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The pros and cons of critical race theory
Racial inequality in the US justice system
Tenents of critical race theory
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As one grows older, certain trends begin to appear that are difficult not to notice. Naivety begins to fade and the harsh realities people are faced with every day present themselves. These realities shape how people perceive and treat others. A certain theme, or rather lack of theme, that is extremely pertinent in today’s society is the notion of humanity. Humanity is defined, by Merriam-Webster, as the quality or state of being humane or having a compassionate disposition. Just Mercy, by Bryan Stevenson, is a book that perfectly embodies the theme of humanity. In this book, the reader follows the author throughout his journey from an idealistic, young lawyer to a revered attorney in his quest for justice for those deemed unfavorable by our …show more content…
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
The non-fiction text I decided to read that led me to my topic of Capital Punishment is titled, Just Mercy by attorney-at-law Bryan Stevenson, and it provides stories of a lawyer who wanted to bring justice to the court system by helping men, women and children, sentenced to death row by helping them obtain their freedom. The book first begins with a back story of the Mr. Stevenson. Bryan Stevenson is a graduate from the law soon of Harvard. His interest in Death Row cases grew when the law office he was interning for sent him to talk to a man, Walter McMillian, who was sentenced to death row after wrongfully being accused of a murder he did not commit and was framed for. Mr. Bryan helped him, and Walter was eventually released about six years in death row. In the book, Mr. Stevenson goes through many cases that he has taken upon, some failures and some great success. The people Bryan helped were mostly minorities who faced racial bias at the time of their trial. He represented not only men, but also children. There’s stories about how a woman whose baby was born dead was sentenced to prison
In the book Just Mercy by Bryan Stevenson is a memoir where Bryan Stevenson guides us through his life as a lawyer for those who are death sentence. From 1983 when he was student at Harvard Law to 2013 where he lost a client he was defending for years , he takes us through several cases he has taken over the years and showed how they personally impacted him as not only as a lawyer , but a person as well.
Just Mercy touches on the idea of racial inequality and profiling the modern day american justice system by bringing us to a variety of cases that demonstrated this injustice. Bryan Stevenson also referenced an experience he personally had where he was being targeted by authorities for no good reason other than racial profiling. This theme of racial injustice and profiling connects Just Mercy to To Kill a Mockingbird. This idea is brought upon in To Kill a Mockingbird with Tom Robinson’s court case in which he is accused of committing rape. Many people judged Atticus Finch for defending Tom, not because of the allegations of committing rape, but rather the fact that he was defending a black man. Further proving the point that the contents in To Kill a Mockingbird can still be valuable today.
In Bryan Stevenson’s essay, “Close To Death: Reflections on Race and Capital Punishment In America” he claims that there is a tremendous racial problem in our criminal justice system. Stevenson explains,
There were many innocent people that were punished for crimes they did not commit because they could not afford adequate counsel. Being poor and black can become a life or death situation. I believe that both books makes very valid points when it comes to mass incarceration and racial biases. The injustices have become so engrained in the system that many are blind to what is actually going on. More and more black men are becoming incarcerated and this is not because more blacks commit crime, so why then are so many being institutionalized? I believe it is to try to regain that power that was lost from the abolishment of slavery. The New Jim Crow highlighted the creation of the new racial caste system by revealing that the conception of this permanent segregation was implanted well before the Civil Rights Movement ended (Stevenson, 2014). While Just Mercy pinpoints the aftermath of a preconceived idea. It showed that America operated off of fear and anger, rather than truth and
Critical Race Theory (CRT) began in the field of law and has been used as a theoretical framework in educational research for over 15 years (Savas, 2014). Gloria-Ladson-Bilings and William F.Tate IV’s wrote an article, “Toward a Critical Race Theory of Education”, in 1995 and began the use of Critical Race Theory as a lens for future studies in education. The first tenet of CRT looks at race and racism through historical contexts. To explore this tenet, I will take a brief glance back to the beginning of our country and the beginning of white as a superior race.
“Just Mercy” by Bryan Stevenson (2014) really uncovers the devastating truth behind our justice system, from people who provide false testimony on a whim, to biased jurors, to an entire court system that does not, chooses not, to recognize its own errors. The book focuses on the Walter McMillan case, and is interwoven with chapters of how Stevenson came to study law, with different cases he’s worked on braided in with accurate and relevant facts throughout. The story, from a perspective as a person that is relatively against the death penalty, and certainly is against youth being punished to “die in prison” (a term used by Stevenson that is much more factual) is heartbreaking to read.
The novel, Just Mercy, by Bryan Stevenson is an incredible read. In this book, Mr.
Race, gender, and socioeconomic status are enduring social characteristics that influence life outcomes and children and adolescents cannot control (Murphy, Gaughan, Hume, & Moore, 2010). With the unequal distribution of society’s resources based on race and gender and the negative view of African American males, African American males’ ability to access and complete college is hampered. Although athletics is often viewed as a way to improve one’s life chances, African-American male athletes perform worse academically than any of their peers (Murphy, Gaughan, Hume, & Moore, 2010), which threatens their college completion goals.
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.
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 Bryan Stevenson’s book Just Mercy: A Story of Justice and Redemption, he uses methods of gothic language, partial language, biased facts and repetition to portray prisons in a negative light, allowing him to subtly persuade the reader, he often times does this through the negativity of prisons focusing on: prison guards, the structures themselves and the mistreatment of the prisoners. This method is a vital form in storytelling, but often times detracts from the overall message of Just Mercy and the injustices of the prison system.
When a natural disaster hits an area, people react by helping each other and repairing infrastructure. When technology starts to integrate into people’s lives while other technology withdraws, society reacts by adapting to technological progress. When conflicts arise and advancement is required, stagnancy is not the solution. Change is constantly needed as the general population’s ideologies transform. In Bryan Stevenson’s Just Mercy, Bryan, a young attorney attending Harvard Law School, takes an internship in Alabama that requires him to work first hand with inmates on death row. With Bryan’s pursuit of justice and mercy for the wrongly accused, numerous intellectual decisions must be made to achieve change in the American Justice System.
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
Introduction We live in a society where race is seen as a vital part of our personalities, the lack of racial identity is very often an important factor which prevents people from not having their own identity (Omi & Winant, 1993). Racism is extremely ingrained in our society and it seems ordinary (Delgado & Stefanic, 2000). However, many people denounce the expression of any racist belief as immoral (Miles & Brown, 2003) highlighting the complicated nature of racism. Critical Race Theory tries to shed light on the issue of racism, claiming that racism is ingrained in our society both in legal, cultural, and psychological aspects of social life (Tate, 1997). This essay provides us with the opportunity to explore this theory and its influence in the field of education.