What Is The Discriminatory In The Criminal Justice System

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

A rising controversy surrounding our justice system is whether or not racial disparity exists when sentencing. Early studies concluded that racial disparity in sentencing was a result of discrimination (Spohn, Gruhl & Welch, 1981). For decades, these disparities in sentencing have led to considerable empirical research, and helped to shape major policy changes (Starr & Rehali, 2013). In this paper, existing research focused on whether there are sentencing disparities between Caucasians and minorities will be presented. This paper will also examine whether there is evidence of a biased justice system or are minorities simply just more involved in crime.

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.

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.

Stephanos Bibas explained the high incarceration rates in his article, “The Truth About Mass Incarceration,” by stating that, “Over the past few decades, prosecutors have grown tougher, and more consistent.” He also explains that over half of arrests today lead to felony convictions versus twenty years ago when one-third of arrests lead to felony charges (Bibas). Bibas concludes that the increasing incarceration rates cannot be tied to racism among the judicial system, but can be explained by increase in convictions and arrests for crimes considered felonies. Even though Bibas presents fair points, race is also a factor in arrests, between June 2005 and June 2008, African Americans consisted of 85% of all stop-and-frisks by the NYPD, while only 8% of stop-and-frisks were performed on white people (Graff 129). “...The criminalization process works so well precisely because of the hidden logic of racism,” Angela Davis writes to describe how hidden racism leads to the widespread belief that African Americans are more likely to be criminals than white people (268). This societal expectation that all African Americans are criminals has lead to more stop-and-frisks and more arrests of people of

When it comes to arrest and incarceration, black men are overrepresented in comparison to Hispanics and whites. Over forty years ago the Civil Rights Act was implemented and racism still continues today due in part to a form of cultural imagery. This structured inequality is evident in the politics of government and all levels of the criminal justice system. The very system that is to be fair has been found to be racially disparate in the treatment of blacks. The causes and existence of this state has been researched for over the last twenty years as to it why does it exist, what are the consequences and how to correct it.

While both sides of this deeply entrenched controversy substantiate meaningful claims, neither of their arguments is exhaustive, although Walker, Spohn, and DeLone’s case is much more convincing. African American arrest statistics are best understood as the convergence of both a somewhat higher incidence of crime as well as racial discrimination in the criminal justice system. Although higher incidence of crime may initially appear to justify higher arrest rates, there is significant evidence demonstrating that not only is African American crime exaggerated by a racially discriminatory criminal justice system (one of the products of which is disparate arrest rates), the greater crime rates in and of themselves are a result of economic inequality.

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).

The mandatory imprisonment policies written for the judicial system are creating disparity of minority inmate population primarily due to non-violent drug crimes and the unjust mandatory minimum sentencing laws.

“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.

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”

Racism has a huge impact on society to this day. The greatest wrong doing in the U.S criminal justice system is that it is a race based organization where African Americans are specifically focused on and rebuffed in a considerably more forceful route than white individuals. Saying the Us criminal justice system is racist might be politically disputable in different ways. In any case, the actualities are debatable. Underneath I explain many cases of these issues. Information on race is available for each step of the criminal justice system – from the use of drugs, police stops, arrests, getting off on bail, legal representation, jury selection, trial, sentencing, prison, parole, and freedom.

Criminal Justice system in America is racially unequal. Back people are more likely get involved into encounter with law enforcement. For example, more than one third of people in federal and state prisons are black, which is about three times of their total population (Simms, 2018, para-1-The Criminal Justice System). The following table 2006 to 2016 shows the number of Black prisoner per 100,000 U.S. residents age 18 or older is very higher than the Hispanic and White

Racial discrimination is a social injustice we face in society. In the United States, racial discrimination against minorities in the criminal justice system triggers a range of societal issues that influence African Americans, particularly males. African Americans have been affected in this area in two significant regards. First, African Americans are more likely to be victimized by crime than are other groups. This creates a set of individual and community problems which impede upon other areas of productive activity. Second, the dramatic rates at which African American males have come under some form of criminal justice supervision has created a complex set of consequences which affect not only individual victims and offenders, but families and communities as well. These conditions now disproportionately affect African American males and other minorities due to their overwhelming numbers within the criminal justice system. Did you know that 49% of prison inmates nationally are African American, compared to their 13% share of the overall population in the United States.