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Is our criminal justice system fair
Racial discrimination within the justice system
Racial discrimination within the justice system
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Recommended: Is our criminal justice system fair
A close look at the United States criminal justice system shows unfairness and racism towards minorities, specifically African Americans. This truth is brought under the light by author Bryan Stevenson in his novel Just Mercy: A Story of Justice and Redemption. For example, a 2010 study found that the youngest children, ages 13 and 14, sentenced to life imprisonment without parole for non-homicide offenses were African American or Latino (Stevenson 174). The evident racism in the criminal justice system was even compared to the harsh Jim Crow laws according to Professor Michelle Alexander of Ohio State University. She found that both the racism in the system and the Jim Crow laws brought about legal discrimination against African Americans …show more content…
Human beings have always feared what they don’t understand and, in this case, they started to hate people of different skin color and races as a result of that fear. It’s a common belief that African Americans are constantly involved in some form of trouble. An example of this can be found in Bryan Stevenson’s novel Just Mercy: A Story of Justice and Redemption. Bryan Stevenson is a nationally acclaimed professor and lawyer who challenged the racism in the criminal justice system. Growing up in Atlanta, Georgia, Stevenson often witnessed acts of racial discrimination from authorities. In one situation, Stevenson became the victim of such discrimination while sitting outside of his Midtown Atlanta apartment listening to music. Authorities soon approached him, accused him of being a thief, and illegally searched his car. At that moment, Stevenson realized that we, as a society, still have a long way to go in accepting the progress African Americans have made and getting rid of negative …show more content…
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
The non-fiction text I decided to read that led me to my topic of Capital Punishment is titled, Just Mercy by attorney-at-law Bryan Stevenson, and it provides stories of a lawyer who wanted to bring justice to the court system by helping men, women and children, sentenced to death row by helping them obtain their freedom. The book first begins with a back story of the Mr. Stevenson. Bryan Stevenson is a graduate from the law soon of Harvard. His interest in Death Row cases grew when the law office he was interning for sent him to talk to a man, Walter McMillian, who was sentenced to death row after wrongfully being accused of a murder he did not commit and was framed for. Mr. Bryan helped him, and Walter was eventually released about six years in death row. In the book, Mr. Stevenson goes through many cases that he has taken upon, some failures and some great success. The people Bryan helped were mostly minorities who faced racial bias at the time of their trial. He represented not only men, but also children. There’s stories about how a woman whose baby was born dead was sentenced to prison
Justice is among the most significant moral and political concepts. The word originates from the Latin jus, meaning “right or law”. All throughout history, injustice has been an issue each individual has experienced during his or her daily life. Even today we are still experiencing riots and protests from African-Americans in order to attain justice. In Twilight: Los Angeles, 1992 by Anna Deavere Smith, readers see an example of injustice through the Rodney King case and the shooting of Latasha Harlins. Rodney-King and Latasha Harlins experienced racial injustice, which can be described as the denial of rights based on an individual’s race or racial background. Both two victims were mistreated for the color of their skin and were stripped
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
In Bryan Stevenson’s essay, “Close To Death: Reflections on Race and Capital Punishment In America” he claims that there is a tremendous racial problem in our criminal justice system. Stevenson explains,
There were many innocent people that were punished for crimes they did not commit because they could not afford adequate counsel. Being poor and black can become a life or death situation. I believe that both books makes very valid points when it comes to mass incarceration and racial biases. The injustices have become so engrained in the system that many are blind to what is actually going on. More and more black men are becoming incarcerated and this is not because more blacks commit crime, so why then are so many being institutionalized? I believe it is to try to regain that power that was lost from the abolishment of slavery. The New Jim Crow highlighted the creation of the new racial caste system by revealing that the conception of this permanent segregation was implanted well before the Civil Rights Movement ended (Stevenson, 2014). While Just Mercy pinpoints the aftermath of a preconceived idea. It showed that America operated off of fear and anger, rather than truth and
In her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander states that we still use our criminal justice system to “label people of color ‘criminals’ and then engage i...
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
...system that has existed in the United States or anywhere else in the world” (Alexander 234). W.E.B. Dubois argued that “The burden belongs to the nation, and the hands of none of us are clean if we bend not our energies to righting these great wrongs” (Alexander 217). Our nation must address this burden and correct that racial injustices created by our so-called criminal justice system. The criminal justice system cannot continue to hide behind the front of being a colorblind system - racial inequality and injustice must be challenged.
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
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 John Grishams’ (1996) film “A Time to Kill” issues surrounding the racism in the Deep South take place and based on a true life experience of John Grisham. The novel, like the movie, opens with a very brutal rape scene. It’s the socio-politics that give this film an energetic and confrontational feel of southern racial politics. Racism was still very strong even some 20 years after the civil war (Ponick 2011). Hollywood and John Grisham wanted to make bold statement about racism and they accomplished this in the closing argument of the courtroom scene.
These authors’ arguments are both well-articulated and comprehensive, addressing virtually every pertinent concept in the issue of explaining racially disparate arrest rates. In The Myth of a Racist Criminal Justice System, Wilbanks insists that racial discrimination in the criminal justice system is a fabrication, explaining the over-representation of African Americans in arrest numbers simply through higher incidence of crime. Walker, Spohn and DeLone’s The Color of Justice dissents that not only are African Americans not anywhere near the disproportionate level of crime that police statistics would indicate, they are also arrested more because they are policed discriminately. Walker, Spohn and DeLone addi...
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...
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