Racial Disparity in the Correctional Population
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.
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 affect on the overrepresentation of minorities in the correctional population. The prospect of a racially discriminatory process violates the ideals of equal treatment under law under which the system is premised (Kansal, 2005).
Law enforcement, as the frontline of the criminal justice system has a great deal to do with who ends up being incarcerated. Law enforcement personnel are the initiating beings who start the path to incarceration for individuals they come in contact with. Their decision in terms of making a stop, making a report, making an arrest and so on determines if and how that individual will enter the criminal justice system.
One discriminating practice used by police officers is racial profiling. This is the police practice of stopping, questioning, and searching potential criminal suspects in vehicles or on the street based solely on their racial appearance (Human Rights Watch, 2000). This type of profiling has contributed to racially disproportionate drug arrests, as well as, arrests for other crimes. It makes sense that the more individuals police stop, question and search, the more people they will find with reason for arrest. So, if the majority of these types of stop and frisk searches are done on a certain race then it makes sense that tha...
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...ecommendations to reach this goal are to establish accreditations for law enforcement, increase the data collection, and continue to diversify the workplace, and reform court procedures and sentencing guidelines.
References
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
Kansal, T. (2005). In M. Mauer (Ed.), Racial disparity in sentencing: A review of the literature. Washington, DC: The Sentencing Project. Retrieved April 12, 2005, from The Sentenceing Project Web site: http://www.sentencingproject.org/pdfs/disparity.pdf
Human Rights Watch. (2000, May). United States Punishment and Prejudice: Racial Disparities in the War on Drugs (Vol.12, No.2 (G)). New York: Human Rights Watch. Retrieved April 12, 2005, from Human Rights Watch Web site: http://www.hrw.org/reports/2000/usa/Rcedrg00-01.htm
ACA Policies and Resolutions. (2004, October). Corrections Today, 66(6). Retrieved April 12, 2005, from EBSCOhost Web site: http://web9.epnet.com/citation.asp?tb
The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.
For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently
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
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
While the stop and frisk program ultimately seems like a great idea and that it will help residents of New York City feel safer while on the streets, there has been much controversy with this program. The issue of racial profiling is largely discussed when talking about NYPD’s stop and frisk program. Besides police officers targeting lower income neighborhoods, more stops are of African Americans or Latinos than of whites. These stops often end up with a higher arrest rate. Of the 685,784 stopped last year, 92% were male and 87% were African American or Latino (Devereaux, 2012).
One of the biggest reason stop-and-frisk should be abolished is in hopes to decrease such blatant racial profiling that has been going on under the name of “stop-and-frisk”. In 2007, 55% of the people stopped in New York were blacks and 30% were Hispanic (“Update: Crime and Race”). When checked again in 2011 a total of 685,000 people were stopped by the police of that 685,000, 52.9% were African Americans, 33.7% were Latino, and 9.3% were white (“Racial Profiling”). There is a story of an innocent victim of the stop-and-frisk policy, a man by the name of Robert Taylor. Police in Torrance stopped the elderly man and claimed he fit the description of a suspect that was linked to a robbery. But there was one simple problem; Taylor is a light complexioned, tall, 60 year-old man and the suspect was believed to be a short, dark complexioned, stocky man in his thirties; nothing like Taylor at all (Hutchinson). His shows that the police do not always stop people based on the right reasons, they tend to stop people based on the color of thei...
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...
Race and Ethnicity on Sentence Outcomes Under Different Sentencing Systems. Crime & Delinquency, 59(1), 87-114.
There have been many studies and case reports involving racial profiling, particularly racial profiling issues involving traffic stop and seizures. In a study done of reports on the stop-and-searches done on Interstate 95 in Maryland, it was found that 28.4 percent of black drivers and passengers and 28.8 percent of white drivers and passengers stopped were found with illegal contraband. (U.S. Department of Justice) The disparity between the two statistics is a mere .4 percent and shows that race is not an issue. Further reading into the seventy one page report written by the U.S. Department of Justice sho...
The Sentencing Project. (2008). 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
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.
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 colony of Liberia was at governed for many years by white agents of the ACS, and it wasn’t until they gained independence in 1847 that they switched to a black leader. The Liberia experiment to repatriate slaves from America was not a success, because although African-Americans successfully created a free, independent state of their own, they did not fully know how to govern themselves, and pending the withdrawal of the ACS, newly established Liberia spun out of control economically, politically, and socially. Without the aid of the ACS, the government of Liberia became corrupted. Their third president William V.S. Tubman “changed the constitution,” to allow himself to continue to be reelected. This style of authoritarian rule killed the country from the inside out before any of its other issues even came
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 Disproportionate Minority Confinement is disproportionate representation of the minority youth in the Juvenile Justice system. DMC became core requirement under the Juvenile Justice and Delinquency Prevention Act 1974. Minorities were over presented as perpetrators and underrepresented as victims. The DMC has four components: identify to the cause, asset the problem, to identify the causes, and to develop and help to create a plan to decrease the problem. The Disproportionate Minority Confinement (DMC) of Youth: An Analysis of State and Federal Efforts to Address the Issue by Michael Leiber gave the readers a background and summary of the DMC report and focused on the effort put forward by the state and federal to decrease the overrepresentation