American society is a great nation made up of rich racial diversity, a situation that brings sensitivity on the way different races are treated, especially in the justice system. Statistics on the field of criminal justice shows unequal racial proportions of people arrested and charged in courts of law. The statistics trigger unfounded theories that some races, especially the African American race, are mistreated may be due to their skin color. The assumptions regarding unfairness in the justice system on lines of racial alignment may or may not be true, hence the need for more scrutiny. According to Justice On trial (n.d), in regard to the allegations on justice system, it is imperative that the stake holders in the justice system consider …show more content…
Joan Petersilia (2000), in her report “Racial Disparities in the Criminal Justice System” to the US department of Justice shows the statistics on black arrests and incarcerations in USA. According to Joan, of the 12 percent of black population in US, almost 50 percent of the African Americans in major cities face an arrest for index offense in their lifetime as compared to only 14 percent of whites. Over 18 percent of black people in US serve a jail term as compared to a low number of whites, about 3 percent. A computerized information system known as Offender Based Transaction Statistics (OBTS) that analyses information of criminal processing from arrest to the sentencing stage shows a summary of male incarcerations in three states, Michigan, Texas and California. The data reveals that out of the crime committed through violence, 44 percent proportion of blacks are arrested out of which 53 percent of blacks are imprisoned. In the property crime, out of 29 percent proportion of blacks arrested, over 41 percent of blacks are imprisoned. Considering all the felonies, the proportion of African Americans arrested forms about 32 percent where the number imprisoned for the felonies is 48 percent (Joan, …show more content…
The prosecutors have a big role to play in giving justice to the defendants in the court of law. The prosecutor should ensure that a defendant gets enough time allocation for plea bargaining. Brownlie (2001) has outlined various programs given by different conventions on human rights. According to Brownlie, both the witnesses and the defendants have the right to present their ideas without any form of discrimination, degradation or torture (pp 109). However, unfair witness treatment in the process of criminal justice proceedings making the minority groups (Blacks) to lose confidence with the system. When the African Americans lose confidence with the justice system, they tend to protest against it more and usually commit more crime. The interview conducted by Gates (2004) with African American in USA shows that if racial equality is enhanced in all sectors, the issues of racial alignment can cease in the
Racial injustice has always existed in the American criminal justice system (S. Steiker and M. Steiker, 243). This can be seen in recent years where constitutional campaigns on the abolishment of capital punishment were led by the National Association for the Advancement of Colored People’s (NAACP) Legal Defense and Education Fund (S. Steiker and M.Steiker, 244). This is an organization that fights for equality of rights and to “eliminate race-based discrimination” (Our Mission). It demonstrates that there is an inequality in the treatment of races concerning the death penalty. In addition, according to the authors, they never found a
The following piece of work will discuss racism within the criminal justice system by viewing the Black Lives Matter movement, the roles of law enforcement and how that effects citizens, and potential solutions to the problems in the system. Within our criminal justice system, it is evident that there is a problem by the ratio of blacks in prison, and the number of police brutality cases in the country.
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
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.
“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.
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).
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).
Recent sociological studies have focused on pressing social issues such as urban crime and mass incarceration, and examining the invisible link between urban crime, poverty and race. Research indicates that mass incarceration has always worked to the detriment of African Americans, especially the low-income earners (Western, 2006). The aftermath of this trend is that the employment prospects of former felons are significantly diminished (Pager, 2007). Felon disfranchisement in turn distorts the local and national politics of the county (Uggen, 2006). This paper focuses on addressing the contemporary trends and ramifications of mass incarceration of African Americans, and elucidating on the criminal justice policy and the factors contributing to the intangible but real racial divide.
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.
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
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.
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
The diversity issue focused on in this paper will be racial disparity in sentencing. This paper will also focus on some of the reasons why racial disparity exists within sentencing. One of the research methods used in this paper will be case studies. In society today there are a diversity of citizens, of offenders, and leaders within in the court system. However, race still plays a big role in the Criminal Justice system especially during the sentencing portion. Although racial dynamics may have changed over time, race still exerts an undeniable presence in sentencing process. This ranges from disparate traffic stops due to racial profiling to imposition of the death penalty based on the race of
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,