Ethnicity In The Criminal Justice System

The prison population in the United states has increased 500% in thirty years. Since the 1970s social inequality has impacted the American prison system. America has 2.3 million people in prison which is “five times more than England and twelve times more than Japan.” We want to know why our prison population is growing and what are the core reasons. Has our society caused mass incarceration? Is it based on conflict theory or social stratification? Our research will include a comprehensive analysis of sentencing guidelines from the war on drugs , race, and poverty and respectively its impact on mass incarceration. “The United States has the dubious distinction of leading every other nation in both the largest total

When you think of mass incarceration it is imperative to look at the causes that affect minorities. One major thing that produced an increase in mass incarceration is the war on drugs. The war on drugs has impacted minorities in a major way. The war on drugs pushed policymakers to structure laws that were targeting underprivileged individual mainly minorities group. In addition, “The deinstitutionalisation of people with mental illnesses, and punitive sentencing policies such as three-strike laws (mandating life imprisonment for third offences of even relatively minor felonies) and mandatory minimum sentences for specific offence, even for some first0time offenders undoubtedly helped to both launch mass incarceration and keep it going” (Wilderman, & Wang, 2017, p. 1466). The war on drugs came during a time when crack cocaine became widespread in the black community. The popularity of crack cocaine became prevalent and accessible for many low-income individuals. Therefore, the high rate of crime that was induced by the crack epidemic forced many jobs to leave the communities. However, the structuring of laws put more emphasis on crack cocaine than powder cocaine. Not to mention, crack cocaine is prevalent in minority communities, and powder cocaine is present in the majority community. According to Martensen (2012), “Not only does this deny accessible goods and services to local residents, it likewise decreases the local job opportunities available for community members” (p. 214). Consequently, many African American called on the police to take action against the same people that looked just like them. Crutchfield, & Weeks (2015) states, “Some of the changes during this period of increased incarceration that disadvantaged people of color coming into the justice system were implemented with the help and support of African American political leadership” (p. 109). Therefore, lawmakers had to come up with a solution to address the issue. Law-makers created laws that put emphasis on arresting drug dealers for selling drugs. These small-time drug dealers were becoming a hazard to the community. However, the laws begin to cause harm to all that looked brown or black whether

The United States features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

The criminal justice system in the United States promotes the mass incarceration of blacks can be seen through the high number of African-Americans going to jail for drugs compared to any other race. According to www.naacp.org “about 14 million Whites and 2.6 million African Americans report using an illicit drug”; if someone was to calculate this that means five times as many Whites are using drugs as African Americans.

In 1950, 70 percent of whites were imprisoned and in 1990 it flipped to 70 percent of African Americans and Latinos imprisoned. In 2008 a study showed that 68 percent of those in prison were African Americans and among drug offenders who were released, 92 percent were black (Vogel, 2016). Nearly 14 million whites and approximately 2.6 million African Americans report using an illicit drug (Criminal, 2016). In 1980 whites were more likely to sell drugs than blacks by 45 percent. In 2012, 6.6 percent of whites sold drugs compared to just 5 percent of blacks. However, blacks are 3.6 times more likely than whites to be arrested for selling drugs and 2.5 times more likely to be arrested for possession of drugs. (Rothwell, 2014). Blacks make up 12 percent of the total population of drug users, but 38 percent are arrested for drug offenses. African Americans essentially serve as much time for drug offenses as whites do for violent offenses. Yet blacks are incarcerated at six times the rate of whites (Criminal, 2016). “Jerome Miller analyzed arrest statistics from several American cities to determine the impact of the War on Drugs on policing. He found striking racial disparities in how drug arrests were made. In many jurisdictions, African American men account for over eighty percent of total drug arrests. In

In his book “Punishment and Inequality in America” Western discusses the underlying racial disparities that have lead to a mass incarceration in the United States. He states that incarceration rates have increased by a substantial amount. The race and class disparities viewed in impromesment are very large and class disparities have grown by a dramatic amount. In his book he argues that an increase in mass incarceration occured due to a significant increase in crime. The increase in mass incarceration can also be correlated with urban street crime that proliferated as joblessness in inner-city communities increased (Western, 2006). He also states that an increase in incarceration rates may be due to the changes in politics and policy which have intensified criminal punishment even though criminal offending did not increase. Although these are substantial reasons as to why incarceration has increased significantly in the US there are many underlying issues. The incarceration rates amongst young black men have increased the most in the United states, black men are more likely to go to prison than white and Hispanic men (Western, 2006). This may be largely due to factors such as unemployment, family instability, and neighborhood disorder which combine to produce especially high rates of violence among young black men in the United States (Western, 2006). A rise in incarceration rates may also be largely due to to increased drug arrests which represent the racial disparity.

Although we would like to believe the world is not as racially charged in 2013 as it was in the 1960s, a look in our penal system would show that minorities are still arrested and incarcerated at a higher rate than whites. The United States has experienced a rise in its prison population over the last 40 years and our incarceration rate is nearly 5 times higher than any other country. Even though 13% of the US population are African American males, they make up 38% of the prison population. Contributing factors to these numbers are mandatory minimum sentences, high crime and poverty areas, and lack of rehabilitative resources within our system (p.77-78).

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.

A study discovered that "in 1992 alone, two-thirds of those admitted to state prisons for drug offenses were black. And the number of black males held in prisons, as a proportion of the adult population, nearly doubled from 3.5 percent in 1985 to 6.7 percent in 1994. (The corresponding number for whites in 1994 was only 0.9 percent)," (Loury). This again highlights the issue of racism involved in the way that drug enforcement is treated and the people who are targeted considering that white people and black people do use drugs at the same rate. The overpopulation of the United States’ prisons is costing taxpayers a high price and does not result in the lowering of crime rates of drug use or selling rates. The level of recidivism, which is when a prisoner is released and then returns back to prison on different charges, has stayed the same. The rate of recidivism remaining constant is evidence that imprisonment and harsh sentences are not effective in reducing the drug problem in the United

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

The war on drugs then shifted focus and targeted minorities as the causes of crime, and used drugs as a mechanism to maintain unjust policing. The author addresses several statistical figures pointing out the United States as having the highest incarceration rates in the world, and the majority of those incarcerated being minorities incarcerated for simple drug crimes. The author also quotes another author who points out that when the war on drugs was declared there was not a drug crisis, however, with the support of media and politicians the war was pushed for and targeted minorities. In targeting minority groups the article also describes how minorities that were targeted suffered a mental imprisonment. This mental imprisonment is also perpetuated through the stereotypes of the “Criminal black man,” that currently marginalizes minorities in our current

“The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison” (Alexander, 2012). The numbers tell the story better than words can: black people are more likely to go to prison than any other race in the United States, shown by the fact that more than 60% of the prison population is composed of people of color (The Sentencing Project, 2016). These statistics can be traced back to several different cause, including the Era of Jim Crow and the War on Drugs, both of which led to higher policing in minority areas.

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.