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Racial disparity in criminal justice
Stand your ground laws essay
Racial disparity in criminal justice
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In recent years American citizens have increasingly felt the need to protect themselves. This has led to laws being established in many states widely known as stand your ground laws. These laws allow citizens to take action if they feel their life is threatened or they are in potential harm, instead of retreating. Without doubt this has led to much controversy with individuals taking strong stances on both sides of the issue. Some feel it’s a necessity, while others take the opinion that it is unethical and needs to be repealed across all states. With many high profile cases such as the Treyvon Martin case, these laws have come under a lot of fire and scrutiny. Cynthia Tucker who is an African American visiting professor at the University of Georgia, experienced journalist and 2007 Pulitzer prize winner, has established her side of the issue in her article ‘Stand your Ground’ Laws Encourage Vigilantes. In her article Cynthia Tucker strongly takes the stance that Stand your ground laws should be repealed and lead gun totting vigilantes to spread bigotry and racial hate. The author of this article ineffectively demonstrates how ‘stand your ground’ laws have encouraged vigilantism due to her lack of evidence, biased opinions on the matter, and her poor claims related to the topic.
The article ‘Stand your Ground’ Laws Encourage Vigilantes is a short opinionated piece written by Cynthia Tucker. It covers the topic of self-defense laws more commonly known as stand your ground laws and how she feels they help spread racism towards black citizens, and why they should be repealed. To get her point across to the reader she uses examples of a few high profile cases that demonstrates her opinion. The article also states information about the ...
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...ur Ground defense were not convicted compared to 62 percent of whites.” This provides evidence that black citizens are more likely to benefit from the Stand your ground laws.
Although race may be a tragic decision in some people’s decision to kill somebody, Cynthia does no justice on providing that evidence or swaying individuals to her cause. Whether it be the poor lack of evidence thrust upon the reader, her clearly biased opinions, or simply her poor claims with the Zimmerman and Dunn cases it felt as so much went unjustified. Such a noble cause to stand for with the right technique and the right mindset. However, to try to scare citizens into being afraid to protect themselves out of fear of prosecution or persecuted as a racist is not the way to do that. It is in this sense that Cynthia’s argument falls short in convincing the reader to see her point of view.
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head. In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to Police Department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Revie...
The case involved a neighborhood watchman, who happened to be on duty when he saw a young black man wearing a sweater jacket called a “hoodie”, walking through the neighborhood. George Zimmerman, the watchman, who was twenty-eight years old at the time, called authorities about a suspicious character walking around in his neighborhood. The authorities told him not to do anything; just continue with his rounds and not worry. Zimmerman, however, decided he would take matters into his own hands. He confronted the young man; they got into a brawl and Zimmerman pulled out a gun and shot and killed Martin. That premise will play a role in this paper as an argument as to why George Zimmerman should have been convicted of committing a crime. Even if the jury could not have reasons to convict him of the second degree murder of Trayvon Martin; they had other choices.
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).
The 14th Amendment of the Constitution states that the State shall not deprive any person equal protection of the laws. When equal protection is guaranteed, the outcome must be fair; in other words, substantive justice must be present. Based on this interpretation, McCleskey v. Kemp should be overturned because McCleskey’s death was a racially biased and unfair outcome that was not constitutionally protected by the Equal Protection Clause of the 14th Amendment. Justice Blackmun wrote in his dissenting opinion that in order for McCleskey to prove his innocence and the presence of a racially discriminatory criminal sentencing procedure, he had to meet a three-factor standard. First, he had to prove he was a member of a group that has historically suffered differential treatment. Second, McCleskey had to establish the extent of this treatment. Last, he had to prove that the process by which the death penalty was chosen was open to racial bias. McCleskey met all three prongs of this standard, and even though the Court’s decision denied his claim that he was not guaranteed equal protection, there is enough evidence to prove the selection process was not racially neutral and that a violation of the 14th Amendment was present. Furthermore, Justice Kennedy’s idea of “evolving standards of decency” in Roper v. Simmons (2005) demonstrates that the growing national consensus is against the death penalty and therefore in favor of equal protection for all persons.
African American’s still are thought to be discriminated against by law enforcement, according to recent scenarios which have occurred. For example, Eric Garner was seen to have been physically abused by police and many of the public believe this is because he was African American. Though racism is less common today, it is still relevant and apparent in society. Violence is still used by both individuals and law enforcement, as well as as a form of protest in some circumstances. Though there is still some violent-protests present today, for humanitarian reasons this form of protesting has become less common throughout all of the ethnic
Jacobs, David, Jason T. Carmichael, and Stephanie Kent. 2005. “Vigilantism, Current Racial Threat and Death Sentences.” American Sociological Review 70: 656-677.
Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.
The “Stand Your Ground” law was first adopted in the state of florida in 2005. This law did not gain national attention until the shooting death of unarmed teenager, Trayvon Martin, in Sanford, florida, where the shooter, George Zimmerman used the “Stand Your Ground” law as his basis for defending himself against Trayvon Martin to the Sanford Police Department. However, George Zimmerman’s legal defense team did not utilize the law to argue his innocence during his trial. But the damage had been done because soon after other cases in florida began to sprout up with “Stand Your Ground” as the driving force.
“… you know that if white men had been fighting their way against colored men, nobody would have dreamed of prosecution. And that from the beginning of this case to the end… the prosecution is based on race prejudice and nothing else.”
Many people claim that racism no longer exists; however, the minorities’ struggle with injustice is ubiquitous. Since there is a mass incarceration of African Americans, it is believed that African Americans are the cause of the severe increase of crimes. This belief has been sent out implicitly by the ruling class through the media. The media send out coded messages that are framed in abstract neutral language that play on white resentment that targets minorities. Disproportionate arrest is the result of racial disparities in the criminal justice system rather than disproportion in offenders. The disparities in the sentencing procedure are ascribed to racial discrimination. Because police officers are also biased, people of color are more likely to be investigated than whites. Police officers practice racial profiling to arrest African Americans under situations when they would not arrest white suspects, and they are more likely to stop African Americans and see them as suspicious (Alexander 150-176). In the “Anything Can Happen With Police Around”: Urban Youth Evaluate Strategies of Surveillance in Public Places,” Michelle Fine and her comrades were inspired to conduct a survey over one of the major social issues - how authority figures use a person’s racial identity as a key factor in determining how to enforce laws and how the surveillance is problematic in public space. Fine believes it is critical to draw attention to the reality in why African Americans are being arrested at a much higher rate. This article reflects the ongoing racial issue by focusing on the injustice in treatment by police officers and the youth of color who are victims. This article is successful in being persuasive about the ongoing racial iss...
Police brutality has wormed its way into almost every major American city, becoming intrinsic in pockets of the police force. Simply turn on the television and see a seemingly endless list of victims’ names: Amadou Diallo, Robert Davis, Timothy Thomas, Javier Ovando, Michael Brown—and even more unnamed. Although proponents of the police force are correct to argue the right of self-defense, they exaggerate the bounds of such rights in the face of unarmed victims and excessive profiling. What is most startling though, is the ever-rising increases in police brutality over time as depicted in John Steinbeck’s novel The Grapes of Wrath where the Joad family faces persecution. Americans must band together to change the status quo as depicted in Steinbeck’s novel in order to prevent further brutality in the future and restore balance to Lady Justice’s unequal scales.
Souper, M. “Cases – Murder – Actus Reus.” Sixthformlaw.info. Sixth From Law, 2008. Web 28 Sept. 2013.
Kautzer, Chad. "Good Guys with Guns: From Popular Sovereignty to Self-Defensive Subjectivity." Law and Critique July 2015: 173+. Academic OneFile. Web. 6 July 2015. This article discuss the legality of Americans to bear arms ,and the subjectivity of self-defense
One of the most recent, debatable topics in the United States today has become the Stand Your Ground Law. Although it is sometimes misunderstood, the basic definition of the law allows for the use of deadly force when being attacked without first having to retreat. When it comes to public opinion, middle ground does not exist between the advocates for the law, or the critics against it. The drastically different opinions of staunch critics and fervent advocates of the Stand Your Ground Law have made this a very controversial and divisive topic.
One of the main subjects in the current national news is, of course, police involved shootings: in the aftermath of the deaths regarding Philandro Castile, Alton Sterling and others. A less discussed subject would be violence against law enforcement within the nation. This can be discussed within the context of violence as a backlash against the so-called police brutality and a display of itself. In the last few years the “War on Police” has escalated because of the one sided reporting fueled by most media outlets and is not only affecting the attackers but the officers and their families.