Cultural Diversity In The Criminal Justice System

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.

With the increase of diversity in the country, comes a wide variety of issues facing all sectors. In the criminal justice sector we see issues such as racial profiling, discrimination amongst others.

In this paper, I propose to talk about how all the three parts of the criminal justice system works and also delve a little bit on the issue of racism in context of the criminal justice system as a lot of

The diversity issue focused on in this paper will be racial disparity in sentencing. This paper will also focus on some of the reasons why racial disparity exists within sentencing. One of the research methods used in this paper will be case studies. In society today there are a diversity of citizens, of offenders, and leaders within in the court system. However, race still plays a big role in the Criminal Justice system especially during the sentencing portion. Although racial dynamics may have changed over time, race still exerts an undeniable presence in sentencing process. This ranges from disparate traffic stops due to racial profiling to imposition of the death penalty based on the race of

Diversity in law enforcement has grown to become a hot topic within the law enforcement community. The demographic of society has changed dramatically over the last 20 years and with that law enforcement has been changing, but have they been changing enough? Different law enforcement agencies have their own ways of implementing diversity in their practices and procedures, some of them are better than others, but with issues that happen today it is important that they do something.

Law enforcement and minorities have long been the focus of the criminal justice injustice within the United States. African Americans, Arab Americans, Asian Americans, Native Americans, Hispanic and Latino Americans are a number of communities in the United States along with Caucasian or non-minorities as a whole, which make up a large portion of the United States. Racial discrimination has been a large factor the criminal justice system has been plagued with for many years. In the book Just Mercy, authored by Bryan Stevenson, Stevenson details his life’s work to help those who were wrongfully convicted and biased towards in sentencing. A big part of the book is related to racial discrimination among officers. Analytically I will be looking at the question of whether the relations between the police and minority and non-minority communities differ. I will look at number of factors related to traffic enforcement practices, use of force and arrest of minorities and non-minorities in determining if there is any differences among police community relations.

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

To understand how deeply embedded prejudice is in our criminal justice system we must acknowledge that it is influenced by our society which

In this paper I will illustrate racial disparity in sentencing in the criminal justice system. The causes of racial disparity and the reasons it is on the rise, the research statistics, and the proposed solutions are discussed.

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.

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).

Although the questionnaire and interview processes are useful in gaining a better understanding of the cultural competence of law enforcement agencies, they are not helpful in improving the cultural competency of those agencies. This is where instituting mandatory cultural competency training comes into play. For example, the Equal Employment Opportunity Commission proposed steps and recommendations to increase cultural competency and one of those steps was to “develop and deploy effective EEO and diversity/inclusion training for different state and local law enforcement audiences, including department leadership, human resources, and hiring officials, union leadership, and individual officers.” (Yang, 2015). While this recommendation pertains to hiring practices, it would also be very beneficial for law enforcement agencies to have trainings. Cultural competency training is important and would greatly improve relations between law enforcement and the community.

Moral issues within law enforcement, the courts and the corrections system have made it complex and difficult to navigate fairly throughout the criminal justice system. Enforcement strategies, court practices and the incarceration rates have created discrimination towards minority groups. Carelessness and unintentional actions are moral issues. The criminal justice system has failed to account for operational procedure which creates the perception of discrimination.