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Ethnic and racial inequalities in the justice system essay
Ethnic and racial inequalities in the justice system essay
Ethnic and racial inequalities in the justice system essay
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crimes and later exonerated, the researchers write, they constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in ‘group exonerations. For homicides, researchers found not just that black people were more likely than white people to be wrongfully convicted, but that innocent black people spent more time in prison before they were exonerated: • “Judging from exonerations, innocent black people are about seven times more likely to be convicted of homicides than innocent white people.” • “African Americans imprisoned for murder …show more content…
are more likely to be innocent if they were convicted of killing white victims. Only about 15% of murders by African Americans have white victims, but 31% of innocent African-American murder exonerees were convicted of killing white people.” • “The convictions that led to murder exonerations with black defendants were 22% more likely to include misconduct by police officers than those with white defendants.” • “Exonerations of innocent murder defendants take longer if the defendant is black, 14.2 years on average, then if he is white, 11.2 years.
For death row exonerations in the Registry the average delays and the difference by race are larger, 16 years for black defendants and 12 years for whites. Overall, the study paints a very clear picture: Black people are disadvantaged within the criminal justice system, leading to massive disparities even among those who are entirely innocent. The causes we have identified run from inevitable consequences of patterns in crime and punishment to deliberate acts of racism, with many stops in between. the researchers found that some of the disparity is driven in large part by higher homicide rates in black communities. CASE STUDY …show more content…
8 HOW DOES RACE PLAY INTO SENTENCING BETWEEN DIFFERENT RACE PERPERATOR AND VICTIMS? According to the Bureau of Justice Statistics, blacks accounted for 39.4% of the prison and jail population in 2009, while non-Hispanic whites were 34.2%, and Hispanics (of any race) 20.6%. The incarceration rate of black males was over six times higher than that of white males, with a rate of 4,749 per 100,000 US residents. Researchers found that law enforcement misconduct and racism also played major roles, such as police deliberately targeting black people for raids, arrests, and false confessions, witnesses identifying the wrong suspect (“a notoriously error-prone process when white Americans are asked to identify black strangers”) and preexisting racial biases among jurors and judges influencing convictions and sentences. FIG 2: PERCENT OF ADULT MALES INCARCERATED BY RACE AND ETHNICITY IN 2009 CASE STUDY 9 IS GENDER AN ISSUE IN MURDER TRIALS AND HOW? DOES RACE PLAY INTO IT? AND HOW? The gender of the victim in a murder trials in the United States always or slightly favors the females, there is a perception that when a male and a female are on loggerheads on a murder case the male is mostly perceived as guilty. Also race places a major factor in murder Cases in the U.S, a black male is likely to be convicted even when innocent, when it involves a white female, also from Fig 2 on this paper, you would find out that a black male is two times more convicted or tried for homicides or murder than any other race in the United States. Among all social groups in the United States, black men and black women experience some of the starkest disparities, inequities, and injustices when it comes to murder cases involving any gender of whites. According to the Federal Bureau of Investigation Uniform Crime Reports data on homicides that occurred in the United States between 1976 and 1987. Only cases that involved victims aged 15 years or older were included. Persons killed during law enforcement activity and cases in which the victim's gender was not recorded were excluded. A total of 215,273 homicides were studied, 77% of which involved male victims and 23% female victims. Although the overall risk of homicide for women was substantially lower than that of men (rate ratio [RR] = 0.27), their risk of being killed by a spouse or intimate acquaintance was higher (RR = 1.23). In contrast to men, the killing of a woman by a stranger was rare (RR = 0.18). More than twice as many women were shot and killed by their husband or intimate acquaintance than were murdered by strangers using guns, knives, or any other means. Although women comprise more than half the U.S. population, they committed only 14.7% of the homicides noted during the study interval. In contrast to men, who killed nonintimate acquaintances, strangers, or victims of undetermined relationship in 80% of cases, women killed their spouse, an intimate acquaintance, or a family member in 60% of cases. CASE STUDY 10 IS THERE A LINK BETWEEN HOMICIDES AND OTHER CRIMES? There is a link between homicides and other crimes in this paper it will be explained with three typologies. The first of the three typologies are homicides committed in relation to other criminal activities that are aimed, directly or indirectly, at obtaining illicit profits. Within such a broad category, two distinct types of homicide can be identified: those committed by organized criminal groups; and those committed while perpetrating other, more conventional criminal acts such as robbery. Although the main goal of organized criminal groups is to generate illicit profit, they may commit homicide for a variety of reasons, from the elimination of rivals and State representatives, to shows of strength and territorial control. The Second is “interpersonal Homicide”, Central to this definition of the second homicide typology is the fact that homicide is not instrumental to the accomplishment of a secondary goal but is rather a means of resolving a conflict and/or punishing the victim through violence when relationships come under strain (including from friction due to social and cultural norms).
The two main categories in this typology are homicide related to intimate partner or family relationships, in which victim and perpetrator are relatives, share the same household and/or an intimate relationship; and other interpersonal homicide, in which the victim and perpetrator may or may not know each other. The relationship in intimate partner/ family-related homicide is distinguished from the relationship in the other interpersonal homicide category by the level of emotional attachment and other links, often of an economic or legal nature, between victim and perpetrator. Homicides within this typology can be the result of a premeditated design or of a random act of violence, but the nature of the relationship between perpetrator and victim is a fundamental feature of this crime. Straddling the divide between the private and public spheres, much of this type of violence is attributed to the very nature of coexisting with and among
others. The third typology encompasses homicides that originate in the public sphere and are typically committed as an instrument for advancing social or political agendas. Power relationships, including among social, ethnic and political groups, are involved and homicide is committed to exert influence over those relationships, whether directly or indirectly. People are killed for what they represent and/or for the message that such killings can convey to the public or to specific sub-sectors. In contrast to interpersonal homicide, the victims of this typology are often anonymous to its perpetrators, or at least the nature of the relationship between them is not a consideration in the decision to kill. Often the result of premeditation and organization, homicides of this type include those resulting from acts of terrorism and hate crime, amongst many others. War and conflict-related killings are also considered acts of socio-political violence but are not included in this category as they are outside the realm of intentional homicides. CASE STUDY 11 WHAT IS FERGUSON EFFECT The Ferguson effect is the idea that increased scrutiny of police following the 2014 shooting of Michael Brown in Ferguson, Missouri has led to an increased crime rate (or sometimes increased murder rate) in major U.S. cities. The mechanism usually suggested is that police have less vigorous enforcement in situations that might lead to backlash, though other mechanisms are suggested. The term was coined by Doyle Sam Dotson III, the chief of the St. Louis police, to account for an increased murder rate in some U.S. cities following the Ferguson unrest. The concept has been criticized by some academics and politicians, including former President Barack Obama, as being inaccurate or non-existent. CASE STUDY 12 IS FERGUSON EFFECT RESPONSIBLE FOR ALL CRIMES Pundits across the country have blamed the “Ferguson effect” for a rise in crime, but one local researcher says there’s not clear proof for the theory. University of Missouri-St. Louis criminologist Richard Rosenfeld Published a report examining whether various factors in the aftermath of alleged police misconduct and heavily publicized protests are driving crime up. He found contradictory evidence, depending on where one looks. Some cities haven’t seen a rise in any major crime category, while some have seen a mixed bag and others are seeing crime up across the board. The result is a “cherry picker’s delight” of data, Rosenfeld said. So, he looked at St. Louis, close to Ferguson and where homicides, other violent crimes and property crimes were all up in 2014, to see what the timing of the increases could tell him, Rosenfeld found that the bulk of 2014’s increase in homicides in St. Louis came from crimes before Michael Brown was shot by a Ferguson police officer on Aug. 9. “We can conclude with reasonable certainty that the events in Ferguson were not responsible for the steep rise in homicide in St. Louis,” Rosenfeld wrote. A rise in other violent crimes in St. Louis began in May 2014, but the rate of increase over the previous year seems to have accelerated somewhat after the Ferguson shooting and subsequent protests, Rosenfeld found. He called that “mixed support, at best” for a Ferguson effect hypothesis. Nonviolent property crimes, meanwhile, were down 15 percent from 2013 before the shooting of Brown. Then they began to grow over 2013 figures and, by December, exceeded the 2013 numbers by about 27 percent, Rosenfeld said. That “offers the strongest evidence in support of the hypothesis that the Ferguson events led to crime increases in St. Louis, at least with respect to timing,” Rosenfeld said. St. Louis Police Chief Sam Dotson, who Rosenfeld credits with coining the term “Ferguson effect,” has cited various possible factors, from police moved to protests instead of normal duty to an “emboldening” of criminals. Others have theorized that officers feel demoralized and thus aren’t as proactive in fighting crime. Jeff Roorda, the business manager for the St. Louis Police Officers’ Association, said there is no question that the Ferguson effect is to blame for the city’s crime crisis. “As you’ve got this gravitational pull of anti-police sentiment from demonstrators, politicians and media that is causing a high tide on crime and a low tide on enforcement. ” Roorda said, “the two together create a real problem.” Dotson said he still believes in some aspects of the Ferguson effect, but said no matter the cause the increase in crime is real. “I’m seei
“A report by the United States General Accounting Office in 1990 concluded that 82 percent of the empirically valid studies on the subject show that the race of the victim has an impact on capital charging decisions or sentencing verdicts or both” (86).
In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.
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
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
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).
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.
This paper proposes that three major factors play a role in the high rate of convictions of black men versus whites and Hispanics. These factors are the lack of diversity among legal professionals in positions of power for decision-making, specifically those in the criminal justice system; secondly, the racial disparities that exist in arrest conviction and sentencing and thirdly, the incidence of discriminatory actions within the justice system. The paper seeks to examine litera...
And in over half of these households, the mother has never been married. Compared to white mothers, black women running households is common with 53.5%, while white mothers have a 19.1%. Blacks have a higher unemployment rate than whites. Most of the highly paid black workers in America are athletes and entertainers. In education, black student enrollment in flagship schools are highest at Alabama with a 14.5%, and predominant black campuses such as Alabama State have 90.1%. He mentions how we always hear of “black crime” but not “white crime”. Statistics show that under perpetrators to be black and the victim tends to be white. Statistics also show that rapist perpetrators tend to be white and the victim tends to be white. Also, statistics show that black tend to be common robbery on white victims. In prison there tend to be 36.1% white inmates, 46.3% black inmates, and 17.6% of other
Racism Review: Scholarship and activism toward racial justice. (2010). Race and the Death Penatly 2: Black defendants, White Victims . Retrieved from Racism Review: Scholarship and activism toward racial justice : http://www.racismreview.com/blog/2010/04/17/race-and-the-death-penalty-ii-black-defendants-white-victims/
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.
The statistics say that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976, only ten executions have involved a white defendant who killed a black victim.... ... middle of paper ...
Racial bias in jury selection is ridiculous – qualified black jurors are illegally turned away as much as 80 percent of the time in the jury selection process. They get much harsher sentences – black people are 38 percent more likely to be sentenced to death than white people for the same crimes. Whites and blacks represent about half of murder victims from year to year, but 77 percent of people who are executed killed a white person, while only 13 percent of death row executions represent those who killed a black person.
who kills a white person is 7 times as likely to receive the death penalty