Systemic Racism in the Criminal Justice System: Rape Cases
Systemic Racism. What is it? Can it be changed? Institutional racism or systemic racism describes forms of racism which are structured into political and social institutions. It occurs when organisations, institutions or governments discriminate, either deliberately or indirectly, against certain groups of people to limit their rights. One of these systems racism has been so deeply engraved into is the Criminal Justice System. Since the beginning of slavery and even before that, racism has been prominent in Justice Systems around the world, especially in the United States and is difficult to reverse. In ‘Those Negroes did not Touch Me’, an article in New African written by Journalist
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“31 March marked exactly 75 years when nine black youths were indicted for allegedly raping two white girls on a train passing through Alabama in the deep south of USA”(Goodwin). This was in 1931, 86 years later and an African American male can still be wrongly imprisoned with one word. An example of this is African American Brian Banks. In 2002, Brian Banks was accused of rape, a crime he didn't commit and was immediately imprisoned for five years. In All American Rape by Michelle J. Anderson, Anderson explains how People, women mostly, are more afraid and concerned with a young black man violently raping a white women in the middle of the night than they are about actually real life rape causes happening right under their noses. “The typical rape in the United States does not happen in an alleyway. It most often happens in the victim's own home or in the home of a friend, relative, or neighbor. The typical rape is not launched by a stranger. Acquaintances and intimate partners commit the vast majority of rapes. The typical rape does not involve a black man attacking a white woman. Rape is overwhelmingly an intra-racial crime.” People's overwhelming racial bias toward African Americans allow this social ‘norm’, as so it could be considered, to continue. In The New Jim Crow by Michelle Alexander, Alexander explains how the Racial Bias continuing in areas of society, especially the Criminal Justice System, are similar to that of Jim Crow. Alexander …show more content…
Jurors contribute much to racism dealing in rape and other cases. A study for The Journal of Social Psychology was conducted about Juror racism in Rape Trials by Patricia Herbert Landwehr et al., from the Department of Psychology at the University of Louisiana at Lafayette. In Racism in Rape Trials, Landwehr et al. concluded, similar to a previous study done by R.W. Hymes et al., Acquaintance Rape, that juror racial bias is more likely to cause a defendant to be convicted if said defendant's race differed from that of their alleged victim. Many issues come alone with the racism and racial bias continuing in Jurors and Judges. Can they be settled? The Sentencing project developed Reducing Racial Disparity in the Criminal Justice System A Manual for Practitioners and Policymakers. In this manual members of the Project developed multiple ways to reduce Racial Disparity including ‘Encouraging Diversity in the Legal Profession’. Another way to reduce racial bias in the Criminal Justice System would be to hold Blind Trials. For a Blind Trial to be effective the Jury and Judge would only be told the crime the defendant has been accused of, the age, and gender of the defendant and prosecutor. They would also be told any priors the defendant may hold and any time they may have done. The Juror and Judge will also be able to hear the statements from both sides. They will not be
While the Civil Rights Movement is considered a success, there is still racism in the United States today, in which blacks are still viewed as overly aggressive and overtly dangerous compared to whites. The racism we are familiar with today is called “institutional racism” and is not only shown in workplaces, but in schools and courtrooms. Institutional racism is defined as a pattern of social institutions who give negative treatment to a group of people based on race. To elaborate on institutional racism, starting with pre-school, black children make up only 18 percent of the pre-school population, but make up almost half of out of school suspensions. In K-12 black children are three times as likely to be suspended than white children. Now moving to the court system, black children make up nearly 60 percent of children in prison and are more likely to be sentenced as adults than white children. These statistics show that black’s, even black children, are more likely to be viewed as dangerous and subject to worse sentences.
Racial discrimination is where an employer commits race discrimination when it makes job decisions based on race or when it adopts seemingly neutral job policies that disproportionately affect members of a particular race. Federal and most state laws prohibit workplace race discrimination. Title VII -- the federal law that prohibits racial discrimination of the U.S. Constitution and the Civil Rights Act of 1964 work in concert to ensure that each resident’s chances in the pursuit of happiness are not damaged by their race. Although it is prohibited I believe that it is still an issue especially within the criminal justice system. I will support my answer with an ample amount of facts regarding racial discrimination within the criminal justice system.
With so many news stories and incidents surrounding the topic of race and the police these days, it is not surprising for people to come to the conclusion that racism may exist within the criminal justice system. We will be taking a deeper look into the problem to find out what other possible determinants may play a role in deciding how an officer makes an arrest or stop and continue to analyze what is happening in those contexts. The issues surrounding the topic of race is like the two faces of the same coin as there are usually two sides that we have to consider: reality and media portrayals. The reality side of situations is always there at the time, but it is so subtly hidden from society that nobody understands it unless they witness it firsthand and with the media spreading filtered information, it becomes even harder for us to identify the key issue; this is especially the case when dealing with the police and racial profiling. If you turn on the news and flip to a channel where it is reporting on the police and their arrests, you will most likely see more arrests pertaining to minorities than other ethnicities. In the news, we can often see a misrepresentation of ethnic minorities, usually African-Americans, being arrested when compared to others and this has caused problems around societies countless times. For this essay topic, I will be discussing the different issues surrounding race within the parameters of criminal justice and inequality; furthermore I will be
First, a good juror would need to be not racist, or sexist, because it would make the system more fair. On page 16 juror 10 states that “You can’t believe a word they say.” When you put a certain person with a group of people, and label it “them or they” you are most likely against them. Also on page 16, juror 9 states against juror 10 stating, “What a terrible thing for a man to believe! Since when is dishonesty a group characteristic?” Defending the accused, and the rest of the jury from his statement. In conclusion, with no racism or sexism in America’s criminal justice system, everything
The first article I am going to focus on, Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System, was written by Donna Coker . Primarily, the article talks about the statistical evidence of in justice regarding racial profiling in policing and imprisonment. Official incarceration data speaks for itself when it shows that although African Americans make up twelve percent of the U.S. population, they make up of almost half of the population incarcerated for crimes (Coker, 2003). Researchers with the Bureau of Justice Statistics estimate that twenty-eight percent of African Americans will be imprisoned at one point in their life (Coker, 2003). A study conducted by the Sentencing Project reports that nearly one in three African American men between the ages of twenty and twenty-nine are under the supervision of the criminal justice system on any given day (Coker
“The system is not fair. Institutional racism is alive and well in the juvenile justice system as it is in the criminal justice system, due to racial disparity and bias in the court room” (Jones, Bridgett). This is a statement that plagues many people involved in the justice systems. There are huge racial disparities throughout the world. Post-Slavery: the early development of the Race/Crime Connection, Profiling: Racializing possible cause, and differential bias involvement as well as institutional racism. We can work on having better policies and procedures driven into police practices and we need to make sure people of color are not excluded from juries to stop most of the disparity.
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.
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 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).
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.
The topic of whether or not there is racism in the legal system is becoming increasingly debatable among certain groups. The obvious evidence that has been glaring in the faces of the public for decades says it all: the criminal justice system is, and always has been, swayed by racism. Despite this, the opposing side of the argument - which mostly consists of privileged whites – diligently argues that racism was outlawed decades ago. There are also African Americans who are unaware of how their race is constantly being oppressed. However, the younger generation is quickly becoming culturally and politically woke and passing on the knowledge. Although racism is not explicitly stated in the law, racists are still hiding behind the supremacy of the country. White policemen have went as far as mindlessly killing young black people and claiming it was done out of self-defense. White judges will find loopholes in the legal process when dealing with an offense committed by an African American. They are targeting African Americans and punishing them more harshly than the white people who commit crimes.
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.
There is a very evident problem with racism in the United States Criminal Justice System. Society chooses to ignore this problem because many do not think they are a part of it. What they do not understand is they are a part of society, therefore a part of the problem. Even if a particular person is not doing anything to cause this problem directly, they are not helping the situation either. Society has to become aware of this issue and stop pretending as though it is something that will go away on its own. Others need to become aware of this issue so they can not only make others aware, but so they can find out the exact source of the problem and how to fix it before it is too late. The United States is supposed to be a free country where people feel safe, yet there are issues still happening today that people like Martin Luther King Jr., Rosa Parks, and others fought and risked their lives to change. Society likes to look back on history and say that things are different and the country has come so far and that everyone is equal. However, today’s news and statistics show that is not the case at all. If we do not take action now, we will be right back where we started. Many races are not treated fairly by citizens of this county and even the United States Criminal Justice System, especially African Americans. Nationwide, African Americans are stopped, searched, arrested, and incarcerated at rates much higher than people of other races.
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.