Cases And Labeling Theory : Case Analysis

The racial bias against McMillian is shown in his interactions with the law enforcement, who would often yell racial slurs at McMillian (Stevenson, 2014, p. 48, 55). Another example of racial bias against McMillian is the exclusion of African-American jurors from his trial, although there were few black jurors to begin with because the case was moved to a county with a negligible African-American population (Stevenson, 2014, p. 60, 62). These two examples show the mistreatment of African-Americans in the American justice system and the manipulation courts perform to convict accused African-Americans – even when they are innocent.

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

Baldus study was based on more than two thousand murder cases in Georgia, and “the study found that defendants charged with killing white victims received the death penalty eleven times more often than defendants charged with killing black victims.” (Alexander p.110) Baldus Study was significant to this chapter because it shows patterns of discrimination and how the government and police enforcement use race to harass African Americans.

For my final project I chose to focus on Race and sentencing. The United States is about 5% of the world’s population but when it comes to world prisoners the Unites States is about 25%. In the United States African Americans are incarcerated 5 times more than whites in state prisons throughout the country and also 10 times more than whites in 5 states. In this paper I am going to research and study specific articles and studies that document the rate of incarceration for African Americans and Whites. This is not only a problem state by state sentencing but it is also problem for federal sentencing as well. Not only am I going to look at race and sentencing but I am going to also

The criminal justice system of America is deeply scarred with racial bias. Crimes are being committed and, in turn, are resulting with innocent people doing hard-time. Thankfully, newfound methods of appealing court rulings are finding justice for these minorities; however, the results are as shocking as the crimes being committed. When it was found that the majority of successful appeals were of minorities, the true defects of the system was apparent. The minority community is being critically judged for things they’re not doing.

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.

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.

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).

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).

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.

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 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

It discusses why a simple test for racial bias commonly applied by the courts is inadequate and developed a model of law enforcement that suggests an alternative test (Knowles et al., 2001). It also goes on to say that even if they could find some sort of evidence of discrimination, they are not informative