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Racial inequality in the criminal justice system
Factors contributing to racial and ethnic disparities within the criminal justice system
Racial disparities in our justice system
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In the reading, Color of Justice, the author Michelle Alexander writes about the unfair justices of the war on drugs, and how it is an inescapable plague for communities of color along with the fear of imprisonment. To start off, Alexander begins by creating a visual image of the life of two different people who are falsely accused as drug felons and have to accept the consequences of being labeled as a felon. Furthermore, her overall argument is surrounded by how whites are even more likely to use drugs than blacks, but there are more blacks incarcerated for drugs. Something that is really eye opening and catching is when Alexander references to the number of nonviolent offenders taking up a surprising percentage more in the criminal justice system versus the violent offenders. In addition, Alexander …show more content…
The courts have made it incredibly difficult to bring a lawsuit against the police for discriminatory treatment. The courts “demand that anyone who wants to challenge racial bias in the system offer, in advance, clear proof that the racial disparities are the product of intentional racial discrimination—i.e., the work of a bigot” (103). Just as Alexander clearly points out, no police officer or prosecutor is going to say on the record that he or she arrests black people for drug crime because he or she hates black people. They will always say that they are doing their job to keep society safe from dangerous criminals. Alexander quotes a reliable third party to bolster her accusations of racial bias in the American criminal justice system: “Human Rights Watch reported in 2000 that, in seven states, African Americans constitute 80 to 90 percent of all drug offenders sent to prison. In at least fifteen states, blacks are admitted to prison on drug charges at a rate from twenty to fifty-seven times greater than white men”
We can conclude with her analyses that the criminal justice in America is biased an even though I don’t agree with the suggestion Alexander has heard from other people that mass incarceration is a “conspiracy to put blacks back in their place” (p.5). It is clear that the justice system in the US is not completely fair, and that collective action must arise to struggle it.
The justice system is in place in America to protect its citizens, however in the case of blacks and some other minorities there are some practices that promote unfairness or wrongful doing towards these groups. Racial profiling is amongst these practices. In cases such as drug trafficking and other criminal acts, minorities have been picked out as the main culprits based off of skin color. In the article “Counterpoint: The Case Against Profiling” it recognizes racial profiling as a problem in America and states, “[In order to maintain national security] law-enforcement officers have detained members of minority groups in vehicles more than whites”…. “these officers assume that minorities commit more drug offenses, which is not the case” (Fauchon). In relationship to law enforcement there has also been many cases of police brutality leaving young blacks brutally injured, and even dead in recent years, cases such as Michael Brown, Dontre Hamilton, Eric Garner, Tamir Rice, and Freddy Gray just to name a few. Many of these young men were unarmed, and the police involved had no good justification for such excess force. They were seen as threats primarily because of their skin color. Despite the fact this nation is trying to attain security, inversely they are weakening bonds between many of its
Professor Michelle Alexander, author of The New Jim Crow, writes that a racial caste system existing in America reflect the Jim Crow laws that were "separate but equal" from the time of the Civil War until the passage of the Civil Rights Acts in the mid 1960's and which continue today. She is a graduate from Stanford Law School and Vanderbilt University and clerked for Justice Harry A. Blackmun on the United States Supreme Court and for Chief Judge Abner Mikva on the United States Court of Appeals for the D.C. Circuit. Subsequently, she was on the faculty of Sanford Law School serving as the Director of the Civil Rights Clinic before receiving a Soros Justice Fellowship and an appointment to the Moritz College of Law and the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University. Professor Alexander has litigated civil rights cases in private practice while associated with at Saperstein, Goldstein, Demchak & Baller law firm, with additional advocacy through the non-profit sector, as the Director of the Racial Justice Project for the ACLU of Northern California.
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
In her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander states that we still use our criminal justice system to “label people of color ‘criminals’ and then engage i...
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
Mass Incarceration: The New Jim Crow is the direct consequence of the War on Drugs. That aims to reduce, prevent and eradicate drug use in America through punitive means. The effect of the war on drug policies returned de jure discrimination, denied African Americans justice and undermined the rule of law by altering the criminal justice system in ways that deprive African Americans civil rights and citizenship. In the “New Jim Crow” Alexandra argues that the effects of the drug war policies are not unattended consequences but coordinated by designed to deny African Americans opportunity to gain wealth, be excluded from gaining employment and exercise civil rights through mass incarceration and felony conviction. The war on drugs not only changes the structure of the criminal justice system, it also changes the ways that police officers, prosecutors and judges do their jobs.
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.
Most black Americans are under the control of the criminal justice today whether in parole or probation or whether in jail or prison. Accomplishments of the civil rights association have been challenged by mass incarceration of the African Americans in fighting drugs in the country. Although the Jim Crow laws are not so common, many African Americans are still arrested for very minor crimes. They remain disfranchised and marginalized and trapped by criminal justice that has named them felons and refuted them their rights to be free of lawful employment and discrimination and also education and other public benefits that other citizens enjoy. There is exists discernment in voting rights, employment, education and housing when it comes to privileges. In the, ‘the new Jim crow’ mass incarceration has been described to serve the same function as the post civil war Jim crow laws and pre civil war slavery. (Michelle 16) This essay would defend Michelle Alexander’s argument that mass incarcerations represent the ‘new Jim crow.’
Department of Justice. African Americans are arrested for drug offenses at rates 2 to 11 times higher than the rate for whites – according to a May 2009 report on disparity in drug arrests by Human Rights Watch.”
Aside from individuals who were actually convicted of a felony, the tens of millions of Americans who were arrested without ever being convicted for a crime are no exception to this form of legalized discrimination as the same constraints applied to convicted felons are unfairly applied to them as well (Alexander 145). When it comes to felon discrimination, the severity of the felony does not matter. Public housing policies deny eligibility to people who have even the most minor criminal backgrounds. Due to the fact that people of color such as African Americans and Hispanics are primary targets of police in the War on Drugs, they are much more likely to be arrested for minor, nonviolent crimes as opposed to people who are white (Alexander 145). Instead of racial discrimination being nonexistent in present society, Michelle Alexander argues that racial discrimination has merely been extended to occur through subliminally discriminative colorblind practices (Alexander 11). The criminal justice system still targets racial minorities and deprives them of basic human rights by permitting legalized discrimination, such as the discrimination existent in public housing seen by the usage of racially restrictive covenants in the past, and by the
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
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...
Another reason racialized mass incarceration takes place is because of the high rates of poverty and unemployment for inner city African Americans, especially those with low-education and low skill levels. Urban ghettos have been associated with the problem of social disorganization and crime. The biggest reason for this is the war on drugs. There is no substantial proof that verifies African Americans are more involved in illegal drug consumptions than other groups are. However they are arrested more than other groups. Bobo and Thompson stated that blacks are almost 34% involved in drug-related arrests though only 14% of those are among regular illegal drug users. Among drug related convictions, African Americans make up half of the cases whereas only 26% of the white population is convicted. As Bobo and Thompson stated, “Illegal drug consumption seems to know no race. Incarceration for drug-related charges, however, is something visited in a heavily biased manner on African Americans.”
This is despite the fact that people of all races use and sell drugs at the same rate. African-Americans comprised 12% of regular drug users, but almost 40% of those arrested for