The Relationship Between African American And The American Penal System

Without a doubt, black men in the United States continue to be excessively “incarcerated, policed, and sentenced to death at significantly higher rates than their white counterparts (Kerby 2).” Portrayals in the media have depicted black men as thugs and common criminals; these negative stereotypes demoralize men of color and allow society to believe and internalize this destructive thinking. The racial disparities that exist in the criminal justice system are an indirect consequence of the portrayals of African American men that circulate in society. Because of racial disparities that occur in the United States it consequently threatens communities of color by “disenfranchising thousands by limiting voting rights and denying equal access to employment, housing, public benefits, and education to millions more (Kerby 2).”

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 trend of African American males between the ages of 25 and 29 has seen a dramatic increase of incarceration. Attention has been focusing on areas of housing, education, and healthcare but the most prominent problem for African American males is the increase in the incarceration rate. African American males between the ages of 25 and 29 incarceration rate has been thought, by many, to be caused by economic factors such as under employment or unemployment, poor housing, lack of education, and lack of healthcare. Yet, others believe it is due to the imbalance of minorities within the criminal justice system, such as judges, lawyers, and lawmakers.

In the article “U.S. Criminal Justice System Needs Urgent Reform,” Chavis argues that the criminal justice system today harms millions of families by the over-criminalization of people in America. Explaining that African American families in peculiar have been subjected and continuously suffer inappropriately because of an unjust system of justice. He argues that the issues of inequalities within the criminal justice system are institutional and structural. Chavis asserts that African Americans are incarcerated at almost six times the rate of whites. He concludes by suggesting that the means and ways to restructure the criminal justice system should be a top priority because so many families and lives are at risk.

African Americans constitute 12% of the U.S. population, 13% of the drug using population and fully 74% of the people sent to prison for drug possession. Studies have shown that minorities are subject to disparate treatment at arrest, bail, charging, plea bargaining, trial, sentencing, and every other stage of the criminal process. These disparities accumulate so that African Americans are represented in prison at seven times their rate in the general population; rates of crime in African American communities is often high, but not high enough to justify the disparity. The resentment destabilizes communities and demeans the entire nation. (Justice, 2004)

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.

The Fourth Annual Report stated that prisons should separate the young from the old, as well as educate the prisoners with religious instruction (Document A). These reforms stem from rehabilitation as opposed to punishments. By teaching the prisoners how to live good lives, they would be able to succeed in society after serving their time. Rejoining society increases democratic ideals by keeping them out of prison in the future, thus increasing voters and bettering future society members. Another part of the prison reforms included the destruction of debtors prisons. Lower class members who could not pay off debts were put into prison, losing the ability to vote for the time being. This produced unequal elections. By removing debtor prisons, a more equal expansion of voting was able to take place. Stemming from prison reforms, progress was also made with the mentally ill. Previously, the mentally ill, which included a range from mentally disabled to depressed, were seen as embarrassments. Led by Dorothea Dix, improvements were made in the treatment of the mentally ill in asylums. Reformers informed the public of the horrible conditions of the asylums, in their fight for better treatment. They wanted the mentally ill to gain a more equal role in

The past quarter century has seen an enormous growth in the American incarceration rate. Importantly, some scholars have suggested that the rate of prison growth has little to do with the theme of crime itself, but it is the end result of particular U.S. policy choices. Clear (2007) posits that "these policy choices have had well-defined implications for the way prison populations have come to replicate a concentrated occurrence among specified subgroups in the United States population in particular young black men from deprived communities" (p. 49).

Any criminal justice system reflects its society and its times. Currently, in my culture, the African American culture, people commit crimes for the number one reason being to feed their families. What is considered a crime? How does the Criminal Justice System work? How is the amount of time determined? Why do African American get more time than the white man? Why are more black men in prison than any other ethnicities? The Criminal Justice System is a social problem within the African American community. The following are the social problems within the CJS, how they became social problems and why is the Criminal Justice Systems (CJS) bias towards African Americans.

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).

As reported by the U.S. Justice Department, there has been significant increase in incarcerated African American males, in comparison to Hispanic and White males. It is believed that social interaction, area of residency, and social networks have major influence on the increasing crime and incarceration rates of African American males. A larger portion of White males hold more positions within the U.S. Judicial system than African American males who make up a larger population of prison inmates and less involvement in legislation. This coincides with data suggesting that African American’s have lower percentages of receiving or obtaining higher education, placing them in areas of low-income and less opportunities. Social inequality in the judicial system is questioned as well as demographics and economics will be researched in order to provide in depth analysis of these national percentages of African Americans. Additional research is conducted to investigate circumstances once an African American male enters the criminal judicial system, and a generational cycle of crime. There is more knowledge and potential opportunities within the prison system versus the lack of resources these prisoners would feel they would have upon their release.

One way African Americans have a disadvantage in the criminal justice system is the arrest rates. Per chapter 4 in the Color of Justice book, it states that “66 percent of African Americans are more likely to be arrested before the age of 30” (Samuel Walker; Cassia Spohn; Miriam Delone, 2012, p. 172). Based on the statistics given, African Americans seem more likely to be targeted for an arrest. The population for the African American community only makes up for 13 percent of the United States, and out of that statistic, most them will be arrested. There should be a justification to the judicial system for this outrageous arrest rate on the African American community. Another way on how African Americans have a disadvantage through the criminal justice system is by the judicial system. Chapter seven in the “Color of Justice” book briefly describes the racial differences on how

Sing Sing Correctional facility was an eye opening experience. Not only did correctional officer Rodriquez give an amazing tour of the facility, but he did it all without loosing his breath walking up and down all those steep stairs with little oxygen just a whole bunch of humidity, due to the fact that in many places we went to had no windows, or they did, but they were closed.

In 2005, racial disparities led to approximately thirty- one million incarcerations of juvenile offenders (Crutchfield, Fernandes, Martinez, 2010 p. 912). Statistics from the criminal justice department show a disturbing trend of adversities between the black and white races in United States institutions. Data from national and individual state show an increase in each stage of the juvenile justice program due to racial disparities. Studies show that confinement rates reflect that the juvenile justice system treats minority youths more punitively than white youths. When African American juveniles

One of the biggest sector infested with the problem of discrimination throughout history is the judicial system. ‘Discrimination seems to flow from both the attitudinal predispositions of the judges and the process they employ to make decisions’ (Gibson). ‘The belief that a high rate of violence among blacks is inevitable and normal is partly grounded in racial stereotypes’ (Hawkins) and, ‘one of the three African American boys born in 2001, can expect to spend time in prison and nearly 40% of all prisoners today are African American’ (Mauer) is alarming. Most of the US court juries have only consisted of white men and ‘across all age categories, black males were incarcerated at higher rates than white or Hispanic males while the custody incarceration rate