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Issues with the American justice system
The importance of mandatory sentencing
The importance of mandatory sentencing
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It is all too often judges are faced with convoluted challenges. One of those challenges is when they lost their discretion to mandatory sentences. This not only negatively effects the judges, it also effects the average citizen in a negative manner. Furthermore, the aftermath of mandatory sentencing is even more devastating, due to, it assisting in overcrowding prisons with minor offenders. Another issue that has risen, due to, mandatory sentencing is the racial divide in prisons. The next topic discussed will be a possible future if this law doesn’t change. Getting to the main point, mandatory sentencing has quickly become a mandatory dilemma in the United States. To begin mandatory sentencing began because federal and state legislators wanted a “get tough on crime” approach. This also has been working …show more content…
Despite a chaotic childhood in which she was passed from one home to another, Angela had no previous criminal record of any sort before she sold cocaine to an undercover agent, who repeatedly insisted that she increase the amount of the sale so that it would exceed the two-ounce level. (Batey 25)
Reviewing this case, it is clear that this statute had more negative effects then positive. Now this young woman will have to go prison instead on some type of counseling where she will change, for the worse, in order to adapt to the criminal life style. Keep in my this is only one of the many cases regarding this statute.
Moving forward to the secondary problem of overcrowding prisons, which mandatory sentencing has nearly “quadrupled in number” (Batey 25). To make the matter worse mandatory sentencing has been used to lawfully violate minorities rights. In fact, “black and brown. African Americans and Hispanics are disproportionately represented in our prisons by a substantial margin” (Batey 25). It’s almost too clear that mandatory sentencing has been nothing but trouble since it’s not so humble
The Punishment Imperative, a book based on the transition from a time when punishment was thought to be necessarily harsh to a time where reform in the prion system is needed, explains the reasons why the grand social experiment of severe punishment did not work. The authors of the book, Todd R. Clear and Natasha A. Frost, strongly argue that the previous mindset of harsh punishment has been replaced due to political shifts, firsthand evidence, and spending issues within the government. Clear and Frost successfully assert their argument throughout the book using quantitative and qualitative information spanning from government policies to the reintegration of previous convicts into society.
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
Many Americans pretend that the days of racism are far behind; however it is clear that institutional racism still exists in this country. One way of viewing this institutional racism is looking at our nation’s prison system and how the incarceration rates are skewed towards African American men. The reasons for the incarceration rate disparity are argued and different between races, but history points out and starts to show the reason of why the disparity began. Families and children of the incarcerated are adversely affected due to the discrimination as well as the discrimination against African American students and their likelihood of going to prison compared to the white student. African American women are also affected by the discrimination in the incarceration rate. Many white Americans don’t see how racism affects incarceration rates, and that African Americans are more likely to face discrimination from the police as well as being falsely arrested.
In The New Jim Crow: Mass incarceration in the Age of Colorblindness, Michelle Alexander introduces readers to the phenomenon of mass incarceration in the United States and challenges readers to view the crisis as the “ the most pressing racial justice issue of our time.” In the introduction, Alexander writes “what the book is intended to do and that is to stimulate much needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States.” We come to understand, How the United States create criminal justice system and maintain racial hierarchy through mass incarceration? How the current system of mass incarceration in the United States mirrors earlier systems of racialized
Throughout the semester, we have discussed many different issues that are currently prevalent in the United States, specifically those related to racial discrimination. One specific issue that I have developed interest and research in is that of institutionalized racism, specifically in the form of mass incarceration, and what kinds of effects mass incarceration has on a community. In this paper, I will briefly examine a range of issues surrounding the mass incarceration of black and Latino males, the development of a racial undercaste because of rising incarceration rates, women and children’s involvement and roles they attain in the era of mass incarceration, and the economic importance that the prison system has due to its development.
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
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
Disproportionate Incarceration of African Americans The disproportionate numbers of African Americans in the prison system is a very serious issue, which is not usually discussed in its entirety. However, it is quite important to address the matter because it ultimately will have an effect on African Americans as a whole. Of the many tribulations that plague Americans today, the increase in the number of African American men and women in prisons is unbelievable. It would be nave to say that the increase is due to the fact that more African Americans are committing crimes now than before.
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
According to statistics since the early 1970’s there has been a 500% increase in the number of people being incarcerated with an average total of 2.2 million people behind bars. The increase in rate of people being incarcerated has also brought about an increasingly disproportionate racial composition. The jails and prisons have a high rate of African Americans incarcerated with an average of 900,000 out of the 2.2 million incarcerateed being African American. According to the Bureau of Justice Statistics 1 in 6 African American males has been incarcerated at some point in time as of the year 2001. In theory if this trend continues it is estimated that about 1 in 3 black males being born can be expected to spend time in prison and some point in his life. One in nine African American males between the ages of 25 and 29 are currently incarcerated. Although the rate of imprisonment for women is considerably lower than males African American women are incarc...
Sentencing is the process by which people who have been found guilty of offending against the criminal law have sanctions imposed upon them in accordance with that particular law. The sentence of the court is the most visible aspect of the criminal justice system’s response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was 20 years ago. In the Australian context, Tasmania is below the national average of recorded crimes for the crimes of robbery, burglary and motor vehicle theft.
In the United States, the rate of incarceration has increased shockingly over the past few years. In 2008, it was said that one in 100 U.S. adults were behind bars, meaning more than 2.3 million people. Even more surprising than this high rate is the fact that African Americans have been disproportionately incarcerated, especially low-income and lowly educated blacks. This is racialized mass incarceration. There are a few reasons why racialized mass incarceration occurs and how it negatively affects poor black communities.
The definition of mass incarceration is a term used by social activists to describe the significant increase in the number of incarcerated people in United States ' prisons over the past forty years, from 1970 to 2005 the number of inmates has risen 700%. Lawrence (2011) has stated that more than 2.3 million people in America are in jail or prison and sixty percent are African American and Latino. In this paper, I will present information on mass incarceration of black males, the development of a racial injustice due to rising of incarceration rates, and the financial standing that the prison system has, due to its massive expansion.
In the wake of President Obama’s election, the United States seems to be progressing towards a post-racial society. However, the rates of mass incarceration of black males in America deem this to be otherwise. Understanding mass incarceration as a modern racial caste system will reveal the role of the criminal justice system in creating and perpetuating racial hierarchy America. The history of social control in the United States dates back to the first racial caste systems: slavery and the Jim Crow Laws. Although these caste systems were outlawed by the 13th amendment and Civil Rights Act respectively, they are given new life and tailored to the needs of the time.In other words, racial caste in America has not ended but has merely been redesigned in the shape of mass incarceration. Once again, the fact that more than half of the young black men in many large American cities are under the control of the criminal justice system show evidence of a new racial caste system at work. The structure of the criminal justice system brings a disproportionate number of young black males into prisons, relegating them to a permanent second-class status, and ensuring there chances of freedom are slim. Even when minorities are released from prisons, they are discriminated against and most usually end up back in prisons . The role of race in criminal justice system is set up to discriminate, arrest, and imprison a mass number of minority men. From stopping, searching, and arresting, to plea bargaining and sentencing it is apparent that in every phases of the criminal justice system race plays a huge factor. Race and structure of Criminal Justice System, also, inhibit the integration of ex offenders into society and instead of freedom, relea...
Overcrowding in our state and federal jails today has become a big issue. Back in the 20th century, prison rates in the U.S were fairly low. During the years later due to economic and political factors, that rate began to rise. According to the Bureau of justice statistics, the amount of people in prison went from 139 per 100,000 inmates to 502 per 100,000 inmates from 1980 to 2009. That is nearly 261%. Over 2.1 million Americans are incarcerated and 7.2 million are either incarcerated or under parole. According to these statistics, the U.S has 25% of the world’s prisoners. (Rick Wilson pg.1) Our prison systems simply have too many people. To try and help fix this problem, there needs to be shorter sentences for smaller crimes. Based on the many people in jail at the moment, funding for prison has dropped tremendously.