Tram N Tran
JUS 305
September 3, 2015
Instructor M. Clark Sugata
Racial Inequality and Justice
“Justice” is a term that should not only prefer to different portions of distribution, but also to the institutional conditions to develop individual capabilities, as well as cooperative communication. Under this conception of justice, many people in the U.S. consider disciplinary justice as an appropriate approach to sustain social order. However, it seems like there are more chances that the minorities are targets of the inequality in justice system, especially in socio-economic and political problems.
Even if people of color were fully distributed in the capitalist hierarchy like white people, racism is still a big problem of the inequality system.
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According to the National Center for Access to Justice (2015), a network of pro bono legal service providers representing the poor has arisen to address the need of justice gap, but more than half of those who seek help are turned away, as a result of unavailable adequate public funds and private donations. By reducing the pro bono law firms, legislators indirectly thrust the poor into lack access of finding qualified attorneys to represent themselves in bureaucratic proceedings. Rhode (2005) suggests that in order to maintain the fairness of American justice, we need to press reforms in political institutions, which has “deep ideological and structural roots” (p. 126). Those reforms include, but not limited to, the distribution of legal self-help materials, the procedures of resolving disputes without lawyers or court hearings, the expansion of pro bono services, and the adequate funding of legal-aid agencies (Rhode, 2005, p. 126-134). Even though our laws can policies can change over time, I believe Rhode’s suggestions on reforms may have some involved complications due to the lack of political actions, civil disobedience, and direct actions.
The United States is a dreadfully unequal society in terms of the distributions of material wealth, especially the outstanding benefits and privileges that accumulate to wealth. This inequality is enormous, regardless of race. However, the minorities are still struggling with the overall system of socio-economic inequality in which multiple scholars have to study, analyze, and suggest different solutions for this
A Critical Analysis of The Divide: American Injustice in the Age of the Wealth Gap
The injustice of incarcerating a defendant that was tried and convicted without the representation of an attorney is “an obvious truth.” Gideon, 372 U.S. 344. Yet, isn’t there truth to the shocking injustice of leaving the poor and most vulnerable without representation for legal issues regarding basic needs such as shelter, food, safety, family and health? The decision in Gideon stressed that a criminal conviction, stripping an individual of their liberty, without the representation of counsel was a grave injustice that violated the dues process clause. The poor are denied due process, suffering a loss liberty and justice because they cannot afford legal representation. In some cases, the loss is just as great if not greater than being convicted of a crime or imprisoned. Kathryn Grant Madigan, Advocating for a Civil Right to Counsel in New York State Note, 25 Touro Law Review 9–22 (2009).
In Thomas Shapiro’s “The Hidden Cost of Being African American”, Shapiro goes in depth on how wealth in America is disproportionately dispersed between different nationalities. Mainly between Caucasians and African Americans. Shapiro has helped paint the image of wealth inequality and has shown how this is even more staggering than the wage gap between African Americans and Caucasians. Some of the theories he indirectly uses in his book and that I will be exemplifying are generational wealth and support systems, education, and the idea of how poverty only begets more poverty.
America has a lengthy history on how it became the powerful country it is today, and although its history can be interrupted in many ways (depending who you ask) one thing that is for certain is that wealth has yet to be distributed equally amongst minorities. According to the article “Income inequality matter; Extreme gap in wealth makes society unstable.” Philip Meyer claims that the wealth gap between whites and minorities has existed since Ronald Reagans’ term of presidency (A9). Although Ronald Reagans’ term ended many years ago the mistakes that caused this imbalance of wealth (and its aftermath) while he was in office remains almost if not exactly the same as when the problem initially began (Meyer A9). The wealth gap continues to target minorities and is affecting our communities at an alarming rate, however, many attempts have been made to reduce its existence but the factors of income inequality, unemployment rates and discrimination before and after our recent 2007 recession prevents our country from eliminating such a toxic problem.
In spite of the fact that law capacities to advantage society it can likewise reflect and strengthen the social disparity found in bigger society. American history is loaded with case of two related parts of law and imbalance. The utilization of law to encourage social disparity and the effect of disparity on the causes of law and the operation of the lawful framework.
Legal inequality is an injustice that people of color have been subject to for years. In the US, racial discrimination against people of color in the justice system such as mass incarceration and racial profiling generates a wide variety of public issues that influence the life possibilities of the Latino and Black communities. Laws were created in an effort to ensure the safety and stability of everyone everywhere. With that being said, however, the laws did and do not always have the best interest of certain races in mind. In the book, The New Jim Crow: Mass Incarceration and Colorblindness, Michelle Alexander discusses legal inequality in relation to race by asserting that the legal system discriminates against people of color, specifically African Americans, just like they were treated during the Jim Crow era. Legal Equality can be defined as individuals having the same resources and rights available to them equally and on the same level, regardless of race. This paper will argue that the U.S. legal system targets people of color through incarceration, the War on Drugs, and racial segregation.
Economically speaking, not all men and women are created equal within America. After reading Doubly Divided, it is clear that white people have always maintained a wealthier status above non-white groups throughout this country’s history. Even in today’s society, many Native Americans, African Americans, Latinos, and Asian Americans have high poverty rates and low valued assets when compared to whites, clearly exhibiting a racial wealth gap. However, the Federal Government has greatly contributed to this wealth gap over the last 200 years through a process I call the “take and prevent method”. For example, large amounts of land were taken from Native Americans and given to white farmers under the Homestead Act of 1862. With a major asset gone, the government prevented any further wealth accumulation by forcing Native Americans onto reservations, using corrupted trust fund accounts, and assimilating them into white culture (through the 1887 Dawes Act). As an additional example, the discontinuation of the Freedman’s Bureau and an overturned civil rights act meant that African Americans had their land and rights to ownership taken away as well. And as a measure of prevention, governmental programs such as unemployment, Social Security, and
The United States is a multiracial society that has had many issues on racial disparity. The major ethics categories in the United States are Asians, African-Americans, Caucasians, Hispanic and Native Americans. Racism, a social problem in the United States since the founding of the country, is a belief that all people in that specific category has a certain characteristic. It distinguishes a race being inferior or superior to another. Historically, the white majority has always gotten better treatment than the other races. Out of all the other ethnic groups, “white has singled out of getting unequal treatment in the areas of housing, education, employment and criminal justice” (Racial Disparities). The Justice System is very well racially disperse because, African Americans as well as Hispanics, do not get the equal protection or social benefit from the government.
Justice is a concept that takes into account the inalienable rights of all individuals to equal protection before and under the law regardless of race, gender, ethnicity, religious belief, age, disability or income. The justice system of the United States was founded on the principles that everyone has the right to receive a fair trial with equal representation. Racial disparity exist whenever there is a vast disparity between the proportion of a group represented in the overall population and the proportion of the same group at any given point within a system. Structural inequality affects an entire class of people by granting them special access to assistance as a result of their race, ethnicity, gender, class or wealth. Racial disparity is an ever growing problem within the criminal justice system partly
This paper will explore the causes and consequences of this racial disparity and political institutions that perpetuate the racial injustice. Analyses of this kind are significantly important considering the implications in the modern day society, where issues of race and justice are becoming more pervasive and exigent.
Economically, there is a deep seeded gap between African Americans and Caucasians in modern era. Michael Genovese argues that “in the United States, corruption and reform more often exact their costs in the form of reduced competition in both politics and the economy” (14). It is about reducing competition, or ,in other words, reducing the amount of economic opportunity to grow one’s wealth. Through slavery and segregation, the African American community had no ability to grow as they were not only physically but economically as well. This idea of corruption reducing competition can be seen in the economic gap that is shown between African Americans and Caucasians.Taking a look at this statistic that was found in “The Racial Wealth Gap” a Forbes article by Laura Shin, “the median white household had $111,146 in wealth holdings in 2011, compared to $7,113 for the median black household and $8,348 for the median Latino household”. Oppression of African Americans can not be the sole reason for this disparaging difference, but perceptions of African Americans can definitely be a factor to not allow the same opportunities as others, reducing the likelihood gaining individual wealth. Through these statistics, the oppression of the past is highly likely to be a key factor in the maltreatment and disproportionate distribution of wealth in regards to African Americans. The attitudes that have been pasted
Racial discrimination is the main and ongoing problem in the social life of Americans. When we look at the gap of incomes between White and African Americans, we can see the inequality between these two groups. In general, whites have more annual earnings than their black counterparts in America. Lori Ann Campbell and Robert L. Kaufman emphasized that the wealth determinants, which are the indicators of socio-economic status, have effected more on Whites than Blacks. And even when society is organized, there is still some disparities on account of race and ethnicity. (Campbell and Kaufman, 2006). And income disparities between African and White Americans have definitely effected the peace of the social life. According to Campell and
Imagine living in a world that consistently devalues your existence and is heavily populated with individuals who are quick to use and abuse your resources, but are slow to share the wealth that is accumulated from those resources. How would you feel? Unfortunately, certain populations do not have to visualize the disparity that is pictured above. This is because inequity is one of the most demoralizing social issues that plague America today. The worst thing about inequity is the fact that it continues to disproportionately burden individuals who are categorize as being minority in today’s society.
Discrimination and disparity are alike in that when discussing these terms they both mean inequality. However, there is a dissimilarity in the significances of these words in the context of the criminal justice system. When assessing these terms as they relate to the criminal justice system, discrimination and disparity of racial and ethnic groups has been acknowledged by many for some time. In some situations disparity can be an outcome of discrimination in the justice system. Disparity refers to injustice of all aspects of the criminal justice system, from arrests to sentencing for certain groups of people; it almost always refers to ethnic and racial disparity.
Within the criminal justice system, officials abuse their power. The officials of the justice system have a duty to protect and perform their duties with unbiased decision making. The abuse of power jeopardizes people’s lives who are not able to sustain oneself and their families. Some people do not understand that poorer people find themselves in jail more and once a person is released, that person is subjected to return to jail for the amount of money owed to the state. There are many obstacles for the poor, especially those of color. People of color are treated unfairly in the justice system, from the arrest, the sentencing, and the release. The criminal justice system is supposed to be just but that is not the case. The criminal justice system allows for the police, public defenders, and judges to bend the laws and not be punished for their actions or that apologizes can fix the wrong that has been done. This paper will discuss the abuse of power from the justice system and the solutions to rectify the damages.