Bias Of The Judicial System

Michelle Alexander’s book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, examines mass incarceration in the United States, why the criminal justice system works the way it does towards minorities, the detriments associated with mass incarceration as it relates to offenders, and much more. In the introduction of her book, Alexander immediately paints the harsh reality of mass incarceration with the story of Jarvious Cotton who is denied the right to vote among other rights because he, “has been labeled as a felon and is currently on parole” (1). Other information Alexander presents in her introduction are her qualifications as an author of the book, and gives a brief summary of each chapter and how each one is laid out. Her qualifications are she is African-American civil rights attorney with the American Civil Liberties Union (ACLU) and is also an Associate Professor at the University of Stanford Law School. From a critical standpoint, Alexander seems very qualified to write on the topic, being part of the marginalized group and also being an expert in the legal field of which the topic covers, enhances her ethos to where one could consider her an expert in mass incarceration topics, as they relate to African-Americans. Overall, the introduction of her book does a great job starting out giving a stark reality of topic at hand, giving brief statistical references about mass incarceration in the United States, and giving an outline for her book.

America is a nation “from many, one” as stated in our country’s original motto. We pride ourselves on the granted equal opportunity and freedom afforded to each citizen. But are these premises held true and adequately carried out? My answer is a resounding no! Our country’s intricate history provides us with the foundation that explains why and how discrimination has infiltrated and given the upper hand to the white race that has dominated the American society, while suppressing races of color. Dating back to the discovery of the new world we know as the contemporary United States, the African American race has been segregated and mistreated as exemplified through

Following the American Civil War, the bloodiest armed conflict on US soil, slavery had been outlawed from the US. It had taken the US until January 31, 1865, less than two-hundred years ago, for slavery to be abolished. Yet, it was still abolished, albeit, later than many other nations throughout the world. It had taken yet over another year for the fourteenth amendment to be passed in June 13, 1866, making all former slaves into citizens. But, perhaps the greatest and most important right of all, the right essential to any democracy or republic, the right to vote, was given to former slaves through the fifteenth amendment.

Michelle Alexander’s the new Jim Crow Mass Incarceration in the Age of Colorblindness examine the Jim Crow practices post slavery and the mass incarceration of African-American. The creation of Jim Crows laws were used as a tool to promote segregation among the minority and white American. Michelle Alexander’s the new Jim Crow Mass takes a look at Jim Crow laws and policies were put into place to block the social progression African-American from the post-slavery to the civil rights movement. Fast-forward to 2008 the election of Barack Obama certified that African-Americans were no longer viewed as second-class citizens instead African-Americans are equal to their white counterparts. However, Michelle Alexander

When looking at illegal actions and activities, also known as crimes, people of all color commit them. Whether people commit lesser or more excessive crimes, the action will be committed by a multitude of races. People of all colors are able to achieve the standards that have been set by society. When looking at the statistics, the evidence shows that people of color, especially African Americans tend to get harder and more solemn charges for the crimes that they have committed. What people might not notice is that there is a racial bias in the judicial system. That bias is changing the outcome of indictments. With all of the change going on in the United States of America, one untouched subject is the racial bias in the judicial system. If a change does not occur now, then when will there ever be a change? There is a racial bias in the judicial system, and a change needs to occur now.

The documentary 13th by Ava DuVernay was a visual masterpiece. The documentary provided its viewers with an array of information that spanned throughout centuries and was eloquently executed in less than 2 hours. The central focus of the film was about how the 13th amendment shaped this country and its prison system. The 13th amendment was the building block for mass incarceration and as time has gone on, new laws and amendments strengthened the process for more people to get incarcerated. Slavery benefited the country as a whole and as the Civil War was winding down, slavery was coming to an end. As the documentary states, the South especially relied heavily on slavery for their economy to sustain. After the passing of the 13th amendment, slaves were freed and it left the South’s economy in shambles. A stipulation within the 13th amendment, that states “Neither slavery not involuntary servitude, except as a punishment for crime whereof the party shall have been dully convicted, shall exist within the United States.” In turn, mass amounts of newly freed slaves were arrested and deemed criminals. Being criminalized reduced them back to a lower status in the United States, and unfortunately reignited slavery in a new kind of form. The film was not only educational, it also provided its viewers with knowledge about why there is such a disparity in mass incarnations amongst people of color compared to their white counterparts.

The New Jim Crow: Mass Incarceration in the Age of Colorblindness is a book by Michelle Alexander, a civil rights litigator and legal scholar. The book discusses race-related issues specific to African-American males and mass incarceration in the United States. Michelle Alexander (2010) argues that despite the old Jim Crow is death, does not necessarily means the end of racial caste (p.21). In her book “The New Jim Crow”, Alexander describes a set of practices and social discourses that serve to maintain African American people controlled by institutions. In this book her analyses is centered in examining the mass incarceration phenomenon in recent years. Comparing Jim Crow with mass incarceration she points out that mass incarceration is

The election of Barack Obama as the 56th president of the United States raised many hopes that the “Black struggles” was finally over. For conservatives, Obama victory reassured their beliefs that there was no longer such thing as racism and that every American had equal rights and opportunity to pursue the American dream. While many people have come to believe that all races have equal rights in America, Tim Wise argues in his documentary “White Like Me” that not only does racism and unconscious racial bias still exist, but that also White Americans are unable to simply relate to the variety of forms racism and inequality Blacks experience. This is mainly because of the privileges they get as the “default.” While Wise explores the variety forms of racism and inequality today such as unconscious racism, Black poverty, unemployment, inadequate education system, and prison system, the articles by the New York Times Editorial Board, the Human Rights Watch (HRW), and Adam Liptak further explore some the disparities in the criminal justice system. Ana Swanson points out in her article, “The Stubborn Persistence of Black-White Inequality, 50 Years after Selma” that while the “U.S. has made big strides towards equal rights,” significant gaps still remains between the two races. With the Supreme Court striking down a “portion of the Voting Rights Act that stopped discriminatory voting laws from going into effect in areas of the country with histories of disenfranchisement,” civil

It is commonly believed that after the onset of the Civil War, Lincoln’s signing of the Emancipation Proclamation was the key driver to freeing the slaves of the south. After the Civil War, the 13th, 14th, and 15th Constitutional amendments were passed which aided newly freed slaves in being equally treated under the law, or so the story goes. The fact of the matter is that even after the Emancipation Proclamation and after the amendments, slavery in the United States was still “legal” and not only that, but it took on a much different form. The institution of slavery changed from having the direct enslavement of blacks, to the United States legal and prison system enslaving blacks. Yet, the enslavement itself was changed as black convicts

From the moment Thomas Jefferson wrote the Declaration of Independence, the United States of America established itself as a nation built upon the foundation of equality. In the legendary document, Jefferson proclaimed, “all men... are endowed by their Creator with certain unalienable rights... life, liberty, and the pursuit of happiness (Declaration).” Contradictorily, when the separatists fled England for an auspicious future in North America, their treatment of the Native American and Spanish occupants was inhumane, barbaric, and not becoming of a civilization ingrained with the principles of equality. Moreover, the pioneers of the “free” world marginalized, ostracized, and chimerically represented the African race more than any other minority. Paradoxically dubbed the “man of the people”, Thomas Jefferson illuminated his true interpretation of equality in Notes on the State of Virginia. “We have had under our eyes the races of black and of red men, they have never yet been viewed by us as subjects of natural history,” he wrote. “I advance it... that the blacks... are inferior to the whites in the endowments both of body and mind (history).” Despite what the media conveys, this belief system lingered and particularly exists in the Department of Justice. For years, our government controlled the amount of accessible, viable, and financially rewarding opportunities for impoverished African Americans through the surreptitious agendas of law enforcement. However, Los Angeles

The topic of whether or not there is racism in the legal system is becoming increasingly debatable among certain groups. The obvious evidence that has been glaring in the faces of the public for decades says it all: the criminal justice system is, and always has been, swayed by racism. Despite this, the opposing side of the argument - which mostly consists of privileged whites – diligently argues that racism was outlawed decades ago. There are also African Americans who are unaware of how their race is constantly being oppressed. However, the younger generation is quickly becoming culturally and politically woke and passing on the knowledge. Although racism is not explicitly stated in the law, racists are still hiding behind the supremacy of the country. White policemen have went as far as mindlessly killing young black people and claiming it was done out of self-defense. White judges will find loopholes in the legal process when dealing with an offense committed by an African American. They are targeting African Americans and punishing them more harshly than the white people who commit crimes.

Our past is full of cases that represent the inequality of the criminal justice system. In the landmark U.S. Supreme Court case of Plessy V Ferguson, in 1896 the court upheld racial segregation and made the separate but equal the standard doctrine of the United States until 1954, when the Supreme Court handed down the decision in Brown v Board of Education which made the racial segregation illegal and highlighted the protections offered in the fourteenth amendment as it relates to equal protection. Despite the 14th Amendment 's promise of life and liberty under the law, this group of Americans found themselves subject to another law, known as the "Jim Crow Laws." These were a group of laws passed primarily in the southern states during reconstruction and lasting until around 1965, were established to make sure that the whites were treated differently than the blacks, in everyday life, including the criminal justice system. Even though the Jim Crow era has passed by, we unfortunately have come to the conclusion that we have just entered a new era of Jim Crow. “We are arguably no longer under Jim Crow or de jure discrimination; however, unfortunately and regrettably, we are presently realizing manifest de facto discrimination, or the new Jim Crow” (Durrant, 2015). Statistics show that over 40 percent of students who are expelled from school today are African American and over 70 percent of students who are referred to law enforcement for criminal activity are

The institution of slavery dates back before written records. The term slave was originally a derivative from the historical French and Latin medieval word for Slavic people of central and Eastern Europe. [ (wikipedia, 2010) ] In North America, the class system is systematically at the root of every socioeconomic and political issue resulting in Super companies, multibillionaires and the formation of lobbyists and special interest groups; there always has and always will be the have and have-nots. Unfortunately, for African Americans who have historically been the have-nots, that does not seem to have changed as evidenced by recent events like the Jenna 6. African Americans have a history uniquely

Racial discrimination in the United States has been a radical issue plaguing African Americans from as early as slavery to the more liberal society we see today. Slavery is one of the oldest forms of oppression against African Americans. Slaves were brought in from Africa at increasingly high numbers to do the so-called dirty work or manual labor of their white owners. Many years later, after the abolishment of slavery came the Jim Crow era. In the 1880s, acts known as the Jim Crow laws were enacted by Southern states to keep oppression of African Americans alive. These laws helped to legalize segregation between blacks and whites. Slavery and Jim Crow were created to regulate how African Americans functioned in society. Slaves were refused the right to vote, refused citizenship, refused education, and labeled as incompetent as a way for whites to keep what Author Michelle Alexander of the book The New Jim Crow: Mass Incarceration in the Age of Colorblindness calls “social control”. Alexander argues that mass incarceration is the new modern “racial caste system” of social control. She further goes on to claim that this new system of mass incarceration has replaced the old social systems that were used to oppress African Americans such as slavery and Jim Crow. The system of mass incarceration fueled by the War on Drugs was established as a form of racial control. This new system puts people of color into an endless cycle of

Is the criminal justice system biased? Law enforcement has used techniques such as criminal profiling to achieve the responsibility of protecting and serving society. How they use this practice is the key to whether the system is biased. Criminal profiling is a research method used by law enforcement professionals to select the potential suspects of a specific crime. Zapf (2011) stated “Criminal profiling is the process of identifying behavioral tendencies, personality traits, geographic location, and demographic or biographic descriptors of an offender based on the characteristics of a particular crime” (para.1). Simply explained, specialists such as crime scene investigators look at the crime and try to fit a suspect to that crime based on a number of factors. Those factors could be what the crime scene looks like, the victim, and the area where the crime was committed. Based on those factors a profiler could predict who the offender may be and additional information regarding personality, psychological traits, and social status. For example, the crime is a murder, the victim is a white, thirteen year old boy, the crime scene is completely organized so no evidence is found, and lastly the crime was committed in a suburban area. Gathering all this information, a profiler may predict the offender is a black man, slim build between the ages of 30-35, perhaps has OCD, or is currently unemployed. Now to locate the suspect is up to police officers to use the characteristics