Misrepresentation Of Black People In The US

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

Whites are less likely to encounter with the police compared to African Americans. African Americans are twice likely to be arrested and almost four times likely to experience the use of force during police encounters (Costly, 2011). As stated earlier, other sociological factors need to be eliminated to attribute the high number of Black arrests to race. Poverty is known to be a predisposing factor for criminal acts according to the strain theory of

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 order to understand the nature of the statistical disparity, the first aspect that must be examined is necessarily the statistics themselves. Recent data (1998) shows that more than two out of every three arrested persons are white (67.6%) and that African Americans account for only 30% of all arrests. More striking is the data adjusted per capita: African Americans are two and a half times as likely to be arrested as whites, and are even more over-represented in violent crimes, for which they are over three times as likely to be arrested. African Americans are five times as likely to be arrested in cases of robbery or murder (Walker et al., 39).

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).

Policing and punishment in America is hardly colorblind. It is not a coincidence that minorities serve longer sentences, have higher arrest and conviction rates, face higher bail amounts, and are more often the victims of police use of deadly force than white citizens. When it comes to criminals, many people have a preconception of what a criminal is. Usually when people think of a criminal they picture a Black or Latino face. The thought of an Asian criminal is often related to Asian gangs. Interestingly enough, White people as a group are rarely associated with the thought of crime, even though they account for 70% of arrests and 40% of the prison population each year (Russel xiv). This seems to be

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).

Mac Donald (2008) looks at the idea that cops over arrest blacks and ignore the crimes that whites commit. However, the races of criminals that are reported by the victims do in fact match arrest data. According to a research study as far back as 1978, “a study of robbery and aggravated assault in eight cities found parity between the race of assailants in victim identifications and in arrests--a finding replicated many times since, across a range of crimes” (Mac Donald, 2008, p. 15). It does not make sense to think why crime victims would be biased in the reports they give to the police.

Research shows that African Americans and Latinos have been the victims of racial profiling by the criminal justice system. African Americans and Latinos are at a higher risk of being arrested, prosecuted and sentenced that Whites. The main cause of racial disparities occurs because law enforcement agencies believe that African Americans and Latinos are at high risk of engaging in crime and violence. During prosecutions and court hearings, the jury and judges give harsher sentences to minority groups. As a result, minorities view the criminal justice system as unjust since it favors whites. This research paper reviews relevant literature to show white privileges and racial disparities in the criminal justice system. Additionally, the paper provides linkages between racial disparities in the United States criminal justice system and the law. In this regard, the main objective of the research paper is to give detailed insights on racial discriminations in the criminal justice system.

Incarceration rates are a definite proof that racial discrimination occurs. “Incarceration rates in the United States have risen sharply since 1980”, stated Filip Spagnoli, “the racial distribution of inmates in the U.S. is highly negative for black Americans. Whereas they only make up 12% of the total U.S. population, they represent more than 40% of inmates”

While looking at the massive number of people incarcerated in the United States, it is easy to see that a major disparity presents itself when looking at the races of those incarcerated. The numbers are astonishing: “Though African Americans and Hispanics make up approximately 32 percent of the US population, they comprised 56 percent of all incarcerated people in 2015” (“Criminal Justice Fact Sheet”, n.d.). These questions arise: Is our criminal justice system discriminatory? Or, do minorities actually engage in more crime than whites? The statistics are clear:

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.

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

Evidence of the disproportionate percentage of minorities incarcerated is readily available. According to Katheryn Russell, author of Color of Crime, blacks make up 12% of the overall U.S. population. Yet they represent 30% of arrests and 50% of those incarcerated (28-29). The most amazing statistic comes from Marvin Free, Jr. whose research found that African Americans living in cities with a population of 250,000 or more have a 51% chance of being arrested (African Americans..., 8). Russell listed many of the ridiculous reasons minorities have been pulled over by police officers: 1) Driving a luxury car, 2) driving with a white woman, 3) driving in a white neighborhood, 4) driving late at night and several others. The reasoning behind many traffic stops of blacks were so ludicrous that Russell believed a new charge should be established: DWB or "Driving While Black" (Color...,33).