Biases In The Criminal Justice System

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).

Prison classification is an important process in the U.S. correctional system and community corrections. Every state utilizes different types of classification method to classify their inmates. Penal institutions in the U.S. have evolved tremendously in terms of sentencing procedures, decisions and classifications. Studies from Clear et al. (2013) indicate that offenders in the United States, which consists of men, women, and juveniles, were all confined together in the same prison in the early 1800’s (p. 296). Modern correctional facilities do not mix the entire population of men, women, and juvenile offenders in the same jail or prison, but rather, in separate correctional facilities with different levels of security and monitoring. In our current era, correctional facilities for men, women, and juveniles have rehabilitative programs and modern identification systems that have the capability to measure “static risk factors such as criminal history or severity of current crime” (Christensen, 2008, p. 18). This case study will examine Pelican Bay State prison’s racial base classification system, and whether its practices are considered as a violation of an inmate’s civil rights.

Undoubtedly, race defines nearly aspect of the criminal justice system, from police profiling/targeting, to crimes charged and sentencing, to rates of conviction and incarceration. Blacks and Latinos make up sixty-three percent of the prison population while only making up a quarter of the total population (Hunter & Wagner, 2011). According to Michelle Alexander (in The New Jim Crow: Mass Incarceration in the Age of Colorblindness, “More black people are in prison or jail, on probation or on parole than were enslaved in 1850”, despite the fact that whites and blacks engage in criminal activities, especially drug offenses, at roughly comparable rates (2010). Historically, there has been a tendency to strip black and brown bodies of their humanity,

Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are

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.

There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.

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.

Long-standing disparity among ethnic races in the justice system has lasting effects on its communities. In America, 60% of inmates through the state and federal justice system are either black or of Spanish descent becoming up an overwhelming incarnated population. With such a high number of ethnic people incarnated the neighborhoods these individuals live in our bound to face the repercussions of mass incarceration. Poverty and unemployment in these communities fuel the steady flow of the population more likely to be incarnated over a lifetime. Most children in these neighborhoods grow up admiring individuals in their family or community who have been to jail more than once in their lifetime.

It has been brought up that certain race and ethic affects a person’s sentencing. Many studies have addressed the question are African Americans treated more severely than similarly situated whites? (Mitchell, 2005). Observers had indeed noted that black defendants get more severe sentencing than white defendants do (Spohn, 1981). For many years’ social scientist has examined this theory and came up with three explanations, racial discrimination, Wealth discrimination, and legal factors (Sellin, 1928). These three explanations all direct back to blacks because blacks are more likely to be poor, so they are wealth discriminated. Also, legal factors point to blacks because black defendants are more likely to have a serious charge or criminal record than whites do. Some researchers examine whether race has an impact on juveniles being convicted in the adult system (Howell, 2012) as well.

Is the Criminal Justice system racist? This question has been asked many times by people of many colors. According to Mac Donald (2008), the criminal justice system is not at all racist. The article depicts arrest rates of both whites and blacks and compares statistics on these arrests. It looks at the number of whites and the number of blacks in jails and prisons. In this critique, we will be looking into this article to see these points in which Mac Donald states proves that the criminal justice system is, in fact, not a racist one.

However, even with the abundance of educational, legal, and social issues, the bias in the courtroom was one of the legal issues found in the play, by creating a court that is filled with members who have a clear bias towards one side of the argument, the other side is misjudged and has a lesser chance of

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).

Incarceration rates are a definite proof that racial discrimination occurs. “Incarceration rates in the United States have risen sharply since 1980”, stated Filip Spagnoli, “the racial distribution of inmates in the U.S. is highly negative for black Americans. Whereas they only make up 12% of the total U.S. population, they represent more than 40% of inmates”

The criminal justice system is a set of organizations and procedures set up by governments to control wrongdoing and force punishments on the individuals who disregard the laws. The main frameworks are state and federal. The state criminal justice systems handle wrongdoings perpetrated inside their state limits and government, the federal criminal system handles violations carried out on federal property or in more than one state. This system is supposed to be equal yet the nature of offenses, differential policing policies and practices, sentencing laws and biases are possible contributors to disparities in the system. The severity of the offense, prior record, age and education level are also taking into account when a decision is being made. Our prison system today varies immensely with ascending numbers of minority groups jailed within the system. Racial and ethnic imbalances continue in the United States and no disparity is more evident than that found in the criminal justice system. Disparity usually refers to a difference that is unfair, disparity in the criminal justice system stems from racial disparity which concludes that the proportion of a racial ethnic group within the control of the system is greater than the population of that group outside that control.

There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1