What Is The Role Of Injustice In The Criminal Justice System

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).

To dig deeper into this overrepresentation of black criminality, we have to look at the loophole in the Thirteenth Amendment, which allowed slavery as a form of punishment in the prison system. The policymakers recognized the opportunities to acquire forced labor through mass incarceration and made use of the perpetuating cycle of racial formation, where representations and the actions of the institution often reinforce each other. The structural institution, or the policymakers in this case, used overrepresentation of black criminality to racialize crime. The overrepresentation of racialized crime then validates the need of criminal laws and their unequal application across racial groups. In the end, the institution created the false representation that justifies its actions which further feed the representation. The vicious cycle introduced racial discrimination into the justice system and guided the process of mass incarceration.

For the past decade justice and injustice have made headlines on social media, news report, and in our community. The current criminal justice system believe criminals should be punish and that the punishment fit the crime innocent until proven guilty in the court of law. Moreover, many people like myself justice means fairness and treating people fairly, without bias or partiality. However, Nowadays as I’ve observed justice seem to only be served to the wealthy, famous, and well liked. It seems like regardless of whether they are wrong they still get away with crimes that others are severing time in prison for.

"…[T]he American people no longer felt that the death penalty was suited to human dignity," they said. Most importantly, however, the attorneys argued that poor people and people of color routinely received the death penalty for capital offenses, at a rate vastly disproportionate to that of whites, particularly affluent whites, accused of similar offenses. This was a clear violation of the 14th Amendment's guarantee of equal protection of the laws,” (Supreme Court Cases: Furman v. Georgia).”

Carina Starks Book Report PSC318 November 22, 2014 The New Jim Crow: A Review The New Jim Crow is a book that discusses how legal practices and the American justice system are harming the African American community as a whole, and it argues that racism, though hidden, is still alive and well in our society because of these practices. In the book, Michelle Alexander, author and legal scholar, argues that legal policies against offenders have kept and continue to keep black men from becoming first class citizens, and she writes that by labeling them as “criminals,” the justice system and society in general is able to act with prejudice against them and subordinate black Americans who were previously incarcerated, on probation, or on parole, by limiting their access to services as a result of their ‘criminal status’ and therefore, further degrading their quality of life. The New Jim Crow urges readers to acknowledge the injustice and racial disparity of our criminal justice system so that this new, more covert form of racism in society can be stopped.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

I am a member of the African-American community. My mother and my father have taught me to embrace my culture and most importantly to embrace the color of my skin because that is apart of me and that is who I am. I have recently realized that embracing myself as

The Reverend Jesse L. Jackson Sr., the former presidential candidate, writes “Legal Lynching The Death Penalty And American’s Future”. Jesse L. Jackson, Sr., wrote this book in the company of his son Jesse L. Jackson, Jr., a United State congressman from Illinois since 1995, and Nation writer Bruce Shapiro a contributing editor at National and a national correspondent for Salon.com, and the professor at Yale University. In this book Jackson’s keep his moderated argument about the death penalty. There are nine chapters in this book, each chapter tackle a different facet of the argument. This book describes the history of the death penalty, myths, lies and deterrence, bureaucratic nightmare involving defense lawyers sleeping at trial, “A Question of Innocent”, “Deathly Numbers: Race and Geography of Execution”, “False Closure: Victims Rights Versus Vengeance Rights”, “Social of Executioners” and “The Death Penalty and American’s Future: Moratorium and Beyond. Authors begin with the proposal of a moratorium and could lead to the eventual cessation of capital punishment.

Racial Disparity and the Criminal Justice System The unfair and unjust of racial disparity within the criminal justice system has been an ongoing topic. This topic is important as it can enlighten people with research that racism and discrimination still exist in America although the law states African Americans are free. This may be able to shape previous research by introducing new information not mentioned before and new studies that support the topic. The topic was based on the film 13th: From Slave to Criminal with One Amendment. Research suggest that although the 13th amendment was established to abolish slavery of African Americans in the United States, there were laws and loopholes implemented that legalized slavery by arresting African Americans and making them criminals. Criminals in America are stripped of rights similar to the rights that African Americans were without as slaves. The criminal justice system has

Prison Systems in The United States is Growing Massively, And It Needs to Change! The United States Prison Systems is at its all-time high. From 1984 to 2012 about 160,000 inmates were sentenced to life (Hamilton 805). In 2011, one million women were incarcerated or controlled by the Justice system, in

Being sent to Death Row is the highest prosecution a criminal could be sentenced to and the process when determining of someone deserves a death sentence is a very bias decision. Since 1977 when capital punishment was restored there has been about 20,600 homicides and only about .7 death sentences for every 100 homicides has been given in the Cook county. The decision to impose a death sentence is not only based on the crime done but also the race of the victim. Attorneys at a state level has a less formal guide when giving death sentences. It is commonly seen how race plays a major role in the justice system. As apart of attorney protocol of determining if the death sentence is given it is seen black males will be given a higher sentence versus a white male even if the crimes where similar. In this article “Disparities on Death Row” published in Grumman points out the unjustness in the justice system. Through ethos, pathos, and logos Cornelia Grumman effectively persuades her audience to spread the issues of capital punishment assignment.

“Government of the people, by the people, for the people, shall not perish from the Earth”. Abraham Lincoln, the 16th president made this declaration during the Gettysburg address. “Of the people, for the people, by the people.” This is one of many principles our once “great” nation, the United States

Fairness and Justice of the Criminal Justice System Has the United States Justice system been good to you and your family? The American Justice system was given to us by our brilliant forefathers. They designed it to provide justice for the innocent and punishment for the guilty (Davidson Para.1). In today’s society that is greatly debated. Many child rapists and murders get off with no punishment and many innocent individuals have been put behind bars. If everyone were to do the job they were given, the system might run smoother. Unfortunately, things like money and fame come into play with convictions. In the national government, the power is separated three ways. There is the legislative, executive, and judicial branch (Davidson Para.1). The Judicial branch interprets the laws and is in charge of running the courts (Davidson Para.1).The Great American Legal system is structured to put criminals like murderers and rapists behind bars where they belong and ensures justice and fairness for society, but there are some faults.

Summary paragraph: In Stephen Bright’s article, “The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting” Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defends his claim with logos and ethos by examining the opinions of judges and district attorneys, and by describing experience within the fields of human rights and law himself in order to persuade the reader to take up more cases for those on death row. Given the language used in this article Bright is writing to an audience with intermediate to professional experience within the field of law, and a willingness to adopt a new idea on the constitutionality behind the death penalty.

The American Justice system has long argued about the morality, or lack of thereof, of the death penalty. The debate of whether to abolish it or not is controversial already, but in Bryan Stevenson’s book Just Mercy, he sheds light on parts of the justice system that people don’t usually see. When considering the racism in the justice system, the innocent people who are incarcerated, and the death penalty’s lack of purpose, Bryan Stevenson was correct when he asserted that the death penalty was unjust and unnecessary.