Fairness In Criminal Justice

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.

Overall, the United States prison system and society’s view of African Americans needs to change. People need to make sure that the mistakes society has made in the past do not repeat themselves. In order to fix many of the existing problems it is important to focus on reforming the prison system. Doing so would prevent many future cases of injustice and racial

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 trend of African American males between the ages of 25 and 29 has seen a dramatic increase of incarceration. Attention has been focusing on areas of housing, education, and healthcare but the most prominent problem for African American males is the increase in the incarceration rate. African American males between the ages of 25 and 29 incarceration rate has been thought, by many, to be caused by economic factors such as under employment or unemployment, poor housing, lack of education, and lack of healthcare. Yet, others believe it is due to the imbalance of minorities within the criminal justice system, such as judges, lawyers, and lawmakers.

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

“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.

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 past quarter century has seen an enormous growth in the American incarceration rate. Importantly, some scholars have suggested that the rate of prison growth has little to do with the theme of crime itself, but it is the end result of particular U.S. policy choices. Clear (2007) posits that "these policy choices have had well-defined implications for the way prison populations have come to replicate a concentrated occurrence among specified subgroups in the United States population in particular young black men from deprived communities" (p. 49).

In this paper I will illustrate racial disparity in sentencing in the criminal justice system. The causes of racial disparity and the reasons it is on the rise, the research statistics, and the proposed solutions are discussed.

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

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).

Racial disparity in the criminal justice system is a product of a number of factors ?crime, offenses such drugs, social and economic disparities, legislative policies, and the use of discretion by the criminal justice system. Social and economic disparities have faces and many are of color.

One way African Americans have a disadvantage in the criminal justice system is the arrest rates. Per chapter 4 in the Color of Justice book, it states that “66 percent of African Americans are more likely to be arrested before the age of 30” (Samuel Walker; Cassia Spohn; Miriam Delone, 2012, p. 172). Based on the statistics given, African Americans seem more likely to be targeted for an arrest. The population for the African American community only makes up for 13 percent of the United States, and out of that statistic, most them will be arrested. There should be a justification to the judicial system for this outrageous arrest rate on the African American community. Another way on how African Americans have a disadvantage through the criminal justice system is by the judicial system. Chapter seven in the “Color of Justice” book briefly describes the racial differences on how

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

When you think of the criminal justice system, you think of justice being served to those who wish to threaten it. The criminal justice system is a very powerful system that protects our society but like society, it is not perfect. The justice system runs off of discrimination against race and gender