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Racial inequalities in the criminal justice system
Racial inequalities in the criminal justice system
Poverty and crime relationship
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The policies of the criminal justice system are economically biased and racially discriminatory. This results in the poor and minorities being disproportionately arrested and imprisoned. They are also more likely to receive harsher and longer sentences. The system “weeds out the wealthy” by not punishing the crimes committed by the rich (a.k.a White Collar Crimes) as severely as those committed by the poor. This discriminatory process is explained using a transmission belt and a funnel. There are two separate belts for the poor and the rich. The transmission belt of the poor, is easier to ride and rather difficult to fall off along with shorter orders into prison. While the belt of the rich is much slower and exiting the belt is easier. The funneling occurs during the sentencing process. The population of people who go through the funnel (the criminal justice system) is relatively large; however, as the process continues, this group grows smaller. At the end of the funnel, all who is left is the poor and the racially disadvantaged. An example which supports the reason for differential treatment of the rich and the poor, is the class difference and access to resources. This can include a chance at getting a high profile lawyer or paying their bail. This also includes living situations of those in poverty. It is more likely for arrests for drugs to occur in inner cities opposed to the suburbs.
The criminal justice system creates a distorted image of what crimes are dangerous and who commits them. This is compared this to a carnival mirror. In this mirror, the face that is reflected the most, is black. This leads to race being a determinant in who police choose to follow, search, and arrest. Blacks and Hispanics are more likely to receive longer sentences (40 months) than Whites who in comparison receive 19 months for the same crime. Additionally, not only does the race of the offender determine the harshness of the punishment but so does the race of the victim. Much harsher penalties are given to Blacks who kill Whites in comparison to Whites who kill Whites or Blacks who kill Blacks; this is known as double discrimination.
The United States has one of the oldest and most valuable criminal justice system in the world today. The first known example of the punishments was in the sixteenth century. The criminal justice system of America has a such an astonishing history, that system around the world admired our punishments system and reformation system.
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
For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently
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.
The criminal justice system is full of inequality and disparities among race, gender, and class. From policing neighborhoods, and the ongoing war on drugs, to sentencing, there are underlying biases and discriminatory practices in the criminal justice system that impacts minority communities and groups. Fueled by stereotypes and generalizations, it is important to identify and discuss what crimes take place and who actually makes it up.
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
Alexander does an incredible job of covering the issue of race in today’s criminal justice system. We discussed in class that it is a relatively difficult issue to discuss and a sore point of our country, but she recognized the need for it to be addressed from start to finish and really paints a picture of how racially biased the laws are and have been since the days of slavery. I think an important framework to discuss race and the causes and responses to crime is something that Alexander deems the new caste system. She argues that our new system is the rebirth of a redesigned caste system. In her introduction, she notes that “to put the matter starkly: the current system of control permanently locks a huge percentage of the African American community out of the mainstream society and economy. The system operates through our criminal justice institutions, but it functions more like a caste system than a system of crime control” (Alexander, 2012, p. 13)
Racial Disparities in the Criminal Justice System “We simply cannot say we live in a country that offers equal justice to all Americans when racial disparities plague the system by which our society imposes the ultimate punishment,” stated Senator Russ Feingold. 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 Institutional racism is racism that is shown through government organizations and political institutions. In a report done by David Baldus in 1998, he discovered that when it comes to the death penalty, blacks are more likely sentenced to death than whites, and those who kill whites are more likely to be given the death penalty than the killing of blacks (Touré).
Racial disparity in drug-related convictions has been a widespread problem in the United States since the War on Drugs in the early 1980s. It was prevalent before that time, but minorities became the target of drug-related crimes in startling numbers at this time. There are several hypotheses for this alarming situation, but the bottom line remains that racism is the leading cause of racial disparity in drug-related convictions. Minorities from inner cities, with low-incomes and socioeconomic statuses who get caught in a downward spiral, are the easiest targets for the government to point the finger at for drug problems in the United States. The statistics show that while more White people use illicit drugs in the United States, more African Americans and other minorities will be convicted, and more harshly than their White counterparts, for the same crimes.
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.
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,
Even after slavery was abolished as an act of the end of racism and a dominant race, the criminal justice system has been involved in many cases in which racism has been evident. Rosa Parks, as a vivid example, could not help but make public the abuse of authority she felt when denigrated on the bus destined to Cleveland. She was asked by the bus driver to stand up and give up her seat to the white passengers that were standing. However, she refused to give it up and she was arrested. Parks was intentionally disobeying the Alabama Law that required her to forfeit her spot to a white person. This law in and of itself is racist and exemplifies the inequality permeated in the criminal justice
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.
Crime and criminalization are dependent on social inequality Social inequality there are four major forms of inequality, class gender race and age, all of which influence crime. In looking at social classes and relationship to crime, studies have shown that citizens of the lower class are more likely to commit crimes of property and violence than upper-class citizens: who generally commit political and economic crimes. In 2007 the National Crime Victimization Survey showed that families with an income of $15000 or less had a greater chance of being victimized; recalling that lower classes commit a majority of those crimes. We can conclude that crime generally happens within classes.
Today, a vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities. And many aspects of our criminal justice system may actually exacerbate these problems, rather than alleviate them.