The Sentencing Policies For Crimes

Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, explained how our treatment of criminals has created a new racial caste system, and the only way to make change is by massive social change and Civil Rights movement. The criminal laws often focus on psychoactive drugs used by the minority populations. Minorities are disproportionately targeted, arrested, and punished for drug offenses. For instance, Black, Latino, Native American, and many Asian were portrayed as violent, traffickers of drugs and a danger to society. Surveillance was focused on communities of color, also immigrants, the unemployed, the undereducated, and the homeless, who continue to be the main targets of law enforcement efforts to fight the war on drugs. Although African Americans comprise only 12.2 percent of the population and 13 percent of drug users, they make up 38 percent of those arrested for drug offenses and 59 percent of those convicted of drug offenses causing critics to call the war on drugs the “New Jim Crow”(drug policy). The drug

In today’s modern world, many people would be surprised to find out that there is still a racial caste system in America. After witnessing the election of a black president, people have started believing that America has entered a post-racial society. This is both a patently false and dangerous mindset. The segregation and stigma of race is still very much alive in our society. Instead of a formalized institution such as slavery or Jim Crow, America has found a new way to continue the marginalization of blacks by using the criminal justice system. In Michelle Alexander’s book “ The New Jim Crow”, she shows how America’s “ War on Drugs “ has become a tool of racial segregation and how the discretionary enforcement of drug laws has

When you think of mass incarceration it is imperative to look at the causes that affect minorities. One major thing that produced an increase in mass incarceration is the war on drugs. The war on drugs has impacted minorities in a major way. The war on drugs pushed policymakers to structure laws that were targeting underprivileged individual mainly minorities group. In addition, “The deinstitutionalisation of people with mental illnesses, and punitive sentencing policies such as three-strike laws (mandating life imprisonment for third offences of even relatively minor felonies) and mandatory minimum sentences for specific offence, even for some first0time offenders undoubtedly helped to both launch mass incarceration and keep it going” (Wilderman, & Wang, 2017, p. 1466). The war on drugs came during a time when crack cocaine became widespread in the black community. The popularity of crack cocaine became prevalent and accessible for many low-income individuals. Therefore, the high rate of crime that was induced by the crack epidemic forced many jobs to leave the communities. However, the structuring of laws put more emphasis on crack cocaine than powder cocaine. Not to mention, crack cocaine is prevalent in minority communities, and powder cocaine is present in the majority community. According to Martensen (2012), “Not only does this deny accessible goods and services to local residents, it likewise decreases the local job opportunities available for community members” (p. 214). Consequently, many African American called on the police to take action against the same people that looked just like them. Crutchfield, & Weeks (2015) states, “Some of the changes during this period of increased incarceration that disadvantaged people of color coming into the justice system were implemented with the help and support of African American political leadership” (p. 109). Therefore, lawmakers had to come up with a solution to address the issue. Law-makers created laws that put emphasis on arresting drug dealers for selling drugs. These small-time drug dealers were becoming a hazard to the community. However, the laws begin to cause harm to all that looked brown or black whether

The United States features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

States have choices in the means by which to promote community well-being, protect public safety and curb the drug trade. Over the last two decades, the choice was imprisonment. Prison is, of course, a legitimate criminal sanction, but it should be used as a last resort – i.e. used only for serious crimes -- and the length of the sentence should be commensurate with the conduct and culpability of the offender. Unfortunately, too many states have opted instead for sentencing policies that mandate long sentences even for nonviolent, low-level drug offenders. In her article, Patrice Gaines, the author of Laughing in the Dark: from Colored girl to woman of a color-A journey from prison to power, argues that it is necessary to provide restorative

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.

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)

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

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).

The criminal justice system accepts responsibility for making our neighborhoods and cities safe for all. The repercussions of removing people from their families and communities and then depositing them back later, without any assistance or substantial rehabilitation, are grave.9 Men and women who have served extensive prison sentences for nonviolent drug offenses are not only left with little or no social support but also clearly marked by the criminal justice system as potentially threatening repeat offenders. Although mass incarceration policies have recently received a great deal of attention (due to incarceration becoming prohibitively costly), failure to address the legacy of racism passed down by our forefathers and its ties to economic oppression will only result in the continued reinvention of Jim

The laws were strategically designed to disproportionately affect or communities. For example, before the passage of the Fair Sentencing Act in 2010, the possession and selling of crack cocaine (used predominantly in black communities) was harsher than possessing and selling powdered cocaine (used predominantly in other communities), even though data proved that both drugs had the same adverse effects on their consumers. It's unfortunate that as a result of certain illegal drugs now having a devastating impact on other communities, many are calling for sympathy and allocation of funds towards treatment, education, and prevention, but our community was faced with a frivolous "war on drugs"

“The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison” (Alexander, 2012). The numbers tell the story better than words can: black people are more likely to go to prison than any other race in the United States, shown by the fact that more than 60% of the prison population is composed of people of color (The Sentencing Project, 2016). These statistics can be traced back to several different cause, including the Era of Jim Crow and the War on Drugs, both of which led to higher policing in minority areas.

In fact, these racial affairs serve as a cultural influence on the mandate of mandatory sentencing. According to the American Civil Liberties Union, “Sentences imposed on Black males in the federal system are nearly 20 percent longer than those imposed on white males convicted of similar crimes.” Society’s unrest about the apparent inequality in sentencing moved among Federal representatives to create absolute mandatory sentencing laws. The culture and cycle of drugs, gangs and incarceration among the Black community caused by the racial imbalances served as a catalyst in the implications of mandatory

Guilty. One word which in many cases can cost someone, his or her life. As the crime was committed there are multiple factors, which the defendant did not take into consideration when committing the crime, such as the victim, the laws and the punishment. When it comes down to it, in many cases sentencing is through, a jury, plea, or the defendant pleading guilty. Throughout the following essay we will be describing a little more about the sentencing process, how judges determine an appropriate sentence and different types of punishments an offender may receive.

Based off of data gathered by the U.S. Department of Justice, if current trends continue, one of every three black males born today will go to prison in his lifetime, as will one of every six Latino males. As for white people, those who have long sentences only have long, ‘harsh’ sentences because the particular crimes they commit are perceived as a ‘black’ crime. (Ted Chiricos, Kelly Welch & Marc Gertz, Racial Typification of Crime and Support for Punitive Measures, 42 Criminology 359, 374 (2004).) “In 2005, African Americans represented 14 percent of current drug users, yet they constituted 33.9 percent of persons