The Disparities Among Minority Inmates in the American Prison System

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.

African Americans now constitute nearly 1 million of the total 2.3 million incarcerated; that is 60% of 30% of the African American population. African Americas are incarcerated at nearly six times the rate of whites. “Between 6.6% and 7.5% of all black males ages 25 to 39 were imprisoned in 2011, which were the highest imprisonment rates among the measured sex, race, Hispanic origin, and age groups." (Carson, E. Ann, and Sabol, William J. 2011.) Stated on Americanprogram.org “ The Sentencing Project reports that African Americans are 21 percent more likely to receive mandatory-minimum sentences than white defendants and are 20 percent more likely to be sentenced to prison.” Hispanics and African Americans make up 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population. (Henderson 2000). Slightly 15% of the inmate population is made up of 283,000 Hispanic prisoners.

The United States accounts for 5% of the world population, but our prison population makes up 25% of the world’s (Nagin, 2014). African Americans account for the largest percent of our prison population because they have the highest incarceration rate compared to other races. This essay will argue that African Americans are incarcerated at a higher rate than Caucasians. Proven by statistical data, there are grounds to establish that the racial disparity in incarceration rates is a social problem. To address this social problem, public policy should be implemented by the Federal Government.

Minorities remain overrepresented in crime, offending, victimization, and all stages of the criminal justice process especially confinement. Overrepresentation alludes to a situation in which a greater part of a particular group is present at various stages within the justice system than would be expected based on its part in the general population (Rosich, 2007). Minorities have always had a larger population in the prison system and after the Civil War they were overrepresented in American prison. There are a few reasons as to why races are disproportionately which are denial of jobs, poverty, and it is felt that police have bias and

For my final project I chose to focus on Race and sentencing. The United States is about 5% of the world’s population but when it comes to world prisoners the Unites States is about 25%. In the United States African Americans are incarcerated 5 times more than whites in state prisons throughout the country and also 10 times more than whites in 5 states. In this paper I am going to research and study specific articles and studies that document the rate of incarceration for African Americans and Whites. This is not only a problem state by state sentencing but it is also problem for federal sentencing as well. Not only am I going to look at race and sentencing but I am going to also

Racial disparity in sentencing in the criminal justice system is a problematic issue. Individuals often believe that racial disparity in sentencing does not exist; however, substantial proof in the criminal justice system proves otherwise. According to statistics of Marc Mauer, “unprecedented rise in the populations of prisons over the past three decades is a six fold increase, resulting in the incarceration of nearly two million Americans.” The breakdown of statistics is as follows: “One in every eight African-American male groups between 25-34 year old is a result of incarceration and 32% of African-American males born to society can expect to spend a term in a federal or state prison if the current

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

Racial disparity in the correctional population refers to the difference in the number of minorities versus whites represented inside institutions. “The American Correctional Association acknowledges that racial disparity exists within adult and juvenile detention and correctional systems. This contributes to the perception of unfairness and injustice in the justice system ("ACA Policies and," 2004).” “Blacks comprise 13% of the national population, but 30% of people arrested, 41% of people in jail, and 49% of those in prison. Nationwide, blacks are incarcerated at 8.2 times the rate of whites (Human Rights Watch, 2000).” This difference in proportionality does not necessarily

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.

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).

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:

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

Authors Annelle P. Brimm, Fred Osher and Mariesela B. Gomes (2005) wrote, “In 2000, non-whites represented a minority of the general U.S. population (25%) but a majority of the incarcerated population in prisons (62%) and jails (57%). The racial breakdown of this incarcerated non-white population among Black, Hispanic, White American Indian or Alaskan Native, and Asian American or Pacific Islander was 46%, 16%, 36%, 1%, 1% respectively” (p. 558). One must take into account not only the individuals own ethnic culture, but also the trauma aspect of their culture, or the family history that has been passed down from generation to generation. Combine that with the lifestyle and culture within prison