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Racial discrimination within the U.S. criminal justice system
Racial discrimination within the U.S. criminal justice system
Racial discrimination in the US justice system
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Racial profiling consists of innocent, those chosen because of their skin color and guilty citizens that are being unjustly targeted by law enforcement because of their race and /or ethnicity. Mainly Blacks, Hispanics, and people of color within the minority communities are targeted for such harassment by law enforcement. However, race is the key factor for racial profiling by police, which is unfair on so many levels that people of color are processed differently than white youths within the system. Racial bias, disparity, and racial profiling are considered as a violation of citizens’ rights, that started long before it was actually recognized as a violation, and taking place within the Juvenile Justice and Criminal System. Due to the …show more content…
According to Lawrence and Craig (2008), the juvenile justice system has to be vigilant in preventing racism when sentencing juvenile offenders. The Office of Juvenile Justice and Delinquency Prevention, through the federal government have made the elimination of disproportionate minority confinement a high priority (p.349). The problems addressed in cases of violations within the law, include use of excessive force, unlawful stops, searches, or arrest; and discriminatory policing in minority communities among blacks, Hispanics, and juveniles. There have been several types of reforms put in place for effective constitutional policing nationwide, they are to provide significant, systematic relief, and increase community confidence in law enforcement, as well as improve police officer, and agency accountability. In 2013, Judge Shira A. Scheindlin stated that “The Stop and Frisk tactics of the NYPD violated the constitutional rights of minorities” (Bergner, 2014). It was apparent that there were increased stops in minority communities among Blacks …show more content…
Racial bias evolves from generation to generation, and we as citizens are supposed to be protected against such actions of discrimination especially by law enforcement, but such actions as stop and frisk, to include automobile and body searches for no other reason than the color of one’s skin is a violation of our civil rights. Instead of being violated in an inappropriate matter as openly as it was done while fighting for our civil rights, it’s now done through law enforcement. The Constitution is supposed to guarantee equal treatment under the law for everyone, but blacks and Hispanics are disproportionately victimized by police and other front line law enforcement officials. Racial disparities affect both innocent and guilty minority citizens, and are broken down into explanations such as; People of color commit more crimes, The Criminal Justice System is racially bias, and America is a racially bias society (Weich and Angulo, 2002). All of these explanations have been proven true by the actions of law enforcement and society, by using racial profiling as a means to target minority communities. Although, there are efforts
In the United States of America today, racial profiling is a deeply troubling national problem. Many people, usually minorities, experience it every day, as they suffer the humiliation of being stopped by police while driving, flying, or even walking for no other reason than their color, religion, or ethnicity. Racial profiling is a law enforcement practice steeped in racial stereotypes and different assumptions about the inclination of African-American, Latino, Asian, Native American or Arab people to commit particular types of crimes. The idea that people stay silent because they live in fear of being judged based on their race, allows racial profiling to live on.
First of all, racial profiling is unfair to its victims . Racial profiling is seen through the police in “Hounding the Innocent”, which is unfair since a person shouldn’t be pulled over more because of their race and that many of these stops have little to no connection to an actual crime. “Young black and Hispanic males are being stopped, frisked, and harassed in breathtaking numbers” (Herbert, 29) This is unfair to all victims of racial
Males, M. and D. Macallair (2000). “ The Color of Justice: An Analysis of Juvenile Justice
Stop and Frisk is a procedure put into use by the New York Police Department that allows an officer to stop and search a “suspicious character” if they consider her or him to be. The NYPD don’t need a warrant, or see you commit a crime. Officers solely need to regard you as “suspicious” to violate your fourth amendment rights without consequences. Since its Beginning, New York City’s stop and frisk program has brought in much controversy originating from the excessive rate of arrest. While the argument that Stop and Frisk violates an individual’s fourth amendment rights of protection from unreasonable search and seizure could definitely be said, that argument it’s similar to the argument of discrimination. An unfair number of Hispanics and
Racial profiling is the tactic of stopping someone because of the color of his or her skin and a fleeting suspicion that the person is engaging in criminal behavior (Meeks, p. 4-5). This practice can be conducted with routine traffic stops, or can be completely random based on the car that is driven, the number of people in the car and the race of the driver and passengers. The practice of racial profiling may seem more prevalent in today’s society, but in reality has been a part of American culture since the days of slavery. According to Tracey Maclin, a professor at the Boston University School of Law, racial profiling is an old concept. The historical roots “can be traced to a time in early American society when court officials permitted constables and ordinary citizens the right to ‘take up’ all black persons seen ‘gadding abroad’ without their master’s permission” (Meeks, p. 5). Although slavery is long since gone, the frequency in which racial profiling takes place remains the same. However, because of our advanced electronic media, this issue has been brought to the American public’s attention.
Imagine driving home, on a pleasant evening, after a tedious day at work. Just as you are about to arrive to your neighborhood, you notice blue and red flashing lights and pull over. It seems the police officer has no reason for stopping you, except to search your vehicle because of your suspiciously perceived skin tone. This unnecessary traffic stop, designed for people of colored skin, happens on numerous occasions and has been termed Driving While Black or Brown. Racial profiling is the act of using race or ethnicity as grounds for suspecting someone of having committed a crime.
Racial profiling, as defined in Criminal Justice Today is, “Any police-initiated action that relies on the race, ethnicity, or national origin, rather than the behavior of the individual…” (Schmalleger, 2009, p. 294) but is racial profiling limited only to police action? In June off 2002 a telephone survey of adults was conducted by the Roper Center for Public Opinion Research, University of Connecticut, in this survey people were asked, “Do you think that African Americans’ civil rights are being respected by the country’s criminal justice system?” 69% of Non-Hispanic Whites said, “Yes, they are respected.” as opposed to 33% of African Americans that think the justice system is fair. (Cole & Smith, 2007, p. 104) What causes this huge percentage gap among the races? Within our criminal justice system there are many disparities and cases of suspected discrimination, because of that our country is race divided on the issue of whether or not discrimination exists in a system perceived as the best of it’s kind.
Racial profiling in the dictionary is “the assumption of criminality among ethnic groups: the alleged policy of some police to attribute criminal intentions to members of some ethnic groups and to stop and question them in disproportionate numbers without probable cause (“Racial Profiling”).” In other words racial profiling is making assumptions that certain individuals are more likely to be involved in misconduct or criminal activity based on that individual’s race or ethnicity. Racial profiling propels a brutalizing message to citizens of the United States that they are pre-judged by the color of their skin rather than who they are and this then leads to assumptions of ruthlessness inside the American criminal justice system. With race-based assumptions in the law enforcement system a “lose-lose” situation is created due to America’s diverse democracy and destroys the ability to keep the criminal justice system just and fair. Although most police officers perform their duties with fairness, honor, and dedication, the few officers who portray to be biased then harm the whole justice system resulting in the general public stereotyping every law enforcement officer as a racial profiler (Fact Sheet Racial Profiling). When thinking about racial profiling many people automatically think it happens only to blacks but sadly this is mistaken for far more ethnic groups and races such as Jews, Muslims, Mexicans, Native Americans, and many more are racially profiled on a day to day basis. Many people believe racial profiling to be a myth because they see it as police officers merely taking precautions of preventing a crime before it happens, but in reality racial profiling has just become an approved term for discrimination and unjust actio...
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
The key to understanding racialized profiling is to understand what systemic discrimination and profiling mean. Systemic discrimination sometimes called systemic racism is defined as, “Patterns and practices… which, although they may not be intended to disadvantage any group, can have the effect of disadvantaging or permitting discrimination against… racial minorities” (Comack, 2012, p30). Profiling in policing is defined as,
Despite the fact racism has been around for hundreds of years, upcoming generations are becoming more open minded and less likely to publicly berate minorities; racial profiling, however, is the one loophole of racism America overlooks. Police officials often use the practices of racial profiling to discretely single out minority races. A common approach to this is through traffic patrols. According to a statistic based in San Jose, CA, nearly 100,000 drivers were stopped; during the year ending in June 2000; and of these drivers less than 32% were white, the remaining 68% of drivers were a... ... middle of paper ... ...
Before any argument can be made against racial profiling, it is important to understand what racial profiling is. The American Civil Liberties Union, defines racial profiling as "the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual's race, ethnicity, religion or national origin"(Racial Profiling: Definition). Using this definition we can determine that racial profiling excludes any evidence of wrong-doing and relies solely on the characteristics listed above. We can also see that racial profiling is different from criminal profiling, which uses evidence of wrong-doing and facts which can include information obtained from outside sources and evidence gathered from investigation. Based on these definitions, I will show that racial profiling is unfair and ineffective because it relies on stereotyping, encourages discrimination, and in many cases can be circumvented.
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
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.
Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Retrieved from http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf New Century Foundation. (2005). The Color of Crime: Race, Crime and Justice in America. Retrieved from http://www.colorofcrime.com/colorofcrime2005.pdf Pearson Education. (2008).