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Racial discrimination in the united states criminal justice system
Examples of racial disparity in sentencing
Disparity and discrimination in the criminal justice system
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Due to the unfair sentencing disparity between crack and cocaine, despite the fact that the two are the same drug, just in different forms, the government endorsed a law to reduce the sentencing of those who were convicted of crack related offenses. Repealing past wrong doings seemed to be a hurdle initially for lawmakers, but ultimately inmates finally received some of the justice that they deserved. The disparity in sentencing was seen by many as to be a racial war, considering the fact that blacks typically used crack, and whites used powder cocaine. Even though they are in essence the same drug, just broken down into different forms. The amount of jail time someone convicted for cocaine related charge was drastically shorter than the amount given to someone who dealt with crack. On August 3rd, 2010 President Barack Obama signed the Fair Sentencing Act into law. This is not the first law signed, but it is more extensive, and meets different criteria than the others. Unfortunately, there were several Acts produced before Fair Sentencing Act of 2010, but some failed to be introduced, and some only pacified the problem With everything in life, we can work to fix injustices and a problem in society, but trying to fix what was wrong not only takes time, but also may be imperfect. As mentioned previously race played and still does play a large role in how crime is treated in the United States. This article explains how the racial disparity is not a coincidence and the article provides facts of the disparity, and what the Fair Sentencing Act does. The author begins the article by chronologically exploring the details of how the disparity began. The Anti- Drug Abuse Act of 1986, which was introduced in the Reagan-era, was responsible for the disparity. The Act stated that 1 gram of cocaine was equal to 100 grams of crack (Davis 2011). An extremely large difference. She ends the article explaining that despite the fact that there is a decrease in the ratio, it is still unfair. The Fair Sentencing Act only works to reduce the disparity and does not eliminate it completely (Davis 2011). While the ratio was once 100-1(crack to cocaine), the Fair Sentencing Act of 2010 brought it down to 18-1. Despite the fact that the Fair Sentencing Act is not 100% fair, it did work to provide many changes in the sentencing guidelines.
“Just Say No!” A statement that takes us deep into yet another decade in the history of the United States which was excited by controversies, social issues, and drug abuse. The topic of this statement is fueled by the growing abuse of cocaine in the mid 1980s. I shall discuss the effects of the crack cocaine epidemic of the mid 1980s from a cultural and social stand point because on that decade this country moved to the rhythms and the pace of this uncanny drug. Cocaine took its told on American society by in the 1980s; it ravaged with every social group, race, class, etc. It reigned over the United States without any prejudices. Crack cocaine was the way into urban society, because of its affordability in contrast to the powdered form. In society the minorities were the ones most affected by the growing excess of crime and drug abuse, especially African Americans; so the question was “Why was nearly everybody convicted in California federal court of crack cocaine trafficking black?” (Webb: Day 3). The growing hysteria brought forth many questions which might seem to have concrete answers, but the fact of the matter is they are all but conspiracy in the end, even though it does not take away the ambiguity and doubt. I will take on only a few topics from the vast array of events and effects this period in time had tended to. Where and who this epidemic seemed to affect more notably, and perhaps how the drugs came about such territories and people. What actions this countries authority took to restore moral sanity, and how it affected people gender wise.
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
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
A 1997 RAND Corporation study found that treatment of heavy drug users was almost ten times more cost effective in reducing drug use, sales, and drug-related crime than longer mandatory sentences (Echols, 2014). Other studies have shown that mandatory penalties have no demonstrable marginal or short-term effects on overall crime reduction either. Congress established mandatory sentences in order to incarcerate high-level drug criminals, but according to the U.S. Sentencing Commission, only 11 percent of drug charged prisoners fit that description (Echols, 2014). Most of those incarcerated are low-level offenders, whose spots in drug trafficking are easily filled by other people. Mandatory minimum sentencing is essentially a waste of scarce criminal justice resources and federal funds that could be used elsewhere, and The Smarter Sentencing Act’s reduction of mandatory minimums can be the first step in eliminating minimum sentencing altogether. Ideally, given the opportunity for discretion, judges would be more inclined to issue more effective alternatives to incarceration, such as rehabilitation programs and/or
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
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 ). The.
stated his hope that "the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear-drenched communities" (King 980-981). Unfortunately, upon analysis of the drug war, it is found that those dark clouds remain suspended above America,and that fog is as blinding as ever. Research into drug usage and selling has found that "drug use and selling are comparable across racial lines" (DPA). In light of this fact, it logically follows that arrest rates would be fairly even across racial lines, however, this is not the case. In fact, "African Americans represent 12% of the total population of drug users, but 38% of those arrested for drug offenses, and 59% of those in state prison for a drug offense" (NAACP). There are many contributing factors that lead to these statistics, but the most prominent among them is the heavy scrutiny of poor, mostly minority neighborhoods. To make matters worse, sentencing for drug crimes also has a high racial discrepancy. According to the Sentencing Project, "African Americans serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months)"(NAACP). Another example of this is the disparity in sentencing is the comparison of those caught with powder cocaine and those caught with crack cocaine. Despite being essentially the same substance, "federal penalties for
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
“The Federal Sentencing Guidelines Manual states that one of the three objectives Congress sought to achieve in enacting the Sentencing Reform Act of 1984 was “reasonable uniformity” in sentencing by narrowing the wide disparity in sentences imposed for similar criminal offenses committed by similar offenders (Spohn, 2013).”
In the past, the Jim Crow laws were laws in the Southern United States that enforced segregation. It was supposed to be a “separate but equal” status for Blacks and Whites. However, the conditions for Black Americans were consistently underfunded and substandard as compared to the conditions for White Americans. Michelle Alexander calls the War on Drugs “The New Jim Crow” because there are flaws in the criminal justice system that target black men more than white men. This War on Drugs targets black men in many ways including in the Anti-Drug Abuse Act of 1986, more serious punishments were implemented for crack distribution (associated more with Black people) than pure cocaine (associated more commonly with upper class White people). Civil penalties as well, like not being able to live in public housing or get student loans, accompany the harsh prison sentences. Michelle Alexander writes of the effects of mass incarceration on Black Americans in the United States. Michelle Alexander explains that the Jim Crow laws from before are functionally equivalent to todays mass incarceration practices. There is a racial disproportion impact of the War on Drugs, which drove the increase of incarceration rates. Then, after incarceration, there are harsh effects on the rights of Black Americans including voting rights, serving on juries, the rights to receive
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.
Separate studies conducted between 1993 through 2014 reveal that there are racial bias undertones that result in black defendants being sentenced to the death penalty more often when the victim is white, than vice versa. Given the racial stereotypes surrounding African-Americans in regards to drugs, and the now known ungrounded “War on Drugs” subjecting those who traffic in large quantities of drugs to the death penalty would be an egregious misuse of the judicial system with its variety of
The penalties for sentencing federal cocaine offenses were enacted in 1986 and 1988 where it established mandatory minimum penalties for both powder and crack cocaine. The 1986 act was in accordance to an offender convicted of trafficking controlled substance. The 1888 act created a mandatory minimum penalty for possession of a controlled substance. Crack cocaine received harsher punishment under both laws known as the 100-to-1 cocaine to crack cocaine ratio. Under the 1988 law, 5 grams or more of crack cocaine or 500 grams or more of powder cocaine triggers a minimum sentence of five years (1995 U.S.S.C. Report; 21 U.S.C. § 841(b)). After the 1991 U.S.S.C Report until the Violent Crime Control Act of 1994, critics argued the current cocaine sentencing policies were unfair due to harsher punishment for lower drug mule compare to drug dealers and ineffective in deterring drug use or reducing trafficking (1995 U.S.S.C.
When sentencing someone the Criminal Justice Act 2003 sets out the aims of sentencing for adult offenders. It focus’ on the punishment of the offenders, the reduction of crime (which includes reduction by deterrence), the reform and rehabilitation of offenders, protection of the public and the making of reparation by offenders to persons affected by their offences.