The criminal Justice System: An analysis of equality among all In the American life there is reasonable doubt to state that all citizens are treated equally. Equality among all is something that has been fought for and should be put into action. However, it is evident that in the legal system of the United States there is no such thing as equality. People get treated differently depending on different factors. It is not fair for people to get different treatment just because let’s say they are a different race or have different beliefs then others. Each person is unique and therefore should not be treated differently just because they are different. So should the US propose legislation to reinforce equality under the law? Yes, the US should propose legislation to reinforce equality under the law as everyone deserves the same opportunity. Today in American there are millions of people who enter the legal system due to different kinds of …show more content…
“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
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 justice system is in place in America to protect its citizens, however in the case of blacks and some other minorities there are some practices that promote unfairness or wrongful doing towards these groups. Racial profiling is amongst these practices. In cases such as drug trafficking and other criminal acts, minorities have been picked out as the main culprits based off of skin color. In the article “Counterpoint: The Case Against Profiling” it recognizes racial profiling as a problem in America and states, “[In order to maintain national security] law-enforcement officers have detained members of minority groups in vehicles more than whites”…. “these officers assume that minorities commit more drug offenses, which is not the case” (Fauchon). In relationship to law enforcement there has also been many cases of police brutality leaving young blacks brutally injured, and even dead in recent years, cases such as Michael Brown, Dontre Hamilton, Eric Garner, Tamir Rice, and Freddy Gray just to name a few. Many of these young men were unarmed, and the police involved had no good justification for such excess force. They were seen as threats primarily because of their skin color. Despite the fact this nation is trying to attain security, inversely they are weakening bonds between many of its
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
Racial profiling, as defined in Criminal Justice Today is, “Any police-initiated action that relies on the race, ethnicity, or national origin, rather than the behavior of the individual…” (Schmalleger, 2009, p. 294) but is racial profiling limited only to police action? In June off 2002 a telephone survey of adults was conducted by the Roper Center for Public Opinion Research, University of Connecticut, in this survey people were asked, “Do you think that African Americans’ civil rights are being respected by the country’s criminal justice system?” 69% of Non-Hispanic Whites said, “Yes, they are respected.” as opposed to 33% of African Americans that think the justice system is fair. (Cole & Smith, 2007, p. 104) What causes this huge percentage gap among the races? Within our criminal justice system there are many disparities and cases of suspected discrimination, because of that our country is race divided on the issue of whether or not discrimination exists in a system perceived as the best of it’s kind.
2010, “Racial Disparities in Sentencing: Implications for the Criminal Justice System and the African American Community”, African Journal of Criminology and Justice Studies 4(1): 1-31, in this Albonetti’s study is discussed in which it was found that minority status alone accounted for an additional sentence length of “one to seven months.” African American defendants were “likely to receive pretrial release but were more likely to be convicted, and be given harsher sentences after conviction than white defendants charged with the same crimes.” One of the reasons behind this are the sentencing laws, it is seen that these laws are designed in a way that they tend to be harsher towards a certain group of people, generally towards the people of color than others thus leading to inequality with the sentencing
Many people claim that racism no longer exists; however, the minorities’ struggle with injustice is ubiquitous. Since there is a mass incarceration of African Americans, it is believed that African Americans are the cause of the severe increase of crimes. This belief has been sent out implicitly by the ruling class through the media. The media send out coded messages that are framed in abstract neutral language that play on white resentment that targets minorities. Disproportionate arrest is the result of racial disparities in the criminal justice system rather than disproportion in offenders. The disparities in the sentencing procedure are ascribed to racial discrimination. Because police officers are also biased, people of color are more likely to be investigated than whites. Police officers practice racial profiling to arrest African Americans under situations when they would not arrest white suspects, and they are more likely to stop African Americans and see them as suspicious (Alexander 150-176). In the “Anything Can Happen With Police Around”: Urban Youth Evaluate Strategies of Surveillance in Public Places,” Michelle Fine and her comrades were inspired to conduct a survey over one of the major social issues - how authority figures use a person’s racial identity as a key factor in determining how to enforce laws and how the surveillance is problematic in public space. Fine believes it is critical to draw attention to the reality in why African Americans are being arrested at a much higher rate. This article reflects the ongoing racial issue by focusing on the injustice in treatment by police officers and the youth of color who are victims. This article is successful in being persuasive about the ongoing racial iss...
“Most modem sentencing systems in the United States express an explicit commitment to ensuring that a defendant 's sentence is not affected by the defendant 's race or gender (Hessick, 2010).” Even though individuals are protected through the Bill of Rights and Sentencing Reform Acts, there are still disparities in sentencing within the criminal justice systems. Often, race and gender bias negatively affects sentencing.
Sentencing disparity refers to the differences in sentences that are passed down in the same instances. This can happen on a variety of fronts. It can occur with judges, in different states, states v. federal, different prosecutors, among different victims, etc. (Criminal – Sentencing…2017 p.4) A more specific definition from USLegal.com states that, “Sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law.”. There are a variety of ways that sentencing disparity affects the justice system. There are three factors that disparity looms around; they are gender disparity, racial disparity, and age disparity. (4
Although not everyone agrees that African Americans are treated unfairly in the Criminal Justice system, there is proof. African American males are unfairly targeted by Law Enforcement. African American males also serve on average more time than the average White American male for the same types of crimes. African Americans are more commonly misidentified from eye witness accounts than white Americans. Race should not be taken into account when dealing with a crime inside of the criminal justice system.
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...
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.
These statistics demonstrate that racialized mass incarceration exists in the U.S. There are a few reasons why African Americans are discriminated against by the legal system. The primary cause is inequitable protection by the law and unequal enforcement of it. Unequal protection is when the legal system offers less protection to African Americans that are victimized by whites. It is unequal enforcement because discriminatory treatment of African Americans that are labeled as criminal suspects is more accepted.
In their lifetime, one in three African American men can expect to go to jail because of their skin color. Racial Justice and profiling is a huge issue in America because innocent men and women are being targeted because of their skin color. On February 26, 2012 a young African American teenager was shot and killed because of his skin color (“Crime and Race Follow-up: Shooting of unarmed Black Teenager in Florida creates Civil Uproar.” Issues and Controversy Facts on File News Services, 16 April 2012. Web. 11 Feb 2014). Racial inequality is as real as it was fifty plus years ago during the Civil Rights Movement, and we need to work together and stop the hate.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Unfortunately, different police departments have opted to stigmatize this racial group as major generators actors of violence. Therefore, the proceedings against African-Americans is different. Furthermore, if we add the bitterness with which many individuals live in this racial group because of the slavery suffered from the last century, also the cruel racial discrimination to which they were subjected for decades made a trigger to the excessive violence that we live in today when these cases