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Relation between race and crime
Prison disparities among minorities
Prison disparities among minorities
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For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently …show more content…
criminal justice system. If the current trends persist, one out of every three African American men can expect to go to prison over the course of his life, as can one out of every six Latino males, compared to only one in seventeen white males (Bonczar 2003). For females, the figures are significantly lower, but racial and ethnic disparities are very similar. For instance, one out of every eighteen African American females can expect to go to prison, as can one out of every 45 Latino females, and one out of every one-hundred and eleven white females (Bonczar 2003). The racial disparities in imprisonment have been felt the most by young African American males (Western and Pettit 2010). Males are a significant majority of the prison and jail populations, accounting for around ninety percent of the population (Western and Pettit 2010). Racial disparities in incarceration are astounding when one counts the men who have been incarcerated in their lifetime rather than those serving time on any given day (Western and Pettit 2002). For instance, in 1989, approximately two percent of white men in their early thirties had been in prison compared to thirteen percent of African American men in their early thirties (Western and Pettit 2002). These extreme racial disparities disproportionately affect communities of color and have significant collateral effects such as family stress and dissolution, …show more content…
It can be thought of as the class or social standing of an individual or a group (American Psychological Association). Class inequalities in incarceration are represented by those who have a very low educational background (Western and Pettit 2010). Many studies show a significant increase in educational inequality in incarceration due to the fact that almost all of the growth in the risk of incarceration between 1983 and 1999 was confined to men without a college education (Western, Kleykamp, and Rosenfeld 2004). Prisoners of the state average a tenth grade education and around seventy percent do not have a high school diploma (Western and Pettit 2010). Offenders overwhelmingly come from the least educated margin of society (Western and Pettit 2010). Most of the incarceration rate growth stems from young men with very low levels of education (Western and Pettit 2010). In 2008, the incarceration rate of young African American men without a high school degree had risen to thirty-seven percent (Western and Pettit 2010). This rate is even more alarming when compared to the average rate of the general population being 0.76 of 1 percent (Western and Pettit 2010). The incarceration rate among young white dropouts has grown significantly as well with around one in eight incarcerated in 2008 (Western and Pettit 2010). This notable growth in
Increased tensions during the 1960s in the context of the Civil Rights Movement started to cause an increase in crime, sparking a newfound belief in incarcerating the masses to prevent more crime from occurring. During the 1970s, the likelihood of being incarcerated increased for nearly every citizen, especially low-level offenders. Clear and Frost thoroughly explain that the Punishment Imperative in the 1980s was caused by changes in government “policies and practices associated with the increasingly ubiquitous War on Drugs” (31). Changes in sentencing guidelines, mandatory minimum sentences, and three strikes legislation were though to be initially helpful in decreasing the rate of incarceration, but they proved to do the exact opposite. Policies also regarding reentry into society, access to education, public housing, and child custody for ex-convicts continued to play a major role in the increase in incarceration because newly released convicts had an extremely difficult time reintegrating into society. Clear and Frost continue to argue their point as they reach incapacitation in the 1990s, where they discuss how the government focused generally on increasing the lengths of stay within prisons instead of increasing the amount of people being incarcerated. Clear and Frost use quantitative data to explain the government policy called
In 1981 women only made up around 4 percent of inmates in prison. The criminal justice world is very set on race. For example in the book Criminal Justice a brief introduction by Frank Schmalleger, it says that race is so marginalized that even though in the united states population there are only about 13 percent of African Americans, African Americans that are incarcerated account for somewhere around 50 percent. This shows that African American women are more likely to encounter incarceration has opposed to white women. This is also why women’s prisons are study less than men’s prisons. Because there are less violent crimes committed in a women’s prison and there are significantly less women inmates than men. .However, this could soon change in the years coming if the crime rate in women keeps rising like it
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
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.
Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...
2010, “Racial Disparities in Sentencing: Implications for the Criminal Justice System and the African American Community”, African Journal of Criminology and Justice Studies 4(1): 1-31, in this Albonetti’s study is discussed in which it was found that minority status alone accounted for an additional sentence length of “one to seven months.” African American defendants were “likely to receive pretrial release but were more likely to be convicted, and be given harsher sentences after conviction than white defendants charged with the same crimes.” One of the reasons behind this are the sentencing laws, it is seen that these laws are designed in a way that they tend to be harsher towards a certain group of people, generally towards the people of color than others thus leading to inequality with the sentencing
Black Incarcerated Males For the past two decades, the criminal justice system in the United States has been undergoing tremendous expansion. There are now more than one million black men in jail and one out of every four black males will go to prison in their lifetime. Knowing these statistics puts a burden on the black community because many families are left with single family homes, the unemployment rate for black males goes up, they can not vote and now they make jail seem like it is fun to go to. Black men in jail are having drastic effects upon the black community.
“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
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).
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
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... ... middle of paper ... ... King, R., and Mauer, M., (2007).
Blacks are overly portrayed in jails and prisons. Bobo and Thompson stated that in 1954, 98,000 African Americans were in jail or prison. By 2002, there was an increase of 900%, 884,500 African Americans were in jail or prisons. In 2007, blacks made up 39% of detained males in prisons or jails however they make up 12% of the total adult male population. White males make up 36.1% of the male inmate population but they make up 65.6% of the total male population. These statistics demonstrate that racialized mass incarceration exists in the U.S.
In the article Punishment and Inequality in America, Bruce Western states that “among young men who have never been to college, 5.5 percent of Hispanic and 17 percent of black men under age forty-one were in prison or jail in 2000. At the very bottom of the education distribution, among high school dropouts, about 7 percent of young whites were in prison or jail in 2000. The black male population as a whole shares, in this respect, the same status as less-educated whites” (p. 16-17). This quote addresses the different levels of education within prisoners and their race. By the percentages offered, it demonstrates that it is more likely for young uneducated men to go to prison or jail, compared to men that have completed their high school education.
Economic status and social standing does affect the incarceration rates of young people in the U.S. Theoretically, judges and magistrates ought to be free and fair in making judgments, but the reality is that bias does occur in a jury. Poor people are more likely to receive harsher treatment that their rich counterpart for the similar crimes committed. People from pooper areas typically live in areas where there are higher rates of poverty, and there is a breakdown in social institutions. Crime in these places is more frequent and this creates the notion that young offenders from this are unlikely to be rehabilitated. The racial dimension is also apparent in cases as ethnic minorities have larger percentages in lower social strata of the society. Couch an upper middle class killed people through drunk driving but used the affluenza defense to escape harsh treatment (Hayes, 2014). On the other hand, Gonzalez was involved in the fatal shooting of a woman in robbery incident gone wrong, and although he was not the one who shot at the woman he was sentenced to life imprisonment without parole. Couch is Caucasian and Gonzalez was of Hispanic extraction, and although both were involved in the death of two innocent people, it is Gonzalez who received harsher treatment. Power and money are intertwined to the extent that the more one has money the more they have power to influence and get favorable sentences.