Annotated Bibliography: Recasting Prosecutorial Discretion

assistance of council, and procedural bars, venue, and jury selection, as well as potential racism by jurors. According to ( Tabak, 1999) “these reasons apply in cases in which the death penalty may be sought.” When illustrating the use of prosecutorial discretion two crime types that can be

The Black youth is over represented at every stage in the United States juvenile justice system. Ten years ago, Black youth were more than two times more likely to have a delinquency case before the juvenile court than white youth. Dr. Shook and Dr. Goodkind examined three possible avenues to prove if black youth, are more likely to be detained than similarly situated white youth. “Three possible avenues have begun to be examined—the first is related to youths’ attitude and character as assessed by justice system personnel, the second is related to judgments about adequate parental supervision and/or school and work involvement, and the third is related to what some have called ‘‘justice by geography.’’ To conclude Dr. Shook’s and Goodkind findings, Black youth are treated

Evidence-based studies imply that youth of color are being placed in detention at a higher rate all throughout juvenile justice system not only in Kentucky but, nationwide. Disproportionate minority contact (DMC) in juvenile justice alludes to youth of color being place into the system at a greater rate than their Caucasian counterparts. All races break the law at about the same rate; however, youth of color are arrested, charged and institutionalized at a higher percentage than Caucasians for similar offenses. African-Americans made up 16 percent of all youth in the United States, but constituted 28 percent of youth arrests, 30 percent of referrals to juvenile court, 37 percent of detained youth, 34 percent of youth formally processed by juvenile court, 30 percent of youth adjudicated delinquent, 35 percent of youth judicially waived to criminal court, 38 percent of youth in residential placement, and 58 percent of youth sent to state adult prisons. (Grieshop et al 2009)

The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many

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.

In the book Just Mercy: A story of Justice and Redemption by Bryan Stevenson, there are several topics discussed regarding the American Justice system. One of those many topics discussed is regarding how a person’s race, social status and income, may influence the outcome of a court trail. In present day America, many years after the era of Jim crow and segregation the Justice system still seems to be more lenient towards white Americans, especially those with high income and a good standing in society. The American justice system has become unjust in the trials deemed to be fair, due to an evident prejudice against minorities, their social status and whether or not they receive a well off or poor income.

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).

In the criminal justice system, discretion is often performed by the police, prosecutors, judges and juries, correctional officials and

Minority youth are disproportionately represented throughout juvenile justice systems in nearly every state in the nation. Disproportionate minority contact (DMC) in juvenile justice occurs when minority youth come into contact with the system at a higher rate than their white counterparts. African-Americans, Hispanics, Asians, Pacific Islanders and Native Americans comprise a combined one-third of the nation's youth population. Yet they account for over two-thirds of the youth in secure juvenile facilities (Armour & Hammond, 2009).

Research shows that African Americans and Latinos have been the victims of racial profiling by the criminal justice system. African Americans and Latinos are at a higher risk of being arrested, prosecuted and sentenced that Whites. The main cause of racial disparities occurs because law enforcement agencies believe that African Americans and Latinos are at high risk of engaging in crime and violence. During prosecutions and court hearings, the jury and judges give harsher sentences to minority groups. As a result, minorities view the criminal justice system as unjust since it favors whites. This research paper reviews relevant literature to show white privileges and racial disparities in the criminal justice system. Additionally, the paper provides linkages between racial disparities in the United States criminal justice system and the law. In this regard, the main objective of the research paper is to give detailed insights on racial discriminations in the criminal justice system.

This paper is being submitted August 11, 2013 for Professor Sheryl Prichard’s Criminal Law and Procedure course at Devry University by Jonah Colombo.

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).

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

Klein, M. (2012). Special Council on Criminal Justice turns its Attention to the Kids. Retrieved from http://www.mikekleinonline.com