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Racial inequalities in the criminal justice system
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Racial Disparities within our Criminal Justice System While we dance in the streets and pat ourselves on the back for being a nation great enough to reach beyond racial divides to elect our first African-American president, let us not forget that we remain a nation still proudly practicing prejudice. - Harvey Fierstein You might find yourself reading the topic of this paper and automatically shaking your head in disagreement. After all, this is the 20th century and the Jim Crow Laws are a thing of the past. These laws are something that we read about in our History books. Racial segregation and discrimination is all but a thing of the past. Right?.....................Wrong! The facts and statistics (which I will document below) are overwhelming and the crux of the matter is that racial disparities and bias are indeed found within our criminal justice system today even in the year 2014. The truth is that our U.S. criminal justice system is a very racist system. The Methodology used to gather information for this paper was found through various sources. The sources used are all verifiable and established informational resources including (but not limited to) the following; course textbooks, books, journals, and online databases. The words otherness and unlikeness are both synonyms to the word disparity. So, when we talk about racial disparities within our criminal justice system we are essentially referring to the differences between the various races that lead to discrimination, racism, or a bias being held towards them. To understand these categories of “differences” we must first address who is at work behind the scenes in the making, instituting, and the enforcement of our criminal ju... ... middle of paper ... ...versus powder cocaine were aimed at creating even more racially disparate outcomes. The sentencing difference between the two was 100:1; the harsher punishment being placed upon the users of crack cocaine. The possession of 5 grams of crack cocaine held the very same 5 year prison sentence as the possession of 500 grams of powder cocaine. (Investigating Differences, pp.107). The Fair Sentencing Act of 2010 has been the most recent attempt and addressing and leveling this sentencing disparity. The Fair Sentencing Act included provisions to the drug statutes such as the leveling of the sentencing disparity from the 100:1 ratio to 18:1. Though some headway has been made, the sentencing still disproportionately favors the powder cocaine…..or white….drug users. So what are some of the causes for these racial disparities that we find within our criminal justice system?
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
Institutional racism, maintains the unequal outcomes in the criminal justice system result from the practice, resides in the policies, procedures, operations and culture of public or private institutions – reinforcing individual prejudices and being reinforced by them in turn’(Sveinsson, n.d.). This approach was generated by the Macpherson report, Stephen Lawrence, a young black
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
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.
The question becomes that, after all the progress we’ve made as a society, why do we still allow racism to exist, especially in our criminal justice system? The Sentencing Project, a non-profit organization that promotes changes in sentencing policies and fights against unjust racial practices, conducted a report in July 2009 and found that non-whites made up two-thirds of the people in the US with life sentences (Quigley, “Fourteen Examples of Racism in Criminal Justice System”). Our society is built upon the idea that whites are superior to all other races and, because of this, we may never be able to fully erase racism. However, we can try. Despite what these and other criticisms say, I believe that all humans are equal in all aspects of life, and that race cannot take away a person’s right to live happily and healthily in this world. Although we have come very far, we still have a long way to go. Our efforts will be worth it the day that jail sentences are based on the crime, not the race of the
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
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).
Bobo and Thompson stated that blacks are almost 34% involved in drug-related arrests, though only 14% of those are among regular illegal drug users. Among drug-related convictions, African Americans make up half of the cases, whereas only 26% of the white population is convicted. As Bobo and Thompson stated, “Illegal drug consumption seems to be a race. Incarceration for drug-related charges, however, is something visited in a heavily biased manner on African Americans.” The war on drugs is greatly concentrated on cocaine and even more so on crack cocaine.
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.
Racial bias as well as the improper funding have contributed to the mass incarceration issue our country currently faces; leaving prisoners with no help of rehabilitation and our generation with a dysfunctional criminal justice system. Our Criminal Justice system is far from perfect, with a long list of problems our system has these topics are at the top of the list and with hopes of changes so our country can have a turn to the undermined criminal system we have.
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
The issue of racism in the police and military forces is a very controversial topic. As I read A Letter to My Nephew by Alec Baldwin, the topic of racism was addressed throughout the entire source but the phrase that was most poignant was when the author discussed how many white individuals feel safer when blacks are incarcerated. The authors views of racism made my thought process maneuver in the direction of racism in the justice system. I then decided to investigate possible preventative measures. Even though this source was originally published in 1962, the views expressed on racism are still accurate today. In a study published in the Journal of African American Studies from 1980 until 2012, it was found that African American men aged