own preconceived ideas and look past the prejudice present in society, justice cannot be served. In the Scottsboro case, the court of Alabama disregards the societal issues surrounding racial discrimination and endorses the guilty verdict and conviction of the nine African American boys. Failing to look past their own personal biases, the jury ignores the unquestionable evidence that would support the boys’ case. Instead, the jury focuses on their predilection
Harper Lee sheds light upon the controversy of racism and justice in his classic novel, To Kill a Mockingbird. The notion of equality in accordance to the law and the pursuit of justice are hindered by racial discrimination. The essential essence of human nature is pondered. Are we inclined to be good or in the wrath of evil? The novel reflects on the contrasting nature of appearance versus reality.
After his clients were found guilty of rape and sentenced to the death penalty for a third time, Sam Leibovitz noticed a disturbing trend in the courtroom. Out of the multitude of jurors used in each hearing, none of them were black. Every single one was a white southerner, and Leibovitz felt as though the jury was rigged in favor of the prosecution. This was exceedingly common in the South at this time, as many states excluded people of color from sitting on a jury. In Norris versus Alabama, Leibovitz voiced his concerns to the United States Supreme Court. This landmark case was unorthodox, as Leibovitz had the jury rolls from the cases brought up all the way from Alabama to be read by the justices. The preponderance of the names on the lists were those of whites, but there were a few names belonging to blacks at the bottom of some of the pages. These were all hastily scrawled, as if they were added recently. Leibovitz argued that they were written there merely to show that Alabama did not intentionally influence the jury against the boys, when they actually did. The Supreme Court voted for Leibovitz, and ruled that all people, no matter their skin color, should be able to vote on a jury. This verdict would be instrumental for later race-based proceedings in the future. During the Civil Rights Movement in the 1960s, many crucial cases were won because of empathetic, equal
It was shown that if the trial was left to stay after the final verdict was called then 8 innocent men would die and one would be imprisoned all because the thought of "All blacks were liars, and all blacks are wrongdoers," was fresh in the peoples minds. Parallels and bias were shown in both cases, with every racist witness showing bias towards the black men who were accused. The major characters that were involved in the trial were similar too. Both Atticus and Judge Horton fought for the equal treatment of blacks in the judicial system as the whites. The accusers of the black men were similar too; it seems like the book was made after the actual Scottsboro case.
Welch, Kelly. 2007. “Black Criminal Stereotypes and Racial Profiling.” Journal of Contemporary Justice 23(3): 276-288 also talks about the discrimination within the courtroom, in the court it has been shown that the prosecutors when fighting a case against the defendant who’s client is Black use their race as an argument to win the case. They try to show how Black people are prone to be violent due to racial factors and therefore should be sentenced harshly. Given the history, unfortunately this argument sets in well and therefore leads to sentencing and prison time for the Black
In the graphic novel Race to Incarcerate the mass incarceration of black men is refereed to as a new form of slavery. The system is set up to drag minority men into imprisonment. Once blacks are arrested they are more likely than white counterparts to be charged, convicted and serve harsher prison sentences. Sentences that go on their permanent record, that is if they are released. In numerous cases black defendants are unable to higher a lawyer, and given a Public defender, who tend to push plea deals onto clients. Plea deals can be pushed even if the person is truly innocent, as a way to end the case. And the very few cases that make it to trial with jury’s have a disproportionate number of all white jury’s and black defendants. Ultimately, these factors increase the likelihood of imprisonment for African Americans. But perhaps the most significant factor in the astonishing rates of blacks behind bars is the ongoing and longest war in American
In several cases and studies, there is a substantial amount of racial bias in the criminal justice system. In fact, the 1978 McClesky conviction has proven to support Baldus’s study in 1998. Warren McClesky, an African American male, was found guilty of killing a Georgia police officer. The legal team who represented McClesky exposed a study that showed how biased racial inequality is in the death penalty, but the court contended the argument because “disparities in sentencing are an inevitable part of our criminal justice system” (Touré). Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the
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.
People are responsible for acting according to their conscience. The justice system was created in order to be our aid in making moral and ethical decisions, but when the Justice system fails, we should still be able to follow our conscience to make the right the decision. In Harper Lee’s novel “To Kill a Mockingbird,” one of the characters, Atticus Finch, helps not only characters in the book, but the readers, understand that the legal system does not always serve justice, in fact, the legal system only is as moral and just as the community it serves. In the town of Maycomb, just like many towns in the American south during the 1930s, racism as a personal feeling and racism as a cultural, legal, and economic institution are practically one