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Racial discrimination in the criminal justice system
Racial discrimination in the criminal justice system
Racial discrimination in the criminal justice system
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There is a serious problem in our justice system. Is not a secret that people are judge by the color of their skin and ethnicity. Unfortunately, race plays an important role in the criminal justice system. Around the world race affects how an individual is perceived and affects how a person is going to be treated. Regrettably, American justice system is not an exception of this wrongdoing. Minorities (blacks and Latinos) are often prosecuted differently than white offenders; verdicts are harsher with longer-term sentences. According to article The Economist, “Justice is harsher in America than in any other rich country. Between 2.3m and 2.4 m Americans are behind bars, roughly one in every 100 adults.” (Economist.com) The majority of inmates are minorities. “The incarceration rates disproportionately impact men of color: 1 in every 15 African American men and 1 in every 36 Hispanic men are incarcerated in comparison to 1 in every 106 white men.”(aclu.org) So, why is the majority of American prison population is minority’s ?
There are many causes
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Everyone is affected in one way or another. Prisons are overcrowded and the government has to spend billions on the prison system. Taxpayer’s money fund the cost of prisons facilities, programs, services and security staff. The children of the inmates are affected because they are been raise without a father role model to teach them how to properly function in society and this increase the chances for them to end up in jail. Prisoners lose freedom to be with their love ones. Police interaction with minorities are getting more violent and deathly. Low and middle class communities are affected by the racial injustice because it built resentment and distrust in our law enforcement and criminal justice system. The bottom line is if do not have racial equality in America things are only going to get
In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.
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.
Racial disparity in the correctional population refers to the difference in the number of minorities versus whites represented inside institutions. “The American Correctional Association acknowledges that racial disparity exists within adult and juvenile detention and correctional systems. This contributes to the perception of unfairness and injustice in the justice system ("ACA Policies and," 2004).” “Blacks comprise 13% of the national population, but 30% of people arrested, 41% of people in jail, and 49% of those in prison. 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.
For the past few years there has been an ongoing debate surrounding the issue of racial profiling. The act of racial profiling may rest on the assumption that African Americans and Hispanics are more likely to commit crimes than any individual of other races or ethnicities. Both David Cole in the article "The Color of Justice" and William in the article "Road Rage" take stance on this issue and argue against it in order to make humanity aware of how erroneous it is to judge people without evidence. Although Cole and William were very successful in matters of showing situations and qualitative information about racial profiling in their articles, both of them fail at some points.
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
The first and arguably most important effect is that it intensifies the problem of single parent households within the black community. When these men are sentenced to prison, they, many times, leave behind a wife/girlfriend and/or children. If they already have children, that child must spend multiple years of his/her early life without a primary father figure. In addition, that male absence is even more prominently felt when the woman has to handle all of the financial responsibilities on her own. This poses even more problems since women are underpaid relative to men in the workforce, childcare costs must be considered, and many of these women do not have the necessary skills to obtain a job, which would pay a living wage, which could support her and the children.
“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.
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
Turner, Billy. 1986. “Race and Peremptory Challenges During Voir Dire: Do Prosecution and Defense Agree?” Journal of Criminal Justice 14: 61-69.
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.
These statistics demonstrate that racialized mass incarceration exists in the U.S. There are a few reasons why African Americans are discriminated against by the legal system. The primary cause is inequitable protection by the law and unequal enforcement of it. Unequal protection is when the legal system offers less protection to African Americans that are victimized by whites. It is unequal enforcement because discriminatory treatment of African Americans that are labeled as criminal suspects is more accepted.
African Americans are mostly affected by mass incarceration. African Americans now constitute nearly 1 million of the total 2.3 million incarcerated population. African Americans are incarcerated at nearly six times the rate of white, it is projected that one in every three African Americans birth are expected to go to prison. "The consequences for black men have radiated out to their families. By 2000, more than 1 million black children had a father in jail or prison"(Coates pg.2). Men going to prison at such a high rates has left many women to fend for themselves. As of 2007 almost 809,800 men is incarcerated and have children leaving women no choice but to go to the government for assistance. many believe if the male incarceration rate wasn 't so high their would be less people on
When a person of color is being sentenced the unjustness of sentencing is blatantly shown such as in the article Race Sentencing and Testimony which stated, “ These scholars conclude that black male arrestees “face significantly more severe charges conditional on arrest offense and other observed characteristics” and attribute this primarily to prosecution charging decisions” (Mauer 4). This piece of writing explains that for no other reason than race do these people get convicted far more significantly than others who have the same charge but are white, which continues as far as giving a person of color the max sentence that they can have on a certain charge just for the color of their skin. The justice system has turned into the opposite of what it claims to be and continues to grow as a racist overseer, bashing down on those that they believe should be punished as harshly as possible simply for the color of their skin. The system has gone as deep as to making it so that even if a person has not committed a crime, but are being charged for it they can agree to a plea bargain, which makes it so even though the person did not do it the system is going to have them convicted of it anyway (Quigley 1). “As one young man told me ‘who wouldn’t rather do three years for a crime they didn’t commit than risk twenty-five years
In today’s society mainly anyone growing up in poverty stricken communities, single parent homes, domestic violence or infested and drug infested areas are at risk to being abducted by the school to prison pipeline. The school to prison pipeline is a system designed for at risk teens that do not do well in school. The effect is them being thrown in jail. Economically the black and the Latino community constantly after generation and generation are getting dealt the same hand because each child in the new generation is growing up in a broken home and are falling victim to the same problems that the generation before them have faced. By compiling annual reports on the total number of disciplinary
The justice system is something everyone wants to believe is fair. So, in theory, if a person is innocent, there is no need to fear the justice system. The justice system has many layers, and in order for a suspect to determined guilty, he or she must go through all these layers. These layers start with the detection of a crime. Then, law enforcement must find proof, and arrest suspects. After filing a police report for the crime, a trial must take place, the proof is presented, and a jury and judge determine the guilt of the suspect. Only after passing through all of these layers can a suspect be determined guilty. Not to mention the constitution-the constitution contains many rights that protect a suspect from being determined guilty when