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Racial discrimination within the U.S. criminal justice system
Racial discrimination in the justice system timeline
Racial discrimination in the justice system timeline
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The justice system is meant to uphold strong morals and promote fairness and equality for all. However, often times the justice system fails to meet those standards. Examples of this can be seen not only in fiction but in the real world every single day. From the case of Tom Robinson in the fictional 1930s Maycomb county to the courts in Washington D.C. to this day, cases of injustice run rampant. This leaves everyone wondering what the cause of these injustices are, who or what is to blame, and how it can be fixed. The justice system is still flawed in different ways just as it was in the 1930s when Tom Robinson took the stand.
There are many unfortunate souls who in modern times still fall into Tom Robinson’s shoes. One example is David
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Johns Bryson who served sixteen years in an Oklahoma prison for a crime he didn’t commit (David). On September 23rd, 1982, a woman was leaving her job at a law firm in Oklahoma City when she was attacked by a man. The attacker forcefully moved into the woman’s driver’s seat and threw her into the passenger seat (David). The man began to drive away while beating the woman over the head and simultaneously forcing her to perform oral sex on him (David). The attacker later stopped his car near a ravine located in southeast Oklahoma City where he then ripped off the victim’s shirt and blindfolded her with it (David). He then proceeded to rape her vaginally and anally while repeatedly forcing her perform oral sex (David). Luckily, prior to being blindfolded, the woman was able to see that her attacker had a knife (David). This prior knowledge is what ultimately lead to her surviving the assault. The woman bit the attacker’s penis which caused him to scream and drop his weapon (David). This injury diverted the perpetrator long enough to allow the woman who escape to a nearby home and contact the authorities (David). When the investigation and identification process began, Bryson became a victim of bad timing. Unfortunately for Bryson, on the same night the crime was committed, he went to the hospital to seek treatment for an injury to his penis (David). He called the hospital and asked for a prescription to treat his infected wound (David). The doctor who prescribed the medication overheard the hospital staff discussing how the Oklahoma City Police Department asked them for any information they may have on patients with penis injuries which lead him to come forward and report that he had treated Bryson (David). Two weeks later, Bryson was arrested for the crime (David). Bryson was wrongfully identified in a photo lineup soon after by the victim (David). When the victim identified Bryson as her attacker, the office administering the lineup informed her that he was already in custody and had an injury to his penis (David). The victim later identified Bryson as her attacker while on trial (David). Bryson stood trial in 1983 in front of a jury in Oklahoma City (David).
An analyst for the Oklahoma City Police Department Crime Lab, known as Joyce Gilchrist, testified that hairs found on the victim’s body matched Bryson’s head and pubic hair samples (David). Semen swabs were collected from the victim’s body and on a bathrobe that the victim received soon after the crime occurred (David). Additionally, Gilchrist testified that the blood type in the sperm cells matched Bryson’s blood types (David). The victim reported that her attacker ejaculated which Gilchrist argued meant Bryson could have been the attacker (David). In addition to Gilchrist’s forensic testimony, the victim testified that he was the man who attacked and viciously raped her as well as the other witness who testified that Bryson was the man hitchhiking (David). These testimonies lead to Bryson being falsely sentenced to 85 years in prison …show more content…
(David). Bryson refused to allow this injustice occur. He relentlessly fought for appeals before ultimately being exonerated. Bryson’s first appeal was in 1985 when he argued that he had been convicted based on faulty eyewitness testimonies and prosecutorial misconduct, but his appeal was denied (David). Later in 1988, Gilchrist lied to investigators when she proclaimed that no follow-up tests could be completed because all biological evidence relating to the crime had been misplaced (David). However, in 1997, an appeals court demanded a new search for the biological evidence and the semen samples were located (David). By 1999, DNA testing had been completed and proved that the semen from the crime scene was not Bryson’s (David). With an impending new trial, Bryson was released from prison that year but it wasn’t until 2001 when prosecutors finally said they would not retry Bryson, all charges would be dropped, and that Bryson would be officially exonerated (David). Although Bryson was caucasian, his situation still parallels that of Tom Robinson. Both men were falsely accused of rape and insufficient evidence lead to their convictions. Just as the Ewells took the stand and gave false testimonies, Bryon’s semen samples and fake eyewitnesses convinced the jury that he was a guilty man. The conviction of Tom Robinson is often seen as an act of prejudice, which it was intended to be, but in the real world it may have just been an act of profiling which is an important part of convicting people. People often like to point fingers at the justice system, accusing them of racism and citing the Tom Robinson case as a fine example of racial inequality within the justice system.
But this is a bit of a fallacy, as the profiling process and statistics counter their case. Jurors are put through intense processes to eliminate any chances of one having a racial bias. For example, O.J. Simpson was ruled innocent partially due to the court concluding that the cop was racist. In the case of Tom Robinson, the court seemed to actually be racially bias. But in real life, that would have less likely to happen. Additionally, Tom Robinson fit the profile. Men are actually far more likely to be convicted for rape than a woman. A study conducted by Sonja Starr, an assistant law professor at the University of Michigan, that on average, men receive sentences that are 63% higher than women (McCormack). Starr says that that the difference between genders is far larger than previously thought because other studies haven’t included plea bargains and other pre-sentencing steps and she cites that a 2009 study that showed the difference in sentencing might be due to the fact that “judges treat women more leniently for practical reasons, such as their greater caretaking responsibility (McCormack). In addition to gender, Tom Robinson fit the profile racially. In 2015, the number of black on white killings increased by nearly 25% with 500 white people being murdered by blacks in and only 226
blacks being killed by whites in (Cella). Out of roughly 6,000 homicides committed in 2015, 12% were black on white (Cella). 15.8% of white victims were killed by blacks whereas only 8.6% of blacks were killed by whites (Cella). When African Americans are committing such large amounts of crimes against white people, it wouldn’t be outlandish to assume that Tom Robinson could have possibly raped Mayella. More data has shown that about 93% of violent crime victims are killed by other African Americans and in 2013, African Americans committed 38% of all murders in the United States (Bandler). Between 1982 and 2008, African Americans committed 52% of all homicides while only making up 13% of the entire population (Bandler). Additionally, FBI reports show that from 2011 to 2013, 38.5% of people arrested for murder, manslaughter, rape, robbery, and aggravated assault were African American (Bandler). Surprisingly, according to Jason Riley of The Wall Street Journal, “black crime rates were lower in the 1940s and 1950s, when black poverty was higher” and “racial discrimination was rampant and legal.” (Bandler). With all these statistics proving that often times African Americans fit the profile, it cannot be argued that the judicial system is racially bias. These statistics prove that it is just more statistically probable that Tom Robinson would have committed the crime, along with other people in his shoes. Statistics are key components in order to profile suspects in order to help convict people who are deserving. Of course innocent people, just like Bryson, end up being wrongfully convicted sometimes but that isn’t a race issue, it’s a competence issue. Bryson was a white man who was falsely convicted of the same things Tom Robinson, an African American, was. So this isn’t just happening to the African American community. The real issues lies within the people working in the courts system who are corrupt. The only way to possibly fix the issue is to not turn a blind eye to corruption. There is no reason major evidence for life or death cases should be lost or fake eyewitnesses should be making their way to trials. Innocent men such as Bryson should not be rotting away in our jails due to corrupt people who the authorities let slide. The corruption within the justice system is beyond out of hand. Additionally, the “race card” is continually being used as a scapegoat to explain convictions while ignoring the probability and allowing the truly unfair judicial workers to continue with their ways. Something needs to be done, but the place to start isn’t with supposed racial biases. The justice system is still flawed in different ways just as it was in the 1930s when Tom Robinson took the stand.
“Corruption is like a ball of snow, once it’s set a rolling it must increase (Charles Caleb Colton).” Colton describes that once corruption has begun, it is difficult to stop. Corruption has existed in this country, let alone this very planet, since the beginning of time. With corruption involves: money, power, and favoritism. Many people argue today that racism is still a major problem to overcome in today’s legal system. American author (and local Chicago resident) Steve Bogira jumps into the center of the United States justice system and tells the story of what happens in a typical year for the Cook Country Criminal Courthouse, which has been noted as one of the most hectic and busiest felony courthouses in the entire country. After getting permission from one of the courthouse judges’ (Judge Locallo) he was allowed to venture in and get eyewitness accounts of what the American Legal System is and how it operates. Not only did he get access to the courtroom but: Locallo’s chambers, staff, even his own home. In this book we get to read first hand account of how America handles issues like: how money and power play in the court, the favoritism towards certain ethnic groups, and the façade that has to be put on by both the defendants and Cook County Workers,
There have been different outcomes for different racial and gender groups in sentencing and convicting criminals in the United States criminal justice system. Experts have debated the relative importance of different factors that have led to many of these inequalities. Minority defendants are charged with ...
In 1981 women only made up around 4 percent of inmates in prison. The criminal justice world is very set on race. For example in the book Criminal Justice a brief introduction by Frank Schmalleger, it says that race is so marginalized that even though in the united states population there are only about 13 percent of African Americans, African Americans that are incarcerated account for somewhere around 50 percent. This shows that African American women are more likely to encounter incarceration has opposed to white women. This is also why women’s prisons are study less than men’s prisons. Because there are less violent crimes committed in a women’s prison and there are significantly less women inmates than men. .However, this could soon change in the years coming if the crime rate in women keeps rising like it
“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).
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
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
A study of race and jury trials in Florida published last year in the Quarterly Journal of Economics, found that “conviction rates for black and white defendants are similar when there is at least some representation of blacks in the jury pool.” But all-white juries are a very different story—they convict blacks 16% more often than they convict whites (2).
Racial Disparities in the Criminal Justice System “We simply cannot say we live in a country that offers equal justice to all Americans when racial disparities plague the system by which our society imposes the ultimate punishment,” stated Senator Russ Feingold. 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 Institutional racism is racism that is shown through government organizations and political institutions. In a report done by David Baldus in 1998, he discovered that when it comes to the death penalty, blacks are more likely sentenced to death than whites, and those who kill whites are more likely to be given the death penalty than the killing of blacks (Touré).
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
The criminal justice system is defined as the system of law that is used for apprehending, prosecuting, defending, and even sentencing people who are guilty of criminal offenses. In many cases, race, class, gender, and even sexuality can impact due process and fairness within the criminal justice system. Sometimes if people don’t think they have a choice to receive justice, they may want to take law into their own hands. Whereas Others will try to get a lawyer so they can take it to court and follow the judicial systems laws to try convict the criminal. In certain situations as a defendant, your race, class, and gender can make a negative impact on the criminal justice response to the crimes. In the movies “Thelma and Louise,” “The Accused,”
It is normal to believe that the United States has, first and foremost, the idea of the essential dignity of individual human beings, the equality of all men, and certain inalienable rights to freedom. What keeps a majority of people skeptical is the oppression and biased conclusions that have been observed in the criminal justice system the last few years. The Sentencing Project, a non-profit organization that is criminal justice oriented, published a report named “Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers” which contains enough statistics to consider the decisions taken by the criminal justice system as suspicious or questionable. “Minorities charged with felonies were more likely to be detained than whites,” the report stated, creating an evident discrepancy between the unbalanced equations of equal justice (para #5). To support this idea, the report mentions, “A black male born in 2001 has a 32% chance of spending time in prison at some point in his life, a Hispanic male has a 17% chance, and a white male has a 6% chance.” The entanglement between the judicial decision and the ethnicity or skin color is becoming not an assumption but a reality. Last but not least, it states that DNA testing indicates that a 63% of African American people are exonerated, meaning that
Judge W. James O’Neill is a primary example of a just man in the 21st century. Though he was not the perfect man, O’Neill spent his days trying to make the world a better place for individuals from all walks of life, “He had friends...of all shapes and sizes… rich, poor, black, white, democrat, republican, lawyer, defendant, you name it” (Michael O’Neill). He continuously acted out of the goodness of his heart without seeking personal glory. Because of his just actions during life, his legacy of justice and kindness will continue to live on long after his
Before the jury stands the defendant. There is overwhelming evidence in the favor of the prosecution. The verdict comes back from the jury, not guilty. Why? The defendant is a woman. In our era of equal rights and civil liberties women have made great strides in their advancement and role in society, yet it seems that gender segregates when it comes to crime. There have been countless cases where women and men have been tried for the same crime, yet when it comes to verdict and sentencing, the results don’t necessarily match. If one commits a crime one should be punished accordingly regardless of gender. In our society we seem to have two separate rules for our criminals, one for men and one for women. The key issue is are men and women treated equally by the criminal justice system. Another issue in gender biased sentencing is in its is its severity. Are women sentenced heavier for certain crimes then men.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
...Available By: Acker, James. Contemporary Justice Review, Sep2008, Vol. 11 Issue 3, p287-289, 3p; DOI: 10.1080/10282580802295625