Ethnic and Racial Inequalities in the Justice System Essay

You are more likely to be stopped, searched, arrested, or imprisoned if you are a minority. Discriminatory police stops have reached great extent in recent years.

The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.

Less is known about the extent of discrimination at the arrest stage, in part because underlying rates of criminal activity by race cannot be easily assessed. Some evidence comes from comparing the race distribution of offenders derived from victims’ surveys with the racial composition of individuals arrested for the same crime. Two studies have found that these distributions are roughly comparable for many violent crimes.

The Bradford riots in 1995, and other public outcries showed the growing animosity that was being felt toward the police by minority ethnic communities. Another factor, which led the opinions of minority ethnic citizens of the police to become additionally hostile, is the ever advancing statistical and research evidence of racism within the police force. In 1978 Stuart Hall et al showed most clearly how, largely on the basis of pre-existing stereotypes minority ethnic people (in particular black people) were being criminalized and subjected to extraordinary policing and punishment. Both these factors increased the feelings of hatred for the police amongst minority ethnic communities. This was then furthered by the subsequent failings of the Scarman report.

There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.

Racial profiling isn’t something new to today’s society. Most recently there were incidents in which the officers were accused of mistreating blacks such as Michael Brown and Freddie Gray. “Racism versus professionalism: claims and counter-claims about racial profiling” written by Vic Satzewich and William Shaffir discusses racism versus professionalism with officers. Their argument is more biased towards the police force and they argue that it’s part of their job. “

In order to understand the nature of the statistical disparity, the first aspect that must be examined is necessarily the statistics themselves. Recent data (1998) shows that more than two out of every three arrested persons are white (67.6%) and that African Americans account for only 30% of all arrests. More striking is the data adjusted per capita: African Americans are two and a half times as likely to be arrested as whites, and are even more over-represented in violent crimes, for which they are over three times as likely to be arrested. African Americans are five times as likely to be arrested in cases of robbery or murder (Walker et al., 39).

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.

Policing and punishment in America is hardly colorblind. It is not a coincidence that minorities serve longer sentences, have higher arrest and conviction rates, face higher bail amounts, and are more often the victims of police use of deadly force than white citizens. When it comes to criminals, many people have a preconception of what a criminal is. Usually when people think of a criminal they picture a Black or Latino face. The thought of an Asian criminal is often related to Asian gangs. Interestingly enough, White people as a group are rarely associated with the thought of crime, even though they account for 70% of arrests and 40% of the prison population each year (Russel xiv). This seems to be

African Americans are targeted by law enforcement more often than any other race (Toth, Crews & Burton, 2008). Because of this the term racial profiling was created to explain the process of targeting people for criminal activity because of race not evidence (Toth et al, 2008). African Americans are over represented in the criminal justice system based on their population amount compared to whites (Toth et al, 2008). African American males are incarcerated at a rate 9 times that of white males in most states, in others that number may be as high as 12 to 26 times more (Toth et al, 2008). Nationwide statistics show in most states 1 in 20 over the age of 18 are in prison, while 5 other states report 1 in 13 or 14 compared to the 1 in 180

Racism in police treatment of minorities has created great disparities in incarceration amongst the races. Blatant cases of racist law enforcement that are covered in the news are a testament to the fact that racism within police departments exists from coast to coast. However, these are only the cases that people find out about; there are countless other cases of police racism and brutality that are not reported.

Racial profiling is an example of police brutality, which is defined by Gross and Livingston (2002) as “the practice of some officers of stopping motorists of certain racial or ethnic groups because the officer believe that these groups are more likely than others to commit certain types of crimes” (p.1413). Therefore, individuals are treated unfairly by law enforcement solely based on their race. This type of mistreatment is unmerited and ultimately a violation of an individual’s rights. However, in many instances the courts do not find it a violation of their civil rights based on the fact that racial profiling is difficult to prove. Often, prosecutors are disinclined in bringing forth a case against officers on this particular matter. Officers are permitted to stop and search individuals and their vehicles whenever there is reasonable suspicion, however, there has been studies that prove that some law enforcement officers restrict these rights primarily to minority groups. Bowling and Phillips found that although there was no formal monitoring of use of these powers, it was concluded that it was particularly heavy use of these powers against ethnic minorities, largely of young black people (as cited in Sharp & Atherton, 2007, p. 747) . In several cases, officers argue that they reasonably pulled an individual over for other probable grounds such as: traffic violations, suspicious behavior, etc., with race never being an

Apart from periodically publishing stop and search records, supervisors and managers of police force are now required to closely monitor such statistics and take timely actions if something wrong is being observed. Also stricter rules on stop and search have since been imposed, along with the requirement of police officers writing a detailed report on spot about every single incident which subjects to review seems helpful in improving police conduct (Fyfe 1979; Skogan and Frydl 2004 in Miller 2010). While stop and search practice has been somehow improved, racial discrimination can still be seen in stop and search statistics. The notion of “Black and minority ethnic groups, particularly black people, have for many years been disproportionately at the receiving end of police stop and search—a fact associated with profound community resentment towards the police” (Bowling and Phillips 2002 in Miller 2010) still largely applies today. Miller’s (2010) analysis indicate that black people are about 6 times more likely to be stopped and searched, while it is about 2 times more likely for Asians. Similar idea is seen in Bennetto’s (2009) report, which draws on police statistics that shows in 2009 “black people are seven times more likely to be stopped and searched than white”, worse than Miller’s analysis with the most recent figures in 2008. No official explaination is provided by Police, but Bennetto (2009) assumes this may be caused by simply discrimination of

Is the Criminal Justice system racist? This question has been asked many times by people of many colors. According to Mac Donald (2008), the criminal justice system is not at all racist. The article depicts arrest rates of both whites and blacks and compares statistics on these arrests. It looks at the number of whites and the number of blacks in jails and prisons. In this critique, we will be looking into this article to see these points in which Mac Donald states proves that the criminal justice system is, in fact, not a racist one.

The distrust of the police, is caused by the abuse of power given to them, and in some cases use excessive force towards ethnic minorities. The suspicion, distrust and prejudice, that some officers have against ethnic minorities can cloud their judgment when on the job. “In the case of Eric Garner, who was targeted by the Police for a petty crime of selling loose cigarettes, with an attempted arrest the police used excessive force in the form of a chokehold.”(Natarajan 2014). This is just one example of excessive force used by law enforcement. In many cases using racial profiling the victim ends up killed by law enforcement. Racial profiling feeds the misperception about minorities, which can cause emotional, mental and physical trauma to the victim of racial profiling. In an article by Erin Durkin, she reports that the statistics of stop- and-frisk by the