This influx has lead to greater numbers of whites on local juries, which has caused a trend in jury decisions that sentence African Americans and other minority groups at rates higher than what was occurring previously. While there is a problem with white juries convicting blacks at higher rates than other whites throughout the country, in Brooklyn this was traditionally not the case until the recent degree of gentrification that began to happen in the borough. This illustrates how gentrification has not only an economic impact on local ethnic groups, but also an impact on what they can expect from the justice system (Saul).
Compelling evidence shows (The Youth justice Board report, 2004): a disproportionate higher percentage of duel heritage (mixed race) young males were significantly prosecuted 2.7% than young white males, clearly illustrating racial bias. On a hold, not surprising the (BME) young males were prosecuted significantly more than other white young male delinquents were. Overwhelming evidence was also prevailed showing duel heritage young females were shockingly, six times more likely to be prosecuted than their white counter parts. Additionally, a considerably higher proportion of cases involving black and duel -parentage than white males had been remanded in secure conditions and sentenced in the Crown Court, where the
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 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
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.
Racial disparity in the sentencing process of the criminal justice system also exists because of racial jurors. To eliminate the suspensions of racial disparity of racial jurors the jury will select at least one African-American to serve for the jury. A percentage of African-Americans oppose capital punishment (Tabak, 1999, p. 6). Prosecutors commonly discriminate against African-Americans during challenges of discretions and blatantly abuse the powers of prosecutors. Juries predominantly use more Whites in every trial is inappropriate on the levels of the criminal justice system. Americans have rights to a trial by jury of peers and has the right not to exclude minorities in the selection of a jury. Excluding minorities in a jury of an individual’s peers is a violation of an objective and fair trial for a defendant.
Sentencing disparities as a result of an individual’s race or ethnic background, has been one of the most frequently investigated topics in criminological research. (Mitchell, Mackenzie 2004). Several studies have attempted to understand the impact of the offenders’ race on criminal sentencing but there has been variation in the results- some of studies concluded race does effect sentencing regardless of the legal variables; some studies revealed it does not; while other studies concluded that race does impact sentencing when coupled with other factors. (Pratt 1998).
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.
When thinking of a jury, there is a belief that everyone is fair when it comes to making the decision of whether the person being accused of the crime is guilty or not guilty because of the person’s race. What if this belief is not necessarily correct? There have been many instances in whether race has been a factor when the jury makes a decision. According to Baskin, Goldstein, and Sommers (2014), there has been enough evidence to show that racial biases influences the decisions of a jury. In this paper, the articles will show how jury decision-making is influenced by the offender’s race.
Since Walter McMillan’s exoneration, decades of efforts towards equality and affirmative action have systematically set up a society geared to help people from disenfranchised groups. True equality in the eyes of the law can be more important than in the court of law, and this fact begs the question, should race and class of an accused criminal be considered in a court
Race is one of the most controversial topics when speaking of bias, and still to this day race is occasionally believed to sway the judicial system’s decisions. A recent statistic proved that less than 5 years ago in North Carolina more than 52% of potential black jurors were cut, or peremptory challenged, meaning they removed from a case without reason (S.M.). Not only do jurors experience discrimination but suspects on trial have also suffered for decades. Evidence shows judges sentence black convicts to 20%
There are many ethnic differences in each stage of the justice system. In order to be able to prove these it is important to break the system down, and evaluate it bit by bit, showing the possible signs of ethnic differences.
The review of recent studies that follows examines the effect of race on sentencing, through racial profiling. The sections addressing racial profiling are in (Ontario Human Rights Commission 2005) cases are seen in these arguments to either justify
The social composition of the judiciary does matter, the importance played on ensuring a diverse judiciary. Ensuring that a judiciary is diverse by way of equality act 2010 – Protects people from discrimination in the workplace and wider society. And Human Rights Act
This essay aims at assessing existing literature on the ethnic and gender composition in the English and Wales’ judiciary. The essay will also illustrate the previous efforts of the government in achieving diversity in the judiciary.