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Racial discrimination within the justice system
Racial bias in sentencing
Affirmative action on racial equality
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In the first chapter of Randall Kennedy’s book Race, Crime, and the Law, he discusses and elaborates on the effect race has had on the development of criminal law, more specifically, covering specific issues within the justice system in relations to racial discrimination against African Americans (blacks). He uses the first chapter to give a basic overview of what each following chapter grasp; he starts by identifying the four major camps regarding the race question in criminal law. The four major camps include law and order, limiting governmental power, color blindness, and advancing the interests of blacks. First, the law and order camp, basically code words to appeal covertly to anti-Negro prejudice from those who are concerned about personal …show more content…
Thirdly, the color-blind constitution, particularly, people who deny any kind of racial discrimination, but tend to reject the affirmative action against blacks who suffers from racial discrimination. Lastly, the fourth camp, individuals who are devoted and takes an interest of blacks. Mainly, explaining that people should not make false allegations of racial misconduct without maintaining evidence because it can diminish the credibility who support racial discrimination. Equally important, Kennedy expresses his political ideology “the politics of respectability”, by explaining that criminal law in the United States has been filled with racism and the justice system fails to protect blacks, however, black people play a role in the racial prejudice. To explain, he strongly feels his politics requires for blacks to avoid from engaging in conduct that might lead to offending or offend white Americans. For example, if blacks match their conduct to white Americans, white people may be more understanding and respect the racial …show more content…
By reacting in this manner, blacks can be aware of the burdens placed upon them. Therefore, blacks can assist white people with distinguishing the difference between a “good” and “bad” Negro. As a result, this will prevent white people from imputing the wrongdoing of bad Negroes with the entire African American community. In sum, the association of crime with blacks is fairly important. Overall, his historical analysis touch is based on race relations in the administration of criminal justice, where he debates that the attributes of the justice system, such as racial misconduct, abusing one’s authority, unfair sentencing, jury selection, and continuous racial bias towards African Americans while claiming the only way to eliminate racial discrimination is for officials to deal lawfully and honestly with
Despite the passing of the Civil Rights Act and Affirmative Action, racism evolved from the blatant discrimination of the 1960s like segregation, to the slightly more passive racism of the 1990s such as unfair arrests/jail time (Taylor). Curtis’ writes three decades after the aforementioned progress and yet, looking back on the 90s, there is an alarming amount of similarities between the two.
Between the years of 1954 to 1968, racism was at its peak in the South. This occurred even though the blacks were no longer slaves as of 1865 when slavery was abolished. The blacks were treated very poorly and they were still considered unequal to whites. Hiram, the main character of this novel, is a 9 year old boy who is clueless about racism. He is moved from the South to the North, away from his favorite grandfather. He wishes to go back to Mississippi and to be with his grandfather again. He never understood why his father, Harlan, wouldn't let him go. Hiram, who moved from Mississippi to Arizona, is in for a rude awakening when he is visiting his Grandfather in Greenwood, Mississippi at 16 years old. In the novel Mississippi Trial 1955, there were many complicated relationships among Hiram, Harlan, and Grandpa Hillburn. These relationships were complicated because of racism at
People of color are being pursued on the highways in the land of the free. In Bob Herbert’s “Hounding the innocent” acts of racial profiling are displayed flagrantly. Racial profiling should be illegal, since it is unfair to its victims, demoralizing, and it breaks the trust between the public and the police.
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,
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
...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.
In 1960, John F. Kennedy was elected president of the United States. During his campaign he had promised to lead the country down the right path with the civil rights movement. This campaign promise had brought hope to many African-Americans throughout the nation. Ever since Lincoln, African-Americans have tended to side with the democrats and this election was no different. The Kennedy administration had noticed that the key to the presidency was partially the civil rights issue. While many citizens were on Kennedy’s side, he had his share of opposition. Malcolm X differed on the view of the President and observed that the civil rights movement wasn’t happening at the speed Kennedy had pledged. Malcolm X possessed other reasons for his dislike of John F. Kennedy and his brothers, especially Robert. The Kennedy government stood for racial liberalism and Malcolm X argued their true intentions for the civil rights movement weren’t in the best interest of the black population. This tension streamed both ways. John Kennedy and the Federal Bureau of Investigation felt that Malcolm X had become a threat to national security. James Baldwin has written essays that have included the repeated attacks on the white liberal and supports Malcolm in many of his theories and actions.
On March 3, 1991, Los Angeles police officers attempted to stop a white sedan traveling at a high rate of speed through Lake View Terrace, a residential neighborhood in northern Los Angeles. After a short pursuit, King was ordered out of his vehicle at gunpoint. King refused to comply and became belligerent and uncooperative. The use of open-hand controls, pepper spray and tasers were ineffective, as King continued to assault officers while resisting arrest. More LAPD officers arrived and King was finally subdued with the use of nightsticks. Investigation later revealed King was under the influence of a combination of PCP and cocaine.
For the past few years there has been an ongoing debate surrounding the issue of racial profiling. The act of racial profiling may rest on the assumption that African Americans and Hispanics are more likely to commit crimes than any individual of other races or ethnicities. Both David Cole in the article "The Color of Justice" and William in the article "Road Rage" take stance on this issue and argue against it in order to make humanity aware of how erroneous it is to judge people without evidence. Although Cole and William were very successful in matters of showing situations and qualitative information about racial profiling in their articles, both of them fail at some points.
topics in section 4 revealing how the black community is especially targeted. Our judicial system is an
Welch, Kelly. 2007. “Black Criminal Stereotypes and Racial Profiling.” Journal of Contemporary Justice 23(3): 276-288 also talks about the discrimination within the courtroom, in the court it has been shown that the prosecutors when fighting a case against the defendant who’s client is Black use their race as an argument to win the case. They try to show how Black people are prone to be violent due to racial factors and therefore should be sentenced harshly. Given the history, unfortunately this argument sets in well and therefore leads to sentencing and prison time for the Black
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.
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
This paper proposes that three major factors play a role in the high rate of convictions of black men versus whites and Hispanics. These factors are the lack of diversity among legal professionals in positions of power for decision-making, specifically those in the criminal justice system; secondly, the racial disparities that exist in arrest conviction and sentencing and thirdly, the incidence of discriminatory actions within the justice system. The paper seeks to examine litera...
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...