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Justice and equality relationship
Discrimination in the justice system cases
Discrimination in the justice system cases
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The opinions we form about others are highly influenced by their outward physical appearance. Although everyone is told not to judge a book by its cover, our minds make snap judgements as part of human nature. That being said, what we assume about someone’s appearance has been influenced by years of racial stereotyping and persecution. Because of this prejudice people of color are often treated differently than whites. The novel Just Mercy: A Story of Justice and Redemption by Bryan Stevenson and the song “The Lonesome Death of Hattie Carroll” by Bob Dylan discuss the inequality of the law based on the color of one’s skin. Stevenson argues that people of color and poverty often receive harsher treatment than white people for the same crime, …show more content…
Mr. McMillian was accused of shooting and killing a woman, who happened to be white, one afternoon in the dry cleaners. Walter was charged with first degree murder and sentenced to die. “The Lonesome Death of Hattie Carroll” by Bob Dylan is about a very similar murder that occurred with the only main difference being that a white male, William Zanzinger, murdered an older black woman. Instead of receiving the harsh sentence given to McMillian, the affluent and successful William Zanzinger only received a sentence of six months. This inequality in sentencing is based on the world’s racial bias. On paper the two crimes are the same. Both are cases of first degree murder and both involve a woman being killed by a man, so it was the addition of race that changed the outcomes. That same implicit association that makes it hard for most of us to punish a rich white man for murder, made it easy to sentence a black man, even a successful black man, to …show more content…
Unfortunately, it tends to play a big role in the American judicial system. Simply changing the color of someone’s skin, a minor variable, can completely change the outcome of a lot of court cases. On a straight road of justice those looked as “lesser” curve to the right towards harsher treatment while those who are affluent and white, curve left towards increased leniency. Bryan Stevenson discusses how the color of one’s skin and financial status can truly affect how the world perceives someone. The idea of the poor or pigmented being looked down on is perfectly summarized in the introduction of Just Mercy when Stevenson says, “the opposite of poverty is not wealth; the opposite of poverty is justice,” (Stevenson 18). Stevenson isn’t making the claim that people in poverty cannot ever receive justice, but he is pointing out how much harder attaining justice would be. In the case of William Zanzinger, his wealth made it so easy for him to be released on bail after committing a murder. On the other hand, Walter McMillian, who came from a poor background, lacked the resources he needed in order to adequately fight for himself. It is very easy to see that the lawyer assigned to McMillian by the state does not compare the excellent lawyer that Zanzinger’s money was able to buy. The issue of finances and the type of lawyer someone is able to afford sets up the system so that some people are at the disadvantage. As we see
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). Lynching of black men was common place in the south as Billie Holiday sang her song “Strange Fruit” and the eyes of justice looked the other way. On the other side of the coin, justice was brought swiftly to those blacks who stepped out of line and brought harm to the white race. Take for instance Nate Turner, the slave who led a rebellion against whites. Even the Teel’s brought their own form of justice to Henry Marrow because he “said something” to one of their white wives (1).
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,
By coming into the country, other races are denied of superiority and are exposed to an already “racialized society”. (pp.78) Oppression also comes into place with hierarchy, such as the “Bonds of Sisterhood” by Romero that portrays a difference between African American servants and housewives. It sets up an inequality between both women, showing inferiority over African American woman. One last reading that has emerged and captivated attention is Just Mercy by Bryan Stevenson. Stevenson expresses oppression in one of his own narratives when he was discriminated by two S.W.A.T officers. He describes his experience terrifying yet shocking since he had done nothing wrong. He was accused of a burglary based on the color of his skin because he lived in a white neighborhood. Not only that, but he was also investigated and searched which violated his rights. This unlawful act portrayed the ignorances for complex, multiple, and cross cutting relationships because Stevenson was an educated lawyer; yet, was seen different by the two officers in his own residence. Overall, Stevenson’s book has captured attention since it has given an experience of what he went
Harper Lee sheds light upon the controversy of racism and justice in his classic novel, To Kill a Mockingbird. The notion of equality in accordance to the law and the pursuit of justice are hindered by racial discrimination. The essential essence of human nature is pondered. Are we inclined to be good or in the wrath of evil? The novel reflects on the contrasting nature of appearance versus reality.
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
Bryan Stevenson states that in the U.S one out of three black men are either in prison or on probation/parole. Within the criminal justice system, it has been brought up that there is still racial and wealth inequality. Stevenson argues that one is likely to be treated better if they are rich and guilty opposed to being poor and innocent. Identity becomes a factor in this controversial issue when it is clear that no one is fighting for the equality. Stevenson brings up the point of the issue not being personal. If the problem is not personal, then it’s not the problem of the community. However, he argues that if no one will address problem, then the problem will never get solved. Similarly, Bryan Stevenson proclaims that within the nation, identity is based solely on how the poor is treated. People in poverty have a lack of opportunity, and they are often blamed and mistreated for this unfortunate way of life. Stevenson goes on to say that “the opposite of poverty is not wealth, it is justice.” What he means by this statement is that poverty is unjust. The fact that one is less fortunate the most should never be the reason to be mistreated. Recognizing that poverty is injustice is a positive way of improving one’s identity because may be the start of dealing with one of the nation’s many
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 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.
Crimes in America can be vicious and brutal, often leading to long, draw out trials, but it is only fair if you charge the right man. The only way that it can be fair is if you go by the facts and not the appearance of the accused. Many trials in America have men of color pointed out to be criminals. Many crimes are committed for a reason but many people label it as unknown. People are racist especially against colored people, they believe that white men are innocent but that is not always true. They always turn against the colored people for many crimes that could have been committed by a white man. The novel,Monster and the documentary “Murder On A Sunday Morning” are the same because,both cases have similar charges,both crimes were taken in a public place,and the both consist of racism either by the jury or police.
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
Racism Review: Scholarship and activism toward racial justice. (2010). Race and the Death Penatly 2: Black defendants, White Victims . Retrieved from Racism Review: Scholarship and activism toward racial justice : http://www.racismreview.com/blog/2010/04/17/race-and-the-death-penalty-ii-black-defendants-white-victims/
It is important that each case is treated equally when carrying out justice to keep the United States a safe place, to form a nation with good education, and to teach people to judge right from wrong. However, sometimes rights are taken from the wrong people. Our legal system is creating a dangerous path for African Americans in our country because of its’ highest per capita incarceration rate, its’ favoritism towards those in power, and its failure to carry out justice to protect people from the dangerous acts of those who are defined as criminals. Was justice really served in the “State of Florida vs. George Zimmerman” case? Is our justice system fair to all races?
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.
In Griffin v. Illinois, the late Justice Hugo L. Black wrote: "There can be no equal justice when the kind of trial a man gets depends on how much money he has in his pocket." If two suspects, one wealthy, one poor, are charged with a capital crime, the standard of justice changes. The rich defendant will post bail, preserve attorneys of choice, hire investigators and hire experts who will give psychiatric testimony for the defense. (Dispoldo, Nick.) The National Coalition to Abolish the Death Penalty (NCAB) wrote in its fact sheet “Death Penalty Overview: Ten Reasons Why Capital Punishment is Flawed Public Policy” published on its website (accessed Aug. 19, 2008): ): “Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases. There have even been instances in which lawyers appointed to a death case were so inexperienced that they were completely unprepared for the sentencing phase of the trial. Other appointed attorneys have slept through parts of the trial, or arrived at the court under the influence of alcohol.”(procon.org.) The death penalty shows discrimination. The more money people have in their