The Relationship Between Race And Racism In The Criminal Justice System

Less is known about the extent of discrimination at the arrest stage, in part because underlying rates of criminal activity by race cannot be easily assessed. Some evidence comes from comparing the race distribution of offenders derived from victims’ surveys with the racial composition of individuals arrested for the same crime. Two studies have found that these distributions are roughly comparable for many violent crimes.

Although saying the criminal justice system is racist is a controversial statement, there is evidence and statistics that prove it to be true. Research and evidence validate the issue of racism to be undeniable. Equality and justice are out of reach with the racism that takes place in our criminal justice system and our country. Racial discrimination is prevalent amongst the African American culture in issues regarding drug use, and incarceration which creates unfair inequality for this race. I will use peer reviewed articles to verify the racial disparity in the criminal justice system.

“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 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.

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.

Racism in police treatment of minorities has created great disparities in incarceration amongst the races. Blatant cases of racist law enforcement that are covered in the news are a testament to the fact that racism within police departments exists from coast to coast. However, these are only the cases that people find out about; there are countless other cases of police racism and brutality that are not reported.

Race and ethnicity play a role in every aspect of the criminal justice system, especially when comparing victimization rates. In class, we were placed into groups to discuss race and ethnicity. Most of the class said ethnicity is your cultural background whereas race is your physical appearance. Although the class had similar answers, no one group had exactly the same answer (CCJ345W). According to Barak in his chapter “Understanding Race”, race is socially defined by traits such as “physical characteristics, national origin, language, culture, and religion”(Barak, 2011:46).

Is the Criminal Justice system racist? This question has been asked many times by people of many colors. According to Mac Donald (2008), the criminal justice system is not at all racist. The article depicts arrest rates of both whites and blacks and compares statistics on these arrests. It looks at the number of whites and the number of blacks in jails and prisons. In this critique, we will be looking into this article to see these points in which Mac Donald states proves that the criminal justice system is, in fact, not a racist one.

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.

There is a very evident problem with racism in the United States Criminal Justice System. Society chooses to ignore this problem because many do not think they are a part of it. What they do not understand is they are a part of society, therefore a part of the problem. Even if a particular person is not doing anything to cause this problem directly, they are not helping the situation either. Society has to become aware of this issue and stop pretending as though it is something that will go away on its own. Others need to become aware of this issue so they can not only make others aware, but so they can find out the exact source of the problem and how to fix it before it is too late. The United States is supposed to be a free country where people feel safe, yet there are issues still happening today that people like Martin Luther King Jr., Rosa Parks, and others fought and risked their lives to change. Society likes to look back on history and say that things are different and the country has come so far and that everyone is equal. However, today’s news and statistics show that is not the case at all. If we do not take action now, we will be right back where we started. Many races are not treated fairly by citizens of this county and even the United States Criminal Justice System, especially African Americans. Nationwide, African Americans are stopped, searched, arrested, and incarcerated at rates much higher than people of other races.

The record of the sentencing given for the indictable offences also shows that the discrimination is done against the susceptible groups of the population. According to that figures of the year 2010, highest average custodial sentencing was decided for the ethnic groups (Skolnick 2011). On the other hand, the white criminals are not given the harsh sentencing and are treated leniently. These statistics show that the criminal justice procedure in England and Wales needs an overhauling as far as the prejudice and racial discrimination is concerned. The prevalence of current trend of inequality would erode the trust of the citizens on the criminal justice in the country.

Racism is discrimination directed towards someone of a different race, believing that one’s own race is superior. Most individuals would not consider themselves racist, however research supports that racism has been present throughout our nation since slavery was first introduced. Despite new learning and understanding, racism continues to be present in many forms today. People often think racism was only an issue at the time of slavery; however slavery was the start of racism, and since then, racism continues to be embedded into our nation’s core.

Society created characteristics that describe a category an individual falls under. This idea of social construction is racism, superiors (landowners, free, wealthy men) began building this societal term by causing controversies and categorizing specific groups of people. Racism exists because powerful leaders excluded certain groups because of differences they found to be inherited. According to Quinn Norton, racism comes in the late 1600s in America when Europeans arrived on the east coast of North America and began to import the Irish and African Americans; in Virginia “the whites” came into existing receiving certain rights and taking away rights from blacks (Norton 2014, 1-2). Race is not an element of human biology, it is not inherited, it’s socially constructed without biological basis, since it’s been established by the society for so many decades it’s been difficult for anthropologists to battle this phenomenon. Racism has been reproduced, although blacks fought to outlaw segregation and racial discrimination resulting in the Civil Rights Act of 1964, today, a new strategy to discriminate the rights of blacks was built and, it abides in the United States’ Criminal Justice System.