Class And Race Disparities Among Sentencing

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.

Has the criminal justice system always been unfair to minorities? Lauryn Hill, a famous songwriter talks about several things that opened the eyes of citizens everywhere across this nation in her album MTV Unplugged No. 2.0. In her song, “Mystery of Iniquity” she exposes the unjust court system and how everyone plays a part. The word iniquity means immoral unfair behavior. In the song Lauryn is trying to understand the meaning of the unfair behavior by the criminal justice system. She released this album in 2001, and she was not wrong for publicizing her views on this masterpiece of an album. We tend to forget that under President Clinton’s term, he enforced the 3 strikes and you're out policy, which placed more African American men in person for using crack cocaine than ever before. In the early 2000s, African Americans made up nearly 80% of a prison's population due to the federal crack cocaine laws and they also served more time in prison for drug offenses than their white counterparts. However, during this time period more than 67% (⅔) of crack cocaine users were either white or Hispanic.

Addressing Racial Disparities in Incarceration by Marc Mauer describes the current trends and impact of mass incarceration on colored communities. He precisely focuses on how the criminal justice system contributes to racial disparity within these communities and what changes need to be made to terminate the problem. Mauer explains that communities have very skewed ideas of how their criminal justice system works and that continues to divide the country based on race (2011, p. 88S). Mauer provides examples of racial bias in the three main pit stops of the criminal justice system starting with the officer who makes the arrest, followed by prosecution and finally the sentencing. Law enforcement officers frequently include implicit bias in regards to arrests and public policy decision, especially drug arrests, systematically

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

In this article, Robert, April, and Jorge (2010) acknowledges previous research reports on this topic and reveals that race, and racial patterns have found their way in involvement of crime. However, Robert, April, and Jorge (2010) argue that there is no significant proof that there are meaningful racial disparities in the legal systems. Although some literatures provide research on the existence of racial profiling by police, in imprisonment, and sentencing, other researchers report no significant racial disparities in the legal systems (Black and Reiss, 1970; Pilivian and Briar, 1964). However, other researchers report on ample racial disparities based on race. These researches are controversial because the size of the differences in such reports tends to bring up the question of meaningfulness of the differences observed (Wilbanks, 1987).

African Americans constitute 12% of the U.S. population, 13% of the drug using population and fully 74% of the people sent to prison for drug possession. Studies have shown that minorities are subject to disparate treatment at arrest, bail, charging, plea bargaining, trial, sentencing, and every other stage of the criminal process. These disparities accumulate so that African Americans are represented in prison at seven times their rate in the general population; rates of crime in African American communities is often high, but not high enough to justify the disparity. The resentment destabilizes communities and demeans the entire nation. (Justice, 2004)

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

“The system is not fair. Institutional racism is alive and well in the juvenile justice system as it is in the criminal justice system, due to racial disparity and bias in the court room” (Jones, Bridgett). This is a statement that plagues many people involved in the justice systems. There are huge racial disparities throughout the world. Post-Slavery: the early development of the Race/Crime Connection, Profiling: Racializing possible cause, and differential bias involvement as well as institutional racism. We can work on having better policies and procedures driven into police practices and we need to make sure people of color are not excluded from juries to stop most of the disparity.

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

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.

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).

Dating back to several hundreds of years ago, people have always been discriminated against. In today’s society, one might think that discrimination is outdated, however, it happens more than a person might think. Stemming back from how a person was raised to what type of social situations they have been immersed in can result in some sort of discrimination or bias. Three physical characteristics are often times the root cause of most discrimination, race, gender, and age.

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).

Racism has a huge impact on society to this day. The greatest wrong doing in the U.S criminal justice system is that it is a race based organization where African Americans are specifically focused on and rebuffed in a considerably more forceful route than white individuals. Saying the Us criminal justice system is racist might be politically disputable in different ways. In any case, the actualities are debatable. Underneath I explain many cases of these issues. Information on race is available for each step of the criminal justice system – from the use of drugs, police stops, arrests, getting off on bail, legal representation, jury selection, trial, sentencing, prison, parole, and freedom.

In many cases we are forced to believe that the prison system is fair and equal to all, although that may not be the case. The prison system at first glance seems fair and equal but after looking closer you will find many times it’s not fair at all. For example, “an African American male could spend more time in jail for possession of crack than a white man with the same amount of powder cocaine” (Harmon 372). This is just one example of how society has been taken advantage of in the prison system. Some people are subject to years in prison although they should not be while others enjoy life even though they should be in prison. The injustice in the sentencing of prisoners is an ongoing problem in society, as some criminals get of easy for horrible crimes others criminals suffer unfairly all because of color of their skin.