Analysis Of Farewell, Fair Cruelty

Mandatory minimum laws, which set different minimum sentences for crack and powder cocaine possession, are policies that are inflexible, “one-size-fits-all” sentencing laws that undermine the constitutional principle that the punishment should fit the crime and undermine the judicial power to punish an individual in context of the specific circumstances. Similarly, 3-strikes laws also ignores judicial discretion. Truth-in-sentencing policies refer to policies created to have a convict serve the full sentence, regardless of good behavior or other deterrent. These policies are created to only incapacitate people—more specifically minorities—not to rehabilitate them. More people in jail and longer sentences are not helping ensure public safety.

The United States features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

The diversity issue focused on in this paper will be racial disparity in sentencing. This paper will also focus on some of the reasons why racial disparity exists within sentencing. One of the research methods used in this paper will be case studies. In society today there are a diversity of citizens, of offenders, and leaders within in the court system. However, race still plays a big role in the Criminal Justice system especially during the sentencing portion. Although racial dynamics may have changed over time, race still exerts an undeniable presence in sentencing process. This ranges from disparate traffic stops due to racial profiling to imposition of the death penalty based on the race of

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

States have choices in the means by which to promote community well-being, protect public safety and curb the drug trade. Over the last two decades, the choice was imprisonment. Prison is, of course, a legitimate criminal sanction, but it should be used as a last resort – i.e. used only for serious crimes -- and the length of the sentence should be commensurate with the conduct and culpability of the offender. Unfortunately, too many states have opted instead for sentencing policies that mandate long sentences even for nonviolent, low-level drug offenders. In her article, Patrice Gaines, the author of Laughing in the Dark: from Colored girl to woman of a color-A journey from prison to power, argues that it is necessary to provide restorative

“The United States has 5 percent of the world’s population, but 25 percent of its prisoners. The cost of housing all those inmates: $80 billion a year” (Whitaker, 2016). The United States (U.S.) has been fighting an unwinnable war for the past thirty years. The U.S. government and the War on Drugs has disproportionately impacted African Americans and the prison population has quadrupled over the last thirty years. The U.S Government polices of the war on drugs have contributed to the mass incarceration of African American males due to sentencing and race disparities, over-policing, and anti-drug policies.

For my final project I chose to focus on Race and sentencing. The United States is about 5% of the world’s population but when it comes to world prisoners the Unites States is about 25%. In the United States African Americans are incarcerated 5 times more than whites in state prisons throughout the country and also 10 times more than whites in 5 states. In this paper I am going to research and study specific articles and studies that document the rate of incarceration for African Americans and Whites. This is not only a problem state by state sentencing but it is also problem for federal sentencing as well. Not only am I going to look at race and sentencing but I am going to also

African Americans constitute 12% of the U.S. population, 13% of the drug using population and fully 74% of the people sent to prison for drug possession. Studies have shown that minorities are subject to disparate treatment at arrest, bail, charging, plea bargaining, trial, sentencing, and every other stage of the criminal process. These disparities accumulate so that African Americans are represented in prison at seven times their rate in the general population; rates of crime in African American communities is often high, but not high enough to justify the disparity. The resentment destabilizes communities and demeans the entire nation. (Justice, 2004)

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

"Black men are seven times likely to go to prison than are white men; black women are eight times likely to go than are white women. The lifetime likelihood of incarceration for aggregate numbers requires some getting used to. If today's imprisonment stays stable, nearly one-third of black males

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).

The Mass Incarceration in the United States is a major topic of discussion in our society and has raised many questions about our criminal justice system. There are few topics disputed as much in criminal justice as the relationship between race, ethnicity, and criminal outcomes. Specifically, the large disparities that minorities face regarding incarceration in our country. Minorities such as Hispanics and African Americans are sentenced at far higher rates than their white counterparts. There are multiple factors that influence this such as the judicial system, racial profiling by law enforcement, and historical biases (Kamula, Clark-Coulson, Kamula, 2010). Additionally, the defendants race was found to be highly associated with either a jail or prison sentence; with the “odds increasing 29 percent for black defendants, and 44 percent for Hispanic defendants” (King, Johnson, McGeever, 2010).

In The New Jim Crow: Mass Incarceration in the Modern Age of Colorblindness by Michelle Alexander, the author argues the legal system doing its job “perfectly” well—the United States has simply replaced one caste system, the Jim Crow laws instituted in the 1880s and designed to oppress recently freed black slaves, for another—a system which uses the War on Drugs, which was instituted in the 1970s, to imprison, parole, and detain people of color, keeping the majority of minorities in the United States in a permanent state of incarceration. This an important issue because it affects the everyday lives of people around the nation. Alexander looks in detail at what economists normally miss—the entire legal structure of the courts, parole, probation and laws that effectively turn a person who may have done the crime into a person who is unworthy or “incapable” of rehabilitation. Alexander does a wonderful job of telling the truth, and blaming the right people, who can be liberal or conservative, white or black, who inflict this injustice on others. Alexander’s writing, however, does lack a structure that the reader can follow, which ultimately weakens her overall case.

Consider the following statistics in reference to the disparities among the different groups of defendants when it comes to minimum sentencing in the United States. According to the 2010 Commission’s Sourcebook of Federal Sentencing Statistics: over three-quarters (77.4%) of convictions of an offense carrying a mandatory minimum penalty were for drug trafficking offenses; Hispanic offenders accounted for the largest group (38%) of offenders convicted of an offense carrying a mandatory minimum penalty, followed by Black/African American offenders at 31.5%, White/Caucasian offenders at 27.4%, and other race offenders at 2.7%. More than 90% (90.3%) of offenders convicted of an offense carrying a mandatory minimum penalty were men; and Black/African American offenders received relief from a mandatory minimum penalty least often (34.9%), compared to White/Caucasian offenders (46.5%), Hispanic/Latino offenders (55.7%), and other race offenders(58.9%).

Minorities are being sentence to jail for harsher punishment more than whites in the United States. In this disparity of the justice system, young white males between the ages of 18-29 were 38% less likely to be sentences to prison than black men of the same age group (Kansal, 2005). According to Kansal (2005) “ Young uneducated or unemployed African American and Hispanic males are more likely to serve longer sentences and, have a