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Racial Discrimination in the Criminal Justice System
Racial Discrimination in the Criminal Justice System
Discrimination in the u.s justice system
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Discrimination and racial disparities are a part of every stage within the U.S. criminal justice system, from policing to trial to sentencing. The United States is the world’s leading jailer with 2.2 million people behind bars. Perhaps no single reason has contributed more to racial disparities in the criminal justice system than the so-called “War on Drugs” which many people believe was a thinly disguise veil for racism on African-American. Even though racial and other ethnic groups use and sell drugs at roughly the same rate, Blacks and Hispanics are punished more and harshly by the system forming 62 percent of those in state prisons for first drug offenses, and 72.1 percent of all persons sentenced for federal drug trafficking offenses …show more content…
Racism in the criminal justice system apparent and never will be addressed properly I say this because when you take a look at the case of Clarence Brandley in 1990. He was released after spending nearly a decade on Texas’ death row for a crime he did not commit. The misconduct in that case involved every level of government, from the police who threatened witnesses to prevent them from testifying for Brandley, to the trial judge and the prosecutor who held secret meetings to rehearse objections and rulings, to the state attorney general who lied about the results of a lie detector test. Racism enabled Texas’ officials to pursue Mr. Brandley with such a single-minded disregard for facts, fairness human decency and basic justice was that the victim in the case was a white school girl who had been raped and murdered (Curtis et al., 1987). These officials refused to do their obligated job and find the murderer of this girl, but instead chose to pin and railroad an innocent man solely because the color of his skin. This is a prime example of no matter how many decades past by racism in the United States will not …show more content…
Unequal treatment of minorities characterizes every stage of the process. This the price that is paid in order to keep this false fallacy of justice while African and Hispanic Americans, and other minority groups, are victimized by disproportionate targeting and unfair treatment by police and other law enforcement officials; by racially skewed charging and plea bargaining decisions of prosecutors; by discriminatory sentencing practices; and by the failure of judges, elected officials and other criminal justice policy makers to redress the inequities that become more glaring every
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
Human rights experts have reported that in the 70s, African Americans in the U.S were already being overrepresented in drug arrests, with twice as many arrests as Caucasians (Fellner, 2009). Since the war on drugs began, African
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
...system that has existed in the United States or anywhere else in the world” (Alexander 234). W.E.B. Dubois argued that “The burden belongs to the nation, and the hands of none of us are clean if we bend not our energies to righting these great wrongs” (Alexander 217). Our nation must address this burden and correct that racial injustices created by our so-called criminal justice system. The criminal justice system cannot continue to hide behind the front of being a colorblind system - racial inequality and injustice must be challenged.
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.
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
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.
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
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
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.
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.
Racism within the Justice System. Living in the twenty first century, Americans would like to believe that they are living in the land of the free, where anyone and everyone can live an ordinary life without worrying that they will be arrested on the spot for doing absolutely nothing. The sad truth, with the evidence to prove it, is that this American Dream is not all that it appears to be. It has been corrupted and continues to be, everyday, by the racism that is in the criminal justice system of America. Racism has perpetuated the corruption of the criminal justice system from the initial stop, the sentencing in court, all the way to the life of an inmate in the prison.
The rise of mass incarceration further eroded civil rights progress by destabilizing urban communities. The “war on drugs” ensnared countless African Americans in the criminal justice system at significantly higher rates than whites, at a time when drug crimes as a whole were declining. Felon disfranchisement laws and, in some states, the use of gerrymandering techniques that treat prisoners as residents of the prison’s jurisdiction, rather than as residents of their home communities, continue to undermine African Americans’ political power and