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Diversity in the criminal justice system
Diversity in the criminal justice system essay topics
Diversity in the criminal justice system
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Lady Hale’s 2015 forward speech given at Birmingham University raised an important and controversial issue of diversity. It had created a new wave of discourse about diversity which increased the pressure for more representation, not only in the justices of the Supreme Court, but also in the justice system as a whole. Since then, another female supreme court judge, Lady Black was appointed, and the judiciary has been working with multiple organisations to improve the selection and appointments process. However, improvements in diversity statistics have not been impressive, with an average of 5% increase of female judges in all courts and even lesser increase for ethnic’s minorities in the courts. This shows that the issue is as relevant as …show more content…
The justice system exists to enforce the rule of law and protect rights of the people, with great importance placed on upholding fairness. Courts are the final arbiter between the citizen and the state, and are therefore a fundamental pillar of the constitution, this quote shows that the courts and the whole of the justice system is important to maintain law and order in today’s society. With the supreme court itself being a form of check and balance for the executive power, but still maintaining the importance of parliament sovereignty. They exist, as can be seen in the quote by lady hale, that it should serve the needs of the UK justice system. There are many discussions in deciding what the needs of the UK justice system is, but with all justice system, it revolves around four pillars, retribution, rehabilitation, closure and punishment. There are many complaints nowadays, with the biasness that exist against minorities, either sex or ethnic in the justice system. Therefore, the justice system, especially the supreme court must take care in doing their part of stopping the intrenched system of racism and sexism. But how must one do that, if diversity does not …show more content…
What we truly need is a good balance between meritocracy and affirmative action, so we can maximize the positive effects from both sides of the coin. A good example of this would be where two persons are of equal merit, there is no prevention for preferring one individual over the other for the purpose of increasing diversity within the group . However, one could argue that merits in itself is a subjective issue. Different people would put more importance on certain merits over others. In Lady Hale’s speech itself, she said “how do you rate each candidate against each desirable quality and how do you rate each quality against the others? So, you might well end up with candidates who were equally well-qualified, but for different
Affirmative action programs may or may not have been appropriate in times past where inequalities were prevalent and programs to build diversity were mandated. In the United States today, where law bars discrimination, I feel employment opportunities should be based on merit and not on race, sex or any other preconceived notion. Actively recruiting candidates that do not meet minimum requirements or standards is counterproductive to any agency that strives to serve the public in an efficient and effective manner and further erode confidence in government.
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
“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.
All three types are prevalent throughout the criminal justice system and prevent justice for all. I recommend that in order to decrease disparity in all forms, we examine each case one by one and assign a sentence that fits each specifically. We need to make a clear set of guidelines across state lines, so everyone is on the same platform and treated equally. For gender disparity, we need to tackle the societal view of females in order to show that justice and the law sees no difference in man and women. For racial disparity, we need to train all law enforcement to acknowledge that there is no one race that is more guilty than the other. For age disparity, we need to examine each case on a case by case basis in order to better serve justice to each situation; then the court can decide if it should be tried in adult court or not. Overall, disparity is a major issue that is holding our criminal justice system back from its full potential; we can do better than
Addressing the cause of these disparities from the grass roots is very crucial. Strategies are needed to tackle the challenge and to combat unjustified disparity, at every level. phase of the criminal justice system, and to do so in a harmonized manner. Without a systematic approach to the issue, gains in one range may be offset by the setback in another. Every decision idea and constituent of the system requires exceptional approaches.
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).
Turner, Billy. 1986. “Race and Peremptory Challenges During Voir Dire: Do Prosecution and Defense Agree?” Journal of Criminal Justice 14: 61-69.
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.
For many years there has been a supreme court that was predominantly white. The first black man, or the non-white man was elected to the supreme court in the year of 1967. There were a bunch of barriers that you had to go through to be a supreme court justice especially if you were not white. Due to the fact that for many many years most of the supreme court justices were white. All of the justices thought and believed in the same thing from day to day. When you were put on the supreme court it was either because of the president, or it was because of the fact that they believed in the same thing. There was really no diversity
Ragers, Simon. / The Guardian (2012) White and Male: diversity and the judiciary. Available from: //www. Theguardian.com/news/databblog/2012/mar/28/judges-ethnic-sex-diversity-judiciary.
Is our justice system fair to all? Although the answer to this question is an opinion, there are pieces of evidence and commentary to defend this argument. The process of the legal system itself is all an opinion because in the end, the only person whose judgments matter is the judge himself. Over time, the wrong people have been arrested for the wrong things. Living in the United States, a country where crimes are committed constantly; we count on this system to make the right decisions. It is important that each case is treated equally when carrying out justice to keep the United States a safe place, to form a nation with good education, and to teach people from judging right from wrong. However, sometimes rights are taken from the wrong people. Our legal system is creating a dangerous path for African Americans in our country because of its’ highest per capita incarceration rate, its’ favoritism towards those in power, and its failure to carry out justice to protect people from the dangerous acts of those who are defined as criminals.
Torres-Spelliscy et al. (2010) encouraged diversity in the American court system and provided ten practices to attract the brightest female and minority candidates for the judiciary, and they are as follows: (1) grapple fully with implicit bias; (2) increase strategic recruitment; (3) be clear about the role of diversity in the nominating process in state statutes; (4) keep the application and interviewing process transparent; (5) train commissioners to be effective recruiters and nominators; (6) appoint a diversity compliance officer or ombudsman; (7) create diverse commissions by statute; (8) maintain high standards and quality; (9) raise judicial salaries; (10) improve record keeping (p. 3). Appointing minorities and females to the U.S. bench will increase public confidence, and it will also bring important value towards the representation of women and ethnic
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
The given statement suggests that the emphasis on judicial diversity is unnecessary since there is no guarantee that a diverse judiciary would arrive at a different decision than that of a conservative judiciary. This essay attempts to argue that although there is no evidence that a diverse bench would radically change the outcome of a given case, the quality of justice will be substantially enhanced by the inclusion of a range of perspectives from which are currently not represented by the English judiciary.