Historical Concepts : Social Justice

According to a release from the Bureau of Justice Statistics in the year of 2012 35% of the prison populations were white and 38% were black. (bjs.gov) In the year of 2012 there was only a 3% difference between white and black prisoners, yet according to the US Census Bureau in the year of 2012 in arrests made, white arrests were at seven million, and black was at 3 million. (census.gov) Even with double the arrests made somehow the actual incarceration rate of inmates is still with blacks leading by 3%. As stated above the arrests of white people were nearly double that of black yet the amount of people in prison remains at a 3% difference. Most of it boils down to money, in another census in 2012 the average income of a black male was nineteen thousand, compared to a white male who earned in average thirty thousand. (census.gov) With a higher income they have a better chance of both being able to afford a better lawyer or even paying such fines to avoid jail. People are not afforded the same chances equally in this system. Those with a higher income can afford a better lawyer and a better lawyer who can argue down the punishment. It is a flawed idea to allow criminals to lighten their punishment with money.

There are more than two million people incarcerated in the U.S, whether it is in jails, prisons, or immigration detentions and the race with the highest percentage of imprisoned people are blacks. For many years, black men have always been at top of the list for going to prison during their lifetime. Following black men would be the Latino males, than white males, and so forth. Minorities are usually arrested more than whites. This is because they get off way easier with police officers and the law. Blacks have it the hardest where they get pulled over for any and everything. Most of the time they get killed for doing absolutely nothing wrong. Everyone is supposed to be treated fair, but police officers have their own motto for that. “Once arrested, they are more likely to be convicted; and once convicted, they are more likely to face stiff sentences.” (Knafo, 2014). Police find anything to arrest people for, especially blacks, just to be able

There is a large racial disparity with unjust arrests in America. African Americans are discriminated and racially profiled more than any other race within the criminal justice system (Slate, 2015). The main goals of the criminal justice system are to prevent and control crime and to achieve justice (Crime&Justice International, 1997). However, according to the ‘American Progress’, “people of color, particularly African Americans and Latinos are unfairly targeted by the police and face harsher prison sentences compared to other races, particularly white Americans (American Progress, 2015). Although the criminal justice is to provide equal justice to all of its citizens, African Americans tend to not receive the same justice. Specifically, African

Racial Disparity is denoting or diminishing a human species based on race and physical characteristics. Let’s start off by just stating the obvious, “Roughly 12% of the United States population is black. Yet in 2011, black Americans constituted 30% of persons arrested for a property offense and 38% of persons arrested for a violent offense. Black youths account for 16% of all children in America yet make up 28% of juvenile arrests.” (http://www.sentencingproject.org/publications/shadow-report-to-the-united-nations-human-rights-committee-regarding-racial-disparities-in-the-united-states-criminal-justice-system) I believe the biggest disparity in the United States is incarceration rates. In 2010 according to the prison policy initiative in the United States Whites make up for 64% of the population, Hispanics 16% and blacks 13% of the United States population. When it comes to the percent of United States incarnated population Whites make up for 39%, Hispanics 19% and Blacks 40%. This study shows that Blacks are incarnated more and at a more punishable rate. Not only are black people sentenced more but they are also sentenced harsher. In an article written by Nazgol Ghandnoosh, Ph. D and research analyst says that blacks are sentenced 14 percent longer than whites. There is bias everywhere in the criminal justice system in my opinion not only with prosecutors but with officers of the law in any way, judges, etc. Another racial disparity in the

According to Sentencing Project.org “Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control of the system is greater than the pro-portion of such groups in the general population.” This article says the inequality can vary upon different levels of criminal activity, law enforcement and decision making. “Law enforcement emphasis on particular communities, legislative policies, and/or decision making by criminal justice practitioners who exercise broad discretion in the justice process at one or more stages in the system.” (Sentenceproject.org) The expansion of the criminal justice system reinforces race and class inequalities in the United States thorough mass incarcerations that are constantly increasing, imperceptible to most, and affects multiple generations.

Many people believe that Whites are treated better than minorities. I agree with this opinion, however; I believe that the justice system favors Whites more than African-Americans. Throughout history it shows that the criminal justice system was never in place to serve and protect every human being. When slavery was legal the criminal justice system created laws to enslave human beings. It is not a surprise that the justice system does not work in favor with African-Americans because it has never worked in our favor. The legal system only benefits those of White people.

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.

Statistical accounts show consistent accord in that African Americans are disproportionately arrested over whites. What is much less lucid, however, is the real reason for this disparity.

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).

“In 2010, the U.S. Sentencing Commission reported that African Americans receive 10% longer sentences than whites through the federal system for the same crimes.”(11 Facts About Racial Discrimination, N/A, N/A) In recent years African Americans have been discriminated against and not treated fairly due to the color of their skin.The issue is these people want equal respect, even though their skin color is different. They are getting some, but not all that people with the white skin tone get. I do believe that civil rights are still an issue today. Movements like #blacklivesmatter and others like it prove that there is still discrimination with African americans even though it ended so many years ago. Also through many studies African Americans and Latinos are not favored in basically everything when it comes to getting longer prison sentences as mentioned before.

These huge racial disparities just show the divide in our country and the racial inequality that is going on. Behind all the statistics is a hidden fact, that being that one incarceration has effect on others. Just imagine now a kid is missing their father which also serves as inspiration or role model. It also has an effect on a family's income, it now limits them to a one household source of income which is why urban areas or otherwise known as “ Hood/Projects “ is one of the main contributors of the mass incarceration of African-American. Another effect of mass incarceration is the effect of an African-American’s right to certain citizenship right. These rights being the right to vote and the right to bear arms, which holds a great deal in America when it comes to choosing representatives and protection. As most of these are systematic there is also a problem that lies within the African-American community itself. But overall the justice system is systematically failing and being unfair towards African-American

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

There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1

It there a disparity within the pretrial and sentencing procedures as well? Some studies have indeed found that African Americans are treated more harshly than whites even after legally relevant factors are taken into consideration (Mitchell 2005). Despite many reforms that have taken place throughout the years racial minorities are more specifically, those suspected of crimes against white people remain victims of unequal justice (Walker 2015). An african american male was charged with robbing a chicken place in Texas where there was no physical evidence to connect him to the crime, however he was convicted by an all white jury and sentenced to life in prison (Walker 2015). Another African American man was sentenced to life in prison for an armed robbery and murder of a white man, in which he had an alibi for. The jury convinced him without any finger prints or evidence (Walker 2015). Both

The notable differences between classical and contemporary theories of social justice are the way the issue is explored. Differences also occur in the emphasis placed on different aspects of social justice and how to achieve it. The notable similarities seem to be that there is a need for social justice and that to achieve social justice many changes need to occur. Another similarity is the debate that social justice is not an easily achievable outcome.