A number of studies have focused on the effects of victim behavior and characteristics on juror decisions. They have investigated the length and intimacy of the relationship between the victim and the offender, the type of resistance used by the victim, or the presence of alcohol prior to the rape as well as personal aspects of the victim, including: history of substance use, criminal record, sexual history, race, personality, physical attractiveness, socioeconomic status, gender, and previous sexual assault victimization (Angelone et al., 2015; Beichner & Spohn, 2012; Dupuis & Clay, 2013; Hammond et al., 2011; Landwehr et al., 2002; Maeder et al., 2015; Mazzella & Feingold, 1994; Sims, Noel, & Maisto, 2007; Sommer & Kehn, 2015; Thornton & Ryckman, 1983). While some of these studies have focused on the effect of one single variable, others have examined the effects of two or more variables to see if they might influence jurors’ judgments alone or simultaneously. As previously mentioned, the current research will examine the combined effects of race, sexual experience, and presence of alcohol, thus a discussion of each individual characteristic is warranted.
Race
In the United States, race has played a long and significant role in the criminal justice system. Whether on topics of criminality, mass incarceration, arrests, sentencing, or the death penalty, the impact of race is often discussed. Race is also a considerable factor in rape and sexual assault cases. The 2008
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.
Crime has always been a hot topic in sociology. There are many different reasons for people to commit criminal acts. There is no way to pinpoint the source of crime. I am going to show the relationship between race and crime. More specifically, I will be discussing the higher chances of minorities being involved in the criminal justice system than the majority population, discrimination, racial profiling and the environment criminals live in.
Studies on relationship between race and delinquency primarily focus on two groups, African Americans and Whites. Applicable arrest data reports that African Americans are disproportionately involved in delinquency, with larger differences for serious crimes. Recent analysis has indicated that these race differences have declined in recent years. Criticism of these studies note that crimes committed by African Americans may be more likely to come to attention of the police and that African Americans offenders are more likely to be arrested than their white counterparts. Early self-report data found little or no relationship between race and delinquency. Later self-report studies found that African Americans and whites commit similar levels of minor delinquency, while African Americans are more likely to engage in serious delinquency, but not to extent reported in arrest data. The studies attributed the discrepancy to a larger percentage of high-rate African Americans offenders than high-rate white offenders. Victimization data suggests that African Americans are more likely than whites to be both offenders and victims of violence. Race and social class explain some but not all of the factors contributing to serious delinquency (Wright and Younts, 2009).
Racial inequality in the American criminal justice system has a strong effect of many realms of society such as the family life, and employment. Education and race seem to be the most decisive factors when deciding who goes to jail and what age cohort has the greatest percentage chance of incarceration. Going to prison no longer affects just the individual who committed the crime. Instead, the family and community left behind gain a new burden by one individual's actions. The United States still has a large disparity between Whites and Blacks and now a growing Hispanic population. This racial disparity in the educational
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
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
In today’s society, discrimination continues to affect millions of minorities from inappropriate name calling to being shot by a law enforcement officer because you were perceived to be dangerous. The underlying effects of racial discrimination are seen in all aspects of our society, especially in our social institutions. These social institutions range from the educational system to our government, yet racial discrimination is more evident in the criminal justice system. When analyzing how the criminal justice system discriminates against minorities we are able to do so through the visible disparities within the system. Unfortunately, these disparities display African Americans having the highest population rates in the criminal justice system, therefore, we can immediately conclude this disparity in population is due to the injustices conducted by the system. Thus, there is a need for urgent change not just within the criminal justice system but within all social institutions beginning with our government. This change should create greater opportunities for minorities to enter the political field in our government as well as promoting higher participating in voting. Yet, the criminal justice system within all its aspects practices discrimination due to its deeply interwoven prejudice, institutional racism, and socioeconomic status.
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
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.
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).
Research shows that African Americans and Latinos have been the victims of racial profiling by the criminal justice system. African Americans and Latinos are at a higher risk of being arrested, prosecuted and sentenced that Whites. The main cause of racial disparities occurs because law enforcement agencies believe that African Americans and Latinos are at high risk of engaging in crime and violence. During prosecutions and court hearings, the jury and judges give harsher sentences to minority groups. As a result, minorities view the criminal justice system as unjust since it favors whites. This research paper reviews relevant literature to show white privileges and racial disparities in the criminal justice system. Additionally, the paper provides linkages between racial disparities in the United States criminal justice system and the law. In this regard, the main objective of the research paper is to give detailed insights on racial discriminations 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).
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.
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