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Racism in the american justice system
Racism in the justice system united states
Racism in the united states
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The Scottsboro Boys saga was a travesty at the time and remains an indelible mark on America’s social, cultural and judicial history. Their plight became a symbol of the oppression faced by black Americans in an America where white supremacy reigned as an accepted fact of life. Now something of folkloric proportion, this example of pervading southern prejudice and gross injustice captures a moment in America’s law and order environment. The Scottsboro Boys trials to this day highlight the climate of enduring racism socially, culturally and embedded in the legal system. Equally, the case shows the uneven application of the law and to some extent, a changing law and order environment.
The Scottsboro Boys trial highlighted the entrenched racism
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deep in the American south. The nature of the alleged crimes, the conduct of the trial and the demeanour of the prosecution and defence all speak in volumes about the nature of racism in the given context. The nature of the crime, the alleged rape of Victoria Price and Ruby Bates by nine coloured youths speaks volumes towards the existing understandings at the time that “black men are rapists” . Broadly speaking, at the time rape was understood to be an attack on a chaste white woman by a male stranger, assumed to be black. This was part of a broader narrative that painted black men to be animals with a savage nature that naturally inclined them to rape white women, often used to justify extra-legal violence like lynching. The Scottsboro Boys trials did however, manage to begin the process of unlinking race and rape and debunk the stereotypes that portrayed black men as sexual predators. As such, the very nature of the alleged crime paints of a portrait of the racism at the time, “many Americans believed that racism, rather than rape, had condemned the defendants.” The trial itself was coloured with racism on the parts of the jury and more specifically, the prosecution. “Mr Leibowitz: I have treated his witness with much more courtesy and with much more decency than he is showing this negro on the stand; he is running at him and shouting and pointing his finger at him, trying to embarrass him; he is only an illiterate negro, give him a chance. I treated your witness with the utmost courtesy. General Knight: I am not ashamed of the way I am examining this witness.” As it were, it seems that the Scottsboro Boys were guilty before proven innocent, an attitude closely tied to the colour of their skin. Despite the plea, “I do not want a verdict based on racial prejudice or a religious creed. I want a verdict based on the merits of this case.” Perhaps unsurprisingly, a guilty verdict was returned. As Leibowitz stated, “If you ever saw those creatures, those bigots whose mouths are slits in their faces, whose eyes popped out at you like frogs, whose chins dripped tobacco juice, bewhiskered and filthy, you would not ask how they could do it.” This ultimately sealed the understanding that racism was an uncontested part of life in the American south. These black youths did not stand trial to a jury of their peers, but instead a sea of white southern ‘gentlemen’. The Scottsboro Boys trials highlighted the issues with the legal system in America at the time, but can also be read now to note a changing law and order environment.
One can’t forget that the Scottsboro boys trials took years to come to a frankly unsatisfactory conclusion. Seven of the nine boys were in jail for six years without seeing a courtroom. This immediately brings to light a lack of due process and subsequently, a complete disregard for the 14th Amendment. “The less said about sectionalism and prejudice the better.” The trials highlighted issues of sectionalism in the legal system, perhaps most clearly seen in the tension between prosecution and defence, “now the question in this case is: ‘Is justice going to be bought and sold in Alabama with Jew money from New York?’” . Bringing to the forefront the tensions between North and South in antebellum Alabama, this sectionalism was seen mainly through anti-Semitic remarks. The Norris v. Alabama case stressed the difficulties with the American legal system, in that the Supreme Court could not enforce laws and protect rights on a state level, it also meant many saw Leibowitz as trying to confront the southern way of life,
“to many local observers it was one thing to defend rapists – that after all, is part of the American justice system – but it was another, unforgiveable thing to come to Alabama and attack their social order and way of
life.” As mentioned previously, racism was deeply embedded in the courtroom, “it never occurred to him [that prejudice] could have knocked, introduced itself, and then walked right in the front door [of the courtroom].” That being said, elements of the Scottsboro Boys trial notes a shift in the law and order environment. Judge Horton was a “Southern Gentleman with strong ties to the confederacy,” yet he was “an active proponent of fairness in the context of the law, as well as a staunch opponent of lynching and popular justice.” In his summation, “Any man or group of men that attempts to take charge outside of the law, are not only disobedient to the law, but are citizens unworthy of the protection of the State of Alabama, and unworthy of the citizenship which they enjoy. I say this much, that the man who would engage in anything that would cause the death of any of these prisoners is not only a murderer, but a cowardly murderer.” Makes clear that extra-legal violence would have no home here, noting an important shift away from popular justice and to faith in the legal system. The Scottsboro Boys trials were one of the most important legal proceedings in 20th century America. A saga that produced trials, convictions, reversals and retrials for an alleged rape that was ultimately confirmed, did not happen. These boys were arrested, faced trial and convicted not based on fact, but on the colour of their skin. The trials highlight the racial environment at the time, as well as the challenges of the legal system and its potential to change. The Scottsboro trials were in fact, a tragedy and miscarriage of justice in its truest form, and a reflection of the culture and social norms in Alabama at the time.
...e to breach Supreme Court sovereignty would render the different minorities, residing in the United States, helpless to further governmental legislature justifying racial discrimination. In their struggle to preserve racial inequality segregationists immorally resorted to using violence against children. Through “a sharp realisation of the shameful discrimination directed at small children” the world perceived an inconsistency in a nation that preached freedom for all, though denied the very same right to its children. Ernest Green and the other eight students “learned unmistakably that they possessed irresistible power” during the crisis but only if they realised it and united against discrimination and racism.
The purpose of this essay is to compare three very similar cases, the Scottsboro Trials, Brown v. Mississippi, and the fictional trial of Tom Robinson in Harper Lee’s To Kill a Mockingbird; and to prove why the defendant of the third trial never had a chance. Each took place in the rural South in the 1920’s and 30’s and involved the unfair conviction of young black males by all-white juries pressured by the threat of mob violence. Each lacked the evidence sufficient for conviction, most especially for the death penalty. Last, heroes emerged from each trial and made small but solid steps towards equal justice for all.
In his book, Blood Done Sign My Name, the author Timothy Tyson tells the story of the highly combustible racial atmosphere in the American South before, during, and after the Jim Crow era. Unlike Margaret Mitchell’s account of the glory and grandeur of the Antebellum South, Tyson exposes the reader to the horrific and brutal reality that the black race experienced on a daily basis. Tyson highlights the double standard that existed during this period in history, arguing that the hypocrisy of the “white” southern judicial system allowed the murder of a young black African-American male at the hands of white racists to go unpunished (Tyson 2004, 244). The hypocrisy and double standard that allowed whites to bring harm to blacks without fear of any repercussions had existed for years before the murder Tyson wrote about occurred in May of 1970 (Tyson 2004, 1).
Based on the pronouncements of the court on May 17, 1954, everyone in the courtroom was shocked after it became clear that Marshall was right in his claim about the unconstitutionality of legal segregation in American public schools. Essentially, this court’s decision became a most important turning point in U.S. history because the desegregation case had been won by an African American attorney. Additionally, this became a landmark decision in the sense that it played a big role in the crumbling of the discriminatory laws against African Americans and people of color in major socioeconomic areas, such as employment, education, and housing (Stinson, 2008). Ultimately, Marshall’s legal achievements contributed significantly to the criminal justice field.
.guilty. . .guilty. . .guilty. . .” (211). By using only four guilty’s, Lee is able to demonstrate that the word of two white people has a greater effect than that of an African American even though the man who was put up for his life had not harmed, nor had he ever damaged anything he came into contact with.
“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.
C. Vann Woodward’s book, The Strange Career of Jim Crow, has been hailed as a book which shaped our views of the history of the Civil Rights Movement and of the American South. Martin Luther King, Jr. described the book as “the historical Bible of the civil rights movement.” The argument presented in The Strange Career of Jim Crow is that the Jim Crow laws were relatively new introductions to the South that occurred towards the turn of the century rather than immediately after the end of Reconstruction after the Civil War. Woodward examines personal accounts, opinions, and editorials from the eras as well as the laws in place at the times. He examines the political history behind the emergence of the Jim Crow laws. The Strange Career of Jim Crow gives a new insight into the history of the American South and the Civil Rights Movement.
“Simple Justice” was written by Richard Kluger and reviews the history of Brown v. Board of Education, the Supreme Court decision that outlawed segregation, and African America’s century-long struggle for equality under law. It began with the inequities of slavery to freedom bells to the forcing of integration in schools and the roots of laws with affect on African Americans. This story reveals the hate caused the disparagement of African Americans in America over three hundred years. I learned how African Americans were ultimately acknowledged by their simple justice. The American version of the holocaust was presented in the story. In 1954 the different between how segregation and slavery were not in fashion when compared with dishonesty of how educating African American are separate from Caucasian was justified by the various branches of government.
The Strange Career of Jim Crow, by C. Van Woodward, traces the history of race relations in the United States from the mid and late nineteenth century through the twentieth century. In doing so Woodward brings to light significant aspects of Reconstruction that remain unknown to many today. He argues that the races were not as separate many people believe until the Jim Crow laws. To set up such an argument, Woodward first outlines the relationship between Southern and Northern whites, and African Americans during the nineteenth century. He then breaks down the details of the injustice brought about by the Jim Crow laws, and outlines the transformation in American society from discrimination to Civil Rights. Woodward’s argument is very persuasive because he uses specific evidence to support his opinions and to connect his ideas. Considering the time period in which the book and its editions were written, it should be praised for its insight into and analysis of the most important social issue in American history.
As Elie Wiesel once stated, “I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented” (“Elie Wiesel Quote”). Michelle Alexander’s book The New Jim Crow, which discusses criminal justice and its role in mass incarceration, promotes a similar idea regarding silence when America’s racial caste system needs to be ended; however, Alexander promotes times when silence would actually be better for “the tormented.” The role of silence and lack of silence in the criminal justice system both contribute to wrongly accused individuals and growing populations behind bars.
Desmond King and Stephen Tuck’s “De-Centring the South: America’s Nationwide White Supremacist Order after Reconstruction” was focused on how white supremacy flourished in not only the South, but in the North and West as well, debunked that the North and West were much better places to live regarding racial discrimination, and how African Americans had lacking representation in the political sphere. Laura F. Edwards, on the other hand, discusses how the legal system judged certain crimes, such as rape, were affected by one’s sex, black women’s and white women’s experiences with sexual assault, the assumptions related to the lower class affected women, and misogyny in her “Sexual Violence, Gender, Reconstruction, and the Extension of Patriarchy
Danny Thiemann Mrs. Fleetwood English I-C 13 April 2014 Separate but not equal Does the name Jim Crow ring a bell? Neither singer nor actor, but actually the name for the Separate but Equal (Jim Crow) Laws of the 1900s. Separate but Equal Laws stated that businesses and public places had to have separate, but equal, facilities for minorities and Caucasian people. Unfortunately, they usually have different levels of maintenance or quality.
Between 1882 and 1952 Mississippi was the home to 534 reported lynchings’ more than any other state in the nation (Mills, 1992, p. 18). Jim Crow Laws or ‘Black Codes’ allowed for the legalization of racism and enforced a ‘black way’ of life. Throughout the deep-south, especially in rural communities segr...
Many ideas of sociology go hand-in-hand. This is true when you apply the sociological science to the story of Jennifer Thompson-Cannino and Ronald Cotton. Racism is the dominant social issue that exists in their story. The underlying sociological concepts of discrimination, ascribed status, norms, accommodation, alienation, institutions, and closed systems are also present. The attack of Jennifer Thompson-Cannino was horrific and she had a right to justice. Still, considering the circumstances, one has to wonder if the judicial system was quick to jump to the conclusion of Ronald Cotton’s guilt based on his race
Equality is something that should be given to every human and not earned or be taken away. However, this idea does not present itself during the 1930’s in the southern states including Alabama. African Americans faced overwhelming challenges because of the thought of race superiority. Therefore, racism in the southern states towards African Americans made their lives tough to live because of disparity and inhumane actions towards this particular group of people.