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Racial inequality in the criminal justice system
Factors contributing to racial and ethnic disparities within the criminal justice system
How RACE and crime relate
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Crime is not a homogenous action. Criminals hail from a hodgepodge of backgrounds, socioeconomic classes, and demographics. Patterns, however, have been observed across the spectrum of offenders that predict those most likely to become culprits. These patterns often come in the form of disparities between social, racial, and gender groups. The racial, socioeconomic, and gender disparities inherent in the United States criminal justice system are particularly manifested in the courts, policing methods, and prisons. Examining the policies of foreign countries’ criminal justice systems can paint a picture of reform that spells an end to unequal treatment of America’s delinquents. First, racial disparities are seemingly inherent to the criminal …show more content…
Men represent eight hundred ninety-six out of every one hundred thousand prison inmates, while women represent only fifty-six out of one hundred thousand. The rates have increased eight hundred percent since the war on drugs was initiated. Even among women prisoners, racial disparities are glaring. Hispanic and African American women have astronomically higher chances of incarceration than white women. Women are also more likely to be arrested for drug and economic crimes, such as possession or embezzlement (McGrath, 10/29). According to the chivalry hypothesis, the low rates of prosecuted female offenders reflect the leniency with which law enforcement treats women offenders (McGrath, 10/29). Gender differences in aggression and empathy play into the public perception of the ideal offender, and women do not fit the profile. Rather than applying the law equally across genders, police buy into the socially constructed view of women: meek, gentle, caring, empathic, and definitely not capable of cruel criminality (McGrath, …show more content…
For instance, creating better prisons would not only decrease the overcrowding and recidivism rate but would also equalize the application of human rights and humanize offenders. Putting a face to convicts increases the chance of proper treatment. Five of the ten worst prisons in the world are found in America, and the worst rates of overcrowding are found in the Americas (McGrath, 10/27). In some Scandinavian countries, restructuring of prisons has produced a marked decrease in recidivism. The new prisons emphasize rehabilitation over punishment and concentrate their faculties on human rights, rather than oppression. These countries have seen a twenty-five percent decrease in repeat offender rates. Rather than serving as a years-long punitive state, these prisons release detainees with a better understanding of and respect for human life and the social customs protecting it (McGrath, 10/27). Many Western European nations also appoint judges and public prosecutors, rather than holding elections. The American process of elections drives candidates to seek public approval rather than administering justice. Public opinion often is polarized in favor of harsher sentences for minority offenders, and popularly elected officials will pander to voters (McGrath, 10/27). Politicizing the criminal justice system can lead to wrongful convictions and the application of public opinion to
These women have been increasingly going to jail for longer periods of time for minor crimes, the most frequent crimes that are being convicted are mostly related to drug and alcohol related crimes as well as theft (Mental Health Coordinating Council, 2010). A survey conducted in New South Wales of female inmates had concluded that; 80% are current smokers, 78% have used an illicit drug(s), 67% were unemployed in the six months prior to incarceration, and 66% of these women had also been in a violent/abusive relationship (Mental Health Coordinating Council, 2010). It has been argued that the risk factors for offenders are derived from that of genetic theories of crime and that they are an adequate guide for correctional supervision and treatment-planning decisions for females, however others argue that this approach is highly flawed and does not take into account gender differences (Rettinger & Andrews 2010). This is an issue in the CJS and its importance cannot be undervalued, the assessment for the risk and need has implications for the assignment of female offenders to a correction option that is the least restrictive, the assignment to an appropriate intervention dosage, appropriate targeting of criminogenic needs, and an understanding of female offending (Rettinger & Andrews 2010). Due to the increasingly large number
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
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.
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
Hessick, C. (2010). Race and Gender as Explicit Sentencing Factors. Journal Of Gender, Race &
Statistical evidence has shown that women do in fact receive lesser and longer sentences when they are convicted of the similar crimes as men; such as drug related crimes (Coughenour, 1995). Criminologists provide different theories that explain the differences between male and female treatment in the criminal justice system. Once of the known theories that are express by the male counterpart that make up the criminal justice system is ‘chivalry’. By definition, ‘chivalry’ is the protection of women. This term start...
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).
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).
The US Justice Department statistics 2003 and onwards demonstrates significant disproportion in the incarceration rate of minority African American and Hispanic men between the ages of 25 and 29 years as compared to the rate associated with White men of the same age. Bell (2007), proposes that as minority groups grow in numbers within the dominant group they will experience greater equality. However, rate of incarceration among minority males remains alarmingly high and as compared to their White counterparts. As with health care there are racial disparities that will influence outcomes when an individual is brought before the criminal courts. Additionally, there is significant correlation between a person’s level of education and the likelihood of his involvement in criminal activities. Studies and statistics have shown that among male high school dropouts there is high incidence of unemployment, low income and rate of illicit drug use as compared to men with degrees from four year colleges. Further to this, although the rate of school dropout and even arrest is not significantly different across the race lines, literature alludes that African American men have a higher rate of conviction for the same crime committed.
There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1
In the wake of President Obama’s election, the United States seems to be progressing towards a post-racial society. However, the rates of mass incarceration of black males in America deem this to be otherwise. Understanding mass incarceration as a modern racial caste system will reveal the role of the criminal justice system in creating and perpetuating racial hierarchy America. The history of social control in the United States dates back to the first racial caste systems: slavery and the Jim Crow Laws. Although these caste systems were outlawed by the 13th amendment and Civil Rights Act respectively, they are given new life and tailored to the needs of the time.In other words, racial caste in America has not ended but has merely been redesigned in the shape of mass incarceration. Once again, the fact that more than half of the young black men in many large American cities are under the control of the criminal justice system show evidence of a new racial caste system at work. The structure of the criminal justice system brings a disproportionate number of young black males into prisons, relegating them to a permanent second-class status, and ensuring there chances of freedom are slim. Even when minorities are released from prisons, they are discriminated against and most usually end up back in prisons . The role of race in criminal justice system is set up to discriminate, arrest, and imprison a mass number of minority men. From stopping, searching, and arresting, to plea bargaining and sentencing it is apparent that in every phases of the criminal justice system race plays a huge factor. Race and structure of Criminal Justice System, also, inhibit the integration of ex offenders into society and instead of freedom, relea...
Racism within the Justice System. Living in the twenty first century, Americans would like to believe that they are living in the land of the free, where anyone and everyone can live an ordinary life without worrying that they will be arrested on the spot for doing absolutely nothing. The sad truth, with the evidence to prove it, is that this American Dream is not all that it appears to be. It has been corrupted and continues to be, everyday, by the racism that is in the criminal justice system of America. Racism has perpetuated the corruption of the criminal justice system from the initial stop, the sentencing in court, all the way to the life of an inmate in the prison.
First, Chesney-Lind points out that research on female offenders in general is lacking, and that victimization plays a key role in the offending of women. "…Responses must address a world that has been unfair to women and especially those of color and pover...
Race and crime is a major topic in today’s world because it is a highly debated subject and has a major impact on how society is today. Race and crime go hand in hand. No matter who commits a crime, there is always a race involved. With race and crime there are many stereotypes that come with the subject. Race and crime are both active matters in everyday life. It is everywhere. Social Media involves race and crime in practically anything. If one is active on say for example twitter, the point of twitter is to keep your followers interested by what you are showing them. There is a reason why the news opens up with the most violent crimes and twitter is no different. As a matter of fact any form of media grasps onto it. Another example would