African American Justice System

figure in their lives. Nationally, African Americans are jailed at almost four times the rate

The past quarter century has seen an enormous growth in the American incarceration rate. Importantly, some scholars have suggested that the rate of prison growth has little to do with the theme of crime itself, but it is the end result of particular U.S. policy choices. Clear (2007) posits that "these policy choices have had well-defined implications for the way prison populations have come to replicate a concentrated occurrence among specified subgroups in the United States population in particular young black men from deprived communities" (p. 49).

Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are

The incarceration rate for African Americans is higher than that of Caucasians and has been that way for years. The Blumstein study conducted in 1982, found a disproportion between black and white incarceration rates of seven-to-one (Hawkins & Hardy, 1989). The inequality of incarceration rates within criminal justice lingered. Authors of State and County Incarceration Rates: The Direct and Indirect Effects of Race and Inequality, Thomas Arvanites and Martin Asher, stated that the white majority feels threatened by nonwhite minorities because they believe they are more involved in crime. Blacks were seven times more likely to be incarcerated than whites in 1993. Due to these facts, “cultural conflict theorists argue that law enforcement

In order to understand the nature of the statistical disparity, the first aspect that must be examined is necessarily the statistics themselves. Recent data (1998) shows that more than two out of every three arrested persons are white (67.6%) and that African Americans account for only 30% of all arrests. More striking is the data adjusted per capita: African Americans are two and a half times as likely to be arrested as whites, and are even more over-represented in violent crimes, for which they are over three times as likely to be arrested. African Americans are five times as likely to be arrested in cases of robbery or murder (Walker et al., 39).

African Americans now constitute nearly 1 million of the total 2.3 million incarcerated; that is 60% of 30% of the African American population. African Americas are incarcerated at nearly six times the rate of whites. “Between 6.6% and 7.5% of all black males ages 25 to 39 were imprisoned in 2011, which were the highest imprisonment rates among the measured sex, race, Hispanic origin, and age groups." (Carson, E. Ann, and Sabol, William J. 2011.) Stated on Americanprogram.org “ The Sentencing Project reports that African Americans are 21 percent more likely to receive mandatory-minimum sentences than white defendants and are 20 percent more likely to be sentenced to prison.” Hispanics and African Americans make up 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population. (Henderson 2000). Slightly 15% of the inmate population is made up of 283,000 Hispanic prisoners.

At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).

A significant difference in the means for sentence length exists between men and women for the offenses rape, child sexual assault, and forcible sodomy. In each of these offense categories, men are, on average, sentenced to longer, or harsher, prison terms. It is interesting to note here, too, that the offense that had the most even ratio of men to women and the largest number of offenders, sexual assault, showed no significant differences in sentence length between men and women…Rape, as it typically manifests itself in a violent manner, would demonstrate the most egregious break in gender roles. However, the data suggest men receive harsher penalties, evidenced by a higher mean sentence length. In addition,

There are many ways the criminal justice system plays a huge role in the discrimination against all people of color. Mostly, there are a wide range of studies within the African American communities that expresses concern, prejudice, and even racial profiling in the criminal justice system pertaining to blacks. Judges, jurors, police officers, and even marriages are key roles of the societal disadvantages African Americans have. African Americans are even being arrested more than any other race in America. With societal disadvantages, how can African Americans be striving citizens in America?

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

For many decades the criminal justice system has endured many issues and problems that are currently questioning exactly how fair United States

Male offenders are more than likely to be found guilty and receive harsher sentences, fines or probation than female offenders for the same crimes.

likely to pursue charges that carry mandatory minimum sentences as when the defendant is white. African Americans serve nearly as much time in prison for nonviolent drug offenses (58.7 months) as whites do for violent offenses (61.7 months)” (Neguse 2015). Meaning that the social justice problem in mandatory minimums is in racial discrimination and the overall cost to execute mandatory minimums.

The main challenges faced by American society to achieving justice is getting rid of discrimination and making the laws universal across the board on the state level. A democracy is a great form of government to have for the most part. But when you have injustice when it comes to sentencing that is one of the biggest issues we face here in the U.S. This is something that sticks out like a sore thumb! Because America was built on the foundation of “Justice for All” and we have failed terribly at this again and again. Some would even say this is an impossible goal. With so many levels of government in the American system, with different persons interpreting the law before them. Lacking equality and liberty fairly to all Americans is truly an

The problem is most individuals come with a bias, and will make decisions from their own personal perspectives. And, unfortunately we have a criminal justice system that is flawed, and decisions are made on moral judgment instead of principle fairness. In society, it is expected that everyone is to follow the rules, and, when they are broken, we expect the law to take care of us in the sense that they will bring justice. But when the justice system is broken and tainted, how can the system be trusted. The American criminal justice system should be based on the principle of fairness and be blind to factors such as race, gender, and social class. For example, in the Midwest, there prison population has one of the most disproportionate minority incarceration rates in the entire nation. African-Americans are disproportionately arrested, and currently two-thirds of black people in prison are serving life sentences.