Analysis Of Ted Cohen 's Argument On Racial Integration

The color-blind theory refers to racial neutrality. According to this view, the color of one’s skin does not

Equality concerns are fundamental to our lives as human beings. Each human being has a natural engagement with what equality requires and a capacity to make arguments about seeming inequality of treatment. In the context of Sumner’s case, the principle of equality before the law- as opposed to what the principle requires- is beyond question. The principle of equality, and specifically equality before the law, provides an obvious element from which to reflect the treatment of people who come before the law. The law is not to make any distinction between rich or poor, race or religion, male or female. In the eyes of the law, all are equal. When placed on the court floor citizens should be looked at exactly the same; equivalent before the law and as humans entitled without any discrimination to equal protection of the law. However, since law creates classes with special rights and

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.

The existence of racial disparity and structural inequality within the criminal justice system renders the concept of true justice for all unobtainable. The statistics of convictions and prison sentences by race definitely support the concept that discrimination is a problem in the justice system as well as the insignificantly number of minority judges and lawyers. There are a multitude of circumstances that influence these statistics according to the “Central Eight” criminogenic risk factors. The need for programs and methods to effectively deter those at risk individuals has never been greater and the lack of such programs is costing society in countless ways.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

Race has been an issue in North America for many years. Eduardo Bonilla-Silva discusses the new racism in his book, Racism without Racists. Bonilla-Silva classifies the new racial discrimination as color blind racism. Color blind racism is then structured under four frames (26). Color blind racism is believed to have lead to the segregation of the white race from other minorities called white habitus. Color blind racism and white habitus has affected many people, whom don’t even realize that they are, have been or will be affected.

By eliminating race from the equation of reaching a conviction there is one less variable by which to stereotype an offender. Although this is not a fix all solution to judicial fairness it is an attempt at equal punishment for similar offenses. In an article “Playing the race card: Making salient in defense opening and closing statements,” outcomes for offenders of both black and white races were alike when no reference to race was mentioned throughout the deposition (Bucolo & Cohn, 2010, p. 300). Thus, learned tendencies affect perceptions of particular groups and ideas throughout our lives regardless if we make a conscious effort to disregard them.

Similarly, there is need to examine whether race plays a role in determining if one is convicted or released. This is because an all-white bench convicted Hunt, who is of African American descent, of a crime he did not commit. Whether racial prejudice plays any role in our criminal and justice system needs critical examine since the law should be fair and equal before all. A non-discriminative judicial system will enhance public trust and eliminate cases of wrongful conviction.

The “American Violet” sparks up a lot of issues that we see today in our society. These issues are very important as they deal with equality among our citizens but they may often be overlooked. The issue I am going to discuss in this critical analysis is Racial Prejudice in the Criminal Justice System. Racial prejudice happens every day and may never completely end, but one would think that it would not take place in a professional, uniform place such as the Criminal Justice System. After watching this movie, I have been taken back by the actions of the people in charge of this system. The 14th Amendment states that “ no state shall make or enforce any

Racism has a huge impact on society to this day. The greatest wrong doing in the U.S criminal justice system is that it is a race based organization where African Americans are specifically focused on and rebuffed in a considerably more forceful route than white individuals. Saying the Us criminal justice system is racist might be politically disputable in different ways. In any case, the actualities are debatable. Underneath I explain many cases of these issues. Information on race is available for each step of the criminal justice system – from the use of drugs, police stops, arrests, getting off on bail, legal representation, jury selection, trial, sentencing, prison, parole, and freedom.

To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,

Almost every member of the black community in Maycomb County is admirable in their personalities and innocent in their nature, and this generalisation makes the crimes against the black community all the worse. Tom Robinson, a man discriminated and accused of a crime that he didn’t commit has come forth to the justice system. The color of his skin determines everything from his background too if he’s guilty or not. A black man’s life is unable to prove innocence because of his race. Poverty has affected many people back in the 1960’s but, if a black man or women were to experience this they would be put on the white

The author of this article is Cornelia Grumman won the Pulitzer Prize in 2003 and found the organization the First Five Years Fund where she advocated for stronger federal policies. The audience she could be targeting would be the government to create stricter guidelines when imposing capital punishment. The purpose of this article is to give awareness of how race can create bias factors in the justice system. It has been commonly seen

Moral issues within law enforcement, the courts and the corrections system have made it complex and difficult to navigate fairly throughout the criminal justice system. Enforcement strategies, court practices and the incarceration rates have created discrimination towards minority groups. Carelessness and unintentional actions are moral issues. The criminal justice system has failed to account for operational procedure which creates the perception of discrimination.

“Racial minorities, particularly Black Americans, have had a long and troubling history of disparate treatment by U.S criminal justice authorities.” (Birzer, 23) I am not here to give you another lesson on slavery, Jim Crow laws, the Civil Rights Movement of the 1960’s or any other struggle we faced in our history, but I do want you to keep it in mind as you read about the current struggle we still face in 2017. You would think that America would give us a break since we’ve been fighting for equality for centuries, but they are not simply because of the color of our skin. When I say “they” I mean White America. Now, don’t get me