Institutionalized Racism, Group Thinking and Jury Bias

Can racial bias have an effect on the verdict of being guilty or innocent? The American judicial courtroom has been comprised of the nation’s many greatest racial discriminatory cases over the past century, but the most racially upstanding case, when referring to Harper Lee’s To Kill a Mockingbird includes The Scottsboro Trials. Both stories uprise in the 1930s, displaying a white supremacist mindset, which two cases fall into the conviction of rape. The Scottsboro case started on a train to northern Alabama to southern Tennessee, when nine African American boys, ranging in ages from 13-19, allegedly raped two “innocent” Caucasian women, Victoria Price and Ruby Bates. Racial discrimination uprises in American judicial system when shown in To Kill a Mockingbird and The Scottsboro Trials through the racial prejudice within the jury in the courtroom, easy accessibility to target African Americans, biased accusations, as well as the social pressure to serve in one’s defense.

“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.

To understand how deeply embedded prejudice is in our criminal justice system we must acknowledge that it is influenced by our society which

The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many

Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then

In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

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.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

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 the article “Race, wrongful conviction and exoneration” by Earl smith and Angela J. Hattery, these sociologist discuss the issues of racial discrimination and the amount of wrongful convictions within the American justice system. They also discuss the issues on the lack of exonerations based on race in our prison systems. As stated in the article “Approximately 75% [of citizens] in jail are members of minority groups and on average have spent 13 years in prison for crimes they did not commit.” (Smith) This heart breaking statistic shows the true facts that there is an increasing issue in the amount of people in jail for crimes they did not commit due to their race. The main focus of the article is to raise awareness about the issues within our countries justice system and to understand the reasons for these inequalities on a deeper level.

When individuals think of the criminal justice system, the first images that come to their minds are a judge, jury full of people, the prosecution, and the defense. These images are what make up the courtroom environment, however, no one realizes how skin color affects what happens in the courtroom. Although race should not be a factor in determining said person’s sentencing, it is and sadly results in wrongful convictions as well as riots and protests as of recently. In the Independent.co.uk article and the Corrections.com article both entitled “Is the Criminal Justice System Fair,” deliberate on the capability of the criminal justice system and question why individuals might view the system as unfair. In the article “What Happened in Ferguson,” produced by The New York Times, explains the events that took place from the death of Michael Brown to the trial of Darren Wilson, the police officer who killed him, to the aftermath after the trial. Although the criminal justice system has a negative connotation associated with its name, the fact-based website, Snopes.com, determines whether the negative reputation against the criminal justice system is true or something that has been exploited by the media.

First, these studies show that they are procedures made and practiced by those who are working for the legal system more than the criminal justice system that preceded them. For example, they helped break down some misconstrued ideas and flaws, such as not controlling one particular independent variable to control the situation or the person 's criminal history.. Second, contemporary studies deny any racial disadvantages or bias against minorities. Instead of this perspective, current research attempts to ask: “If racial bias exist for minorities under law enforcement and in any criminal sentencing process, when has it been clear?”

The author of this article is Cornelia Grumman won the Pulitzer Prize in 2003 and found the organization the First Five Years Fund where she advocated for stronger federal policies. The audience she could be targeting would be the government to create stricter guidelines when imposing capital punishment. The purpose of this article is to give awareness of how race can create bias factors in the justice system. It has been commonly seen

Having a diverse bench is critical to having a successful criminal justice system. The United States court system follows a presumption of innocence, meaning those who enter a courtroom are presumed innocent until proven guilty. This presumption of innocence is not always found in the courtroom. Every courtroom actor, whether consciously or unconsciously, has a bias towards the defendant and may even presume guilt before the case begins. This is especially true when there is a white judge acting on cases involving a defendant who is a part of the minority. Judges who represent the minority are not only unbiased towards defendants of their own race, but they also bring new perspectives to the bench (Haire & Moyer, 2015). They present ideas, understandings, and