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Racial inequality in the US justice system
Research paper on racial discrimination within the criminal justice system
Research paper on racial discrimination within the criminal justice system
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Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma. History of the death penalty The death penalty is a controversial topic that has been discussed, cha... ... middle of paper ... ...rought attention to the racial issues in death penalty sentencing which will be explained by relevant data on the subject. Blacks on death row District attorneys are widely known for making very important decisions in a court case. There are almost 1,800 white district attorneys and about 22 black in the United States. Those numbers should cause some shock because those white district attorneys are the ones who are making these serious decisions for blacks. A study was done to see if just being black could be an aggravating factor in a case. The definition explains that “Aggravating factors are relevant facts and circumstances that increase the severity or culpability of a criminal act.” (Aggravating Factor Law & Legal) This would mean that race is a relevant fact that increases blame in a case which sounds like something that would not actually be valid in court.
There have been different outcomes for different racial and gender groups in sentencing and convicting criminals in the United States criminal justice system. Experts have debated the relative importance of different factors that have led to many of these inequalities. Minority defendants are charged with ...
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
“A report by the United States General Accounting Office in 1990 concluded that 82 percent of the empirically valid studies on the subject show that the race of the victim has an impact on capital charging decisions or sentencing verdicts or both” (86).
In conclusion, we have seen that the race of the victim and the emotionality of the victim impact statements highly affects the jury’s empathy and therefore might influence their decision making. Understanding the interaction between the racial in-group/out-group and empathy may allow defense attorneys to lead jurors for harsher punishments for out-group racial groups and more lenient punishments for in-groups by playing on juror empathy and thus putting emotions before law and reason. Consequently, in any capital punishment case, race of the victim and race of the jury, could be the difference between life and death for a defendant and therefore needs to be studied further.
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.
Welch, Kelly. 2007. “Black Criminal Stereotypes and Racial Profiling.” Journal of Contemporary Justice 23(3): 276-288 also talks about the discrimination within the courtroom, in the court it has been shown that the prosecutors when fighting a case against the defendant who’s client is Black use their race as an argument to win the case. They try to show how Black people are prone to be violent due to racial factors and therefore should be sentenced harshly. Given the history, unfortunately this argument sets in well and therefore leads to sentencing and prison time for the Black
A study of race and jury trials in Florida published last year in the Quarterly Journal of Economics, found that “conviction rates for black and white defendants are similar when there is at least some representation of blacks in the jury pool.” But all-white juries are a very different story—they convict blacks 16% more often than they convict whites (2).
The author omits critical information about many factors, which could explain the higher rate of severe sentences for African Americans than White Americans other than racial injustice. The article, “Possibility of Death Sentence Has Divergent Effect on Verdicts for Black and White Defendants” by Jack Glaser, et al. provides an excellent analysis of the racial disparities that Cholbi mentions. Glaser provides clear evidence of how factors such as sentence severity and jury selection can influence sentencing. The authors also discuss how African Americans are though of when discussing crime and how African Americans are considered like apes. However the article discusses how these assumptions comply with African-American behavior; “There is also evidence that in the context of criminality, there is a relatively strong association between Black men and apes. It follows that insofar as Black people may be viewed as being less worthy of humane (or even human) treatment, concerns over punishment severity (even death) would be less consequential” (Glaser et al. 541). The authors stimulate an experiment through mock jurors and found no concrete evidence to suggest banning capital punishment due to racial discrimination. Therefore Glaser et al. does a superior argument when compared to
Is the death penalty fair? Is it humane? Does it deter crime? The answers to these questions vary depending on who answers them. The issue of capital punishment raises many debates. These same questions troubled Americans just as much in the day of the Salem witch trials as now in the say of Timothy McVeigh. During the time of the Salem witchcraft trials they had the same problem as present society faces. Twenty innocent people had been sentenced to death. It was too late to reverse the decision and the jurors admitted to their mistake. The execution of innocent people is still a major concern for American citizens today.
It's dark and cold, the fortress-like building has cinderblock walls, and death lurks around the perimeter. A man will die tonight. Under the blue sky, small black birds gather outside the fence that surrounds the building to flaunt their freedom. There is a gothic feel to the scene, as though you have stepped into a horror movie.
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
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.
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. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
This paper focuses in on one of those "junctures" - the death penalty. The racial disparities that Donziger finds in the prisons can also be found in death row. To be exact, African-Americans are 12% of the US population, but they make up 40% of the death row population.2 I, like Donziger, believe something more is at work; and in the tradition of Ture and Hamilton, I believe that this something works in covert ways. It would almost be better if we could place the blame on blatant racial discrimination. But the death penalty does not serve the explicit purpose of oppressing Blacks. Racism persists, but it has taken on more implicit, more subtle, and arguably more harmful forms. The death penalty is a timely lens through which to observe the covert racism that operates in institutional settings. This topic can be overwhelming, and this paper is in no way comprehensive. Rather, it is an opportunity to string together some soci ological and legal concepts with personal analysis in the desire to demonstrate that the death penalty and the institutions surrounding...
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...