The Disparity In Sentencing Amongst Minorities In Prison

1640 Words4 Pages
bulb-icon

Recommended: Racial disparities in the US judicial system

Although some say the high disparity of minority to white prison sentences is due to repeat offenses by second and third time offenders, the disparity in the population between black and white Americans in the U.S. doesn't support the fact there are more minorities than whites in American prisons. The make- up of judges, juries and law enforcement officials in the judicial system are a factor. The high disparity amongst minorities in prison is due to the societal issues such as racial discrimination, racial inequality of lawmakers in the court system, and presumptive sentencing guidelines. Racism in American society plays a part in the manner in which the judicial system operates. The American prison population is larger than at any time in the history of the penal system in the world.” Nearly half of the more than two million Americans behind bars are African Americans. These statistics are well known and frequently cited by white and black Americans; for many they define Black humanity”. (Ryan D. King, 2010) Since the end of slavery African Americans were believed to be prone to crime and in general a menace to American Society and are to blame for this disparity. While this minority population has broken the law and deserve retribution they are ultimately products of their environment. In a study conducted as early as the late 20’s concerning minority crime. Thorsten Sellin’s research in “The Negro criminal”; a statistical note (Sellin, 1928) put it in perspective. “the stigmatization of crime as “black” and the masking of crime among whites as isolated failure, was a practice of discriminatory views by a majority white population. “The practice of linking crime to blacks, as a racial group, but not whites, he conclu... ... middle of paper ... ... democratic process Shapes the Way America Punishes Offenders. Cary, NC: Oxford University Press. Edelman, B. C. (2006). Racial prejudice, Jury Empathy,and sentencing in death penalty cases. New York , New York: LFB Scholary publishing LLC. Mohammed, k. g. (07/2010). Condemnation of blackness. Cambridge, Mass USA: Harvard University press. Rodriguez, N. (2003). Persistent offender law:Racial disparity, Patterned offenses, and unintended effects. New York ,New York: LFB Scholarly Publishing LLC. Ryan D. King, K. R. (2010). Demography of the Legal Proffession and Racial Disparities in Sentencing. Law & Society Review Vol. 44 No. 1, 1-32. Tonry, M. H. (1997). sentencing Reform in Overcrowded Times. Cary, NC: Oxford University press. Wu, J. (2011). Citizenship status, race , ethnicity and their effect on sentencing. El , Paso Texas: LFB Scholarly Publishing LLC.

Show More
Related

  • Unmasking America: A Deeper Look at Social and Economic Injustices

    1261 Words  | 3 Pages

    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

    Read More

  • Analysis Of Bryan Stevenson's Close To Death: Reflections On Race And Capital Punishment

    1861 Words  | 4 Pages

    “A report by the United States General Accounting Office in 1990 concluded that 82 percent of the empirically valid studies on the subject show that the race of the victim has an impact on capital charging decisions or sentencing verdicts or both” (86).

    Read More

  • Ethnic Overrepresented In The Criminal Justice System Case Study

    1429 Words  | 3 Pages

    In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.

    Read More

  • Power Matters By Brenda Allen

    1173 Words  | 3 Pages

    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...

    Read More

  • Analysis Of The Rich Get Richer And The Poor Get Prison

    1347 Words  | 3 Pages

    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

    Read More

  • Pros And Cons Of Disparities In Criminal Justice

    1217 Words  | 3 Pages

    criminal justice system. If the current trends persist, one out of every three African American men can expect to go to prison over the course of his life, as can one out of every six Latino males, compared to only one in seventeen white males (Bonczar 2003). For females, the figures are significantly lower, but racial and ethnic disparities are very similar. For instance, one out of every eighteen African American females can expect to go to prison, as can one out of every 45 Latino females, and one out of every one-hundred and eleven white females (Bonczar 2003). The racial disparities in imprisonment have been felt the most by young African American males (Western and Pettit 2010). Males are a significant majority of the prison and jail populations, accounting for around ninety percent of the population (Western and Pettit 2010). Racial disparities in incarceration are astounding when one counts the men who have been incarcerated in their lifetime rather than those serving time on any given day (Western and Pettit 2002). For instance, in 1989, approximately two percent of white men in their early thirties had been in prison compared to thirteen percent of African American men in their early thirties (Western and Pettit 2002). These extreme racial disparities disproportionately affect communities of color and have significant collateral effects such as family stress and dissolution,

    Read More

  • Racism: Incarceration of a Household Member and Hispanic Health Disparities

    1353 Words  | 3 Pages

    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.

    Read More

  • Racial Disparities In Sentencing

    1536 Words  | 4 Pages

    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

    Read More

  • Disparities in Sentencing: The Role of Race and Gender

    1274 Words  | 3 Pages

    Race and Ethnicity on Sentence Outcomes Under Different Sentencing Systems. Crime & Delinquency, 59(1), 87-114.

    Read More

  • Racial Disparities In The Criminal Justice System Essay

    802 Words  | 2 Pages

    Even though racism has always been a problem since the beginning of time, recently in the United States, there has been a rise in discrimination and violence has been directed towards the African American minority primarily from those in the white majority who believe they are more superior, especially in our criminal justice system. There are many different reasons for the ethnic disparities in the criminal justice system between the majority and the minority, but some key reasons are differential involvement, individual racism, and institutional racism to why racial disparities exist in

    Read More

  • Racial Discrimination in the U.S. Justice System

    4767 Words  | 10 Pages

    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...

    Read More

  • Racial Inequalities in the Justice System

    1738 Words  | 4 Pages

    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.

    Read More

  • Racialized Mass Incarceration in America

    622 Words  | 2 Pages

    In the United States, the rate of incarceration has increased shockingly over the past few years. In 2008, it was said that one in 100 U.S. adults were behind bars, meaning more than 2.3 million people. Even more surprising than this high rate is the fact that African Americans have been disproportionately incarcerated, especially low-income and lowly educated blacks. This is racialized mass incarceration. There are a few reasons why racialized mass incarceration occurs and how it negatively affects poor black communities.

    Read More

  • Mass Incarceration as a Modern Racial Caste System

    1886 Words  | 4 Pages

    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...

    Read More

  • Race And The Death Penalty

    2375 Words  | 5 Pages

    Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.

    Read More

More about The Disparity In Sentencing Amongst Minorities In Prison

Open Document