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Racial bias in sentencing
Racial bias in sentencing
Racial bias in sentencing
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Naked preferences and discrimination exist in legal cases because one group holds more legal power, opportunity, or advantage. For example, bail is an example of a naked preference. Bail allows people to be released from custody in exchange for a monetary payment to the courts. While this may sound fair, certain groups are at an advantage. Wealthy people are easily able to pay this fine while the poor are not. Even if they are innocent, poor people would have to remain in jail. Bail also does not take in account for personal circumstances. A poor person who can not afford to miss work days may plead guilty for a crime they did not commit in order to be released. Bail is also discriminatory against people of color. Considering racial tensions
Over the past 15 years tremendous awareness has been raised around this and programs of preferential treatment emerged. These programs ensured equal rights for people of color and females in the work place, allowing for them to apply for executive level positions and earn the same amount of money, benefits, and prestige as a white male ensuring equality for all race and sex. Lisa Newton argues that, “reverse discrimination does not advance but actually undermines equality because it violates the concept of equal justice under law for all citizens. In addition, to this theoretical objection to reverse discrimination, Newton opposes it because she believes it raises insoluble problems.” Among them are determining what groups have been sufficiently discriminated against in the past to deserve preferred treatment in the present and determining the degree of reverse discrimination that will be compensatory. Newton outlines the importance of ensuring her argument is recognized as logically distinct from the condition of justice in the political sense. She begins her argument for reverse discrimination as unjustified by addressing the “simple justice” claim requiring that we favor women and blacks in employment and education opportunities. Since women and blacks were unjustly excluded from such opportunities for so many years in the not so distant past, however when employers and schools favor women and blacks, the same injustice is done. This reverse discrimination violates the public equality which defines citizenship and destroys the rule of law for the areas in which these favors are granted. To the extent that we adopt a program of discrimination, reverse or otherwise, justice in the political sense is destroyed, and none of us, specifically affected or no is a citizen, as bearers of rights we are all petitioners
Today, China is ranked as the nation with the largest population in the world. It is also a fact that China is amongst one of the countries whose economy is growing at a very rapid rate. It is quite imperative to note that capitalism has been the dominant in this nation, which enables it to not only strengthen, but also capture great regional as well as global influence. Even though China has been rediscovering its ancient tradition elements whilst repackaging them to be in line with modernity, it is evident that the visions embraced are very different from the ones in the West. The Celebrated Cases of Judge Dee is a perfect publication that sheds light to the reader on the various social, political and moral issues that existed in China decades ago and the ways of resolving them. Comparing the legal issues in China decades ago, a thin line can be drawn. This is inherently because nothing much has changed in terms social, political and moral perspectives. The celebrated cases of Judge Dee borrow a lot from the Chinese culture, which defines the standard morals and values for its people. Consequently, the legal system in this nation appears to rely wholly on the defined moral standards in reprimanding wrongdoers.
1. What is the tone of this article? The tone of this article is kinda snotty but truthful in all ways.
In conclusion, "To strive for justice, one must be a person of principles. There is no single principle that one can use to achieve justice in the resolution of legal disputes." This is true because one must use a wide array of principles that come from moral and legal perspectives in order to gain a resolution. Unfortunately society has deemed it necessary to incorporate social stratification into some of these principles. The law tends to have more leniencies to those who have higher positions in society. With as many classes as our society today, it is impossible to find a jury of peers. Each person has their own idea of cultural norms, legal and moral principles, and a socio-class in which they belong to. Therefore, I contend that social stratification, whether it is between races, or economical levels, will always have some role in legal decisions.
Discrimination in the Short Stories, Harrison Bergeron, after you my dear Alphonse, and The Lottery
What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don’t. Rather than directly rely on race, we use the criminal justi...
“You would really be pretty if you lose weight”, maybe this sounds polite and kind of innocent but the actual tone and deeper meanings are very discriminatory. The Discrimination At Large by Jennifer Coleman is an article where the author demonstrates the price for being obese. Overweight people are being criticized all the time by many people. Moreover, they are now a mockery since people just make fun of them for their amusement. The movie Shallow Hal also shows how if we change our general idea of outer beauty of a person, we could benefit from it. Obesity has been a serious dilemma for the people in America. The society seems to not change their perception about obese people. In addition, people who are usually afraid to say any kind of
Throughout the history of television, it has been evident that certain news stations have portrayed their news in a way that aligns itself with a certain viewpoint or political position. For example, today one can see how stations like Fox take a conservative stance on most issues while CNN takes a more liberal perspective on the same issues. Much of the influence that the media could have on people, especially during elections, was a cause of alarm for many people. This led to the creation of the Fairness Doctrine in 1949.
behavior, and the sentencing process. Such disparities allow the privileged enjoy constitutional protections. declined and that racial bias is essentially a consequence of strategies, policies, and decisions that unintentionally leads to racially disparate effects. The challenge of racial discrimination builds at every phase of the criminal justice field. from arrest through parole, rather than the result of the activities in any single phase.
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.
Discrimination has always been there between blacks and whites. Since the 1800s where racial issues and differences started flourishing till today, we can still find people of different colors treated unequally. “[R]acial differences are more in the mind than in the genes. Thus we conclude superiority and inferiority associated with racial differences are often socially constructed to satisfy the socio-political agenda of the dominant group”(Heewon Chang,Timothy Dodd;2001;1).
The United States Federal Communications Commission, also known as the FCC, introduced the Fairness Doctrine to make broadcasters report controversial issues of public importance in a manner that was equally balanced, honest, and fair. Broadcasting companies were required to provide a certain amount of airtime reporting accurate and fair information both for and against public issues. Broadcasters were not required to provide equal time for opposing views, but were required to present opposing viewpoints. Broadcasters were received broader boundaries as how to how they were to provide those opposing views. Because under the constitutional right of free speech, the government wanted to insure that broadcasting companies provided both accurate and fair information from both sides of the viewpoint.
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
The social theory of privilege states that unearned or otherwise reasonably unacquirable advantages are social endowed to a particular person or group of people. These unearned advantages are often granted on the basis of demographic features such as race, ethnicity, gender, sexual orientation, or generation, although other criteria (such as ability, height, or attractiveness) may confer such advantages. There lie subtle distinctions between advantages that are earned but reasonably acquirable and advantages that are earned but reasonably unacquirable. For example, education confers social advantages, but not privilege; however, the access to education is a reasonably unacquirable advantage and would be considered a privilege. The ambiguity of privilege, though,
Discrimination is not just a growing problem in the United States rather it is a global problem. However, throughout the years, there have been many laws that have been passed to give everyone their “separate but equal” rights—originally granted by the constitution of the United States. Examples of this include the Brown v. Board of Education case, the Equal Pay Act of 1963 and the Civil Rights Act of 1964 (to list a few). Brown v. Board of Education was a landmark case that ended legal segregation in school systems. The success of this case was due largely in part to the Equal Protection Clause of the Fourteenth Amendment. This ruling not only paved the way for the integration of different race but also a victory for the Civil Rights Movement. On the other hand, the Equal Pay Act of 1963 and the Civil Rights Act of 1964 was a key piece of the civil rights legislation in the sense that it, “established the legal standard barring employers from excluding anyone from employment on the basis of race or ethnicity” (Sweet and Meiksins 184). Another example would be affirmative action. Affirmative action is a policy favoring those who have suffered from discrimination. One noticeable group is the minorities of the United States consisting of Asians, African Americans, Hispanic or Latino, and much more. Even though affirmative action allows