Introduction
Prison classification is an important process in the U.S. correctional system and community corrections. Every state utilizes different types of classification method to classify their inmates. Penal institutions in the U.S. have evolved tremendously in terms of sentencing procedures, decisions and classifications. Studies from Clear et al. (2013) indicate that offenders in the United States, which consists of men, women, and juveniles, were all confined together in the same prison in the early 1800’s (p. 296). Modern correctional facilities do not mix the entire population of men, women, and juvenile offenders in the same jail or prison, but rather, in separate correctional facilities with different levels of security and monitoring. In our current era, correctional facilities for men, women, and juveniles have rehabilitative programs and modern identification systems that have the capability to measure “static risk factors such as criminal history or severity of current crime” (Christensen, 2008, p. 18). This case study will examine Pelican Bay State prison’s racial base classification system, and whether its practices are considered as a violation of an inmate’s civil rights.
Analysis
Tucked in California’s remote northwest coast lies a state penitentiary called Pelican Bay, which is known for its’ notorious isolation unit that houses the most violent criminal offenders in the United States. Pelican Bay operates on a coding system called racial
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.
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 criminal justice system in America is a system designed to work in three distinct steps. The first being to fairly identify those breaking the law, second, create a process through which to both punish and rehabilitate criminals, and lastly integrate them back into society. The current system typically goes unquestioned, as those in the system seem to be deserving of what ever happens while they are in it, even once they have served their prison sentence. It is only upon deeper inspection that we begin to realize the discrimination and unfair tactics used to introduce certain groups of society into the criminal justice system and proceed to trap them there. This is the issue addressed in Alexander’s The New Jim Crow, and it is through arrests, sentencing and further upon release from jail that this oppressive system is created and maintained.
In today’s society, discrimination is an issue that is considered to be a thing of the past. In a country with such diversity it is hard to believe that people living in the “land of the free” face issues of racism. This paper will focus specifically on the social problem of mass incarceration of minority groups and how the criminal justice system targets these groups. Although this social problem can be linked to specifically African Americans, the impacts of mass incarceration can be felt by almost everyone. I have chosen three articles that focus on how the criminal justice system is masking mass imprisonment a major problem in minority communities.
There are many different types of people in prison. This includes race, religion, age, and nonviolent and violent inmates. “People who break the law are not all alike. They are an enormously diverse group of human beings.” says a sheriff at a prison in Illinois. Black individuals are imprisoned nearly six times the amount of white individuals. Latinos are two times the white rate. 13% of the U.S. population is black, 14% of the black populations are drug users, and 37% of the black prison population are in for drug use. (Wilson pg. 1 par. 9) Prison is full of many racists and black and white individuals are put in the same cell. Because of the higher black population in prison, if a fight breaks out between races, the odds are always in the black peoples favor. Also, prisons routinely put violent and nonviolent inmates together. This puts the nonviolent inmate in danger. Lastly, age differences have become an issue. When inmates of different ages, six years or more, are placed in the same cell, a fight is ten times more likely to happen. (Harris pg. 2)
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 New Jim Crow by Michelle Alexander tries to advance intellectual dialogue regarding mass incarceration in the United States. Alexander does this by carrying out a historical analysis of the process in which the correctional system controls African Americans through intentionally selected, and systematically sanctioned legal limits. In fact, the United States incarceration rate is not at peak by coincidence. Moreover, it is not coincidental that Black men and women make up the majority of this number. According to Alexander, this problem is a consequence of the “New Jim Crow” rules, which use racial stratification to eliminate black individuals in the legal sense. Black people and a small number of the Hispanic community face racial stratified laws when they face the justice system. This paper will support the claims that race is a major factor in the incarceration of black men in the United States, which includes the Jim Crow system, the slave system and the drag war. This process will also involve analyzing of some of the arguments presented within the book.
All societal groups are affected by the issue of imprisonment, but it is a far more likely occurrence among marginalized cultural groups, particularly African Americans. As the United States celebrates the nation's triumph over race with the selection of Barack Obama as the first African American male president, a majority of young black males in major American cities are locked behind bars, or categorized felons for life (Alexander, 2010, p. 1). Bonczar and Beck (1997) report that:
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).
Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness goes into great detail on race related issues that were specific to black males, the mass incarceration, and how that lead to the development of institutionalized racism in the United States. She compares the Jim Crow with recent phenomenon of mass incarceration and points out that the mass incarceration is a network of laws, policies, customs and institutions that have been working together to warrant the subordinating status of black males. In this paper I will go into a brief examination of the range of issues that she mentions in her book that are surrounding the mass incarceration of black male populations.
The author starts by acknowledging just how many states have adopted the many strategies of reducing the amount of prisoners housed. The author argues that offender classification has been shown to be the key to successful correctional management. The author reviews five overcrowded prisons where classification procedures were abused and contributed to the harmfulness of overcrowding.
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”
The Mass Incarceration in the United States is a major topic of discussion in our society and has raised many questions about our criminal justice system. There are few topics disputed as much in criminal justice as the relationship between race, ethnicity, and criminal outcomes. Specifically, the large disparities that minorities face regarding incarceration in our country. Minorities such as Hispanics and African Americans are sentenced at far higher rates than their white counterparts. There are multiple factors that influence this such as the judicial system, racial profiling by law enforcement, and historical biases (Kamula, Clark-Coulson, Kamula, 2010). Additionally, the defendants race was found to be highly associated with either a jail or prison sentence; with the “odds increasing 29 percent for black defendants, and 44 percent for Hispanic defendants” (King, Johnson, McGeever, 2010).
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