Why Is Discrimination Within The United States Criminal Justice System

The criminal justice system is a set of organizations and procedures set up by governments to control wrongdoing and force punishments on the individuals who disregard the laws. The main frameworks are state and federal. The state criminal justice systems handle wrongdoings perpetrated inside their state limits and government, the federal criminal system handles violations carried out on federal property or in more than one state. This system is supposed to be equal yet the nature of offenses, differential policing policies and practices, sentencing laws and biases are possible contributors to disparities in the system. The severity of the offense, prior record, age and education level are also taking into account when a decision is being made. Our prison system today varies immensely with ascending numbers of minority groups jailed within the system. Racial and ethnic imbalances continue in the United States and no disparity is more evident than that found in the criminal justice system. Disparity usually refers to a difference that is unfair, disparity in the criminal justice system stems from racial disparity which concludes that the proportion of a racial ethnic group within the control of the system is greater than the population of that group outside that control.

Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are

The first article I am going to focus on, Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System, was written by Donna Coker . Primarily, the article talks about the statistical evidence of in justice regarding racial profiling in policing and imprisonment. Official incarceration data speaks for itself when it shows that although African Americans make up twelve percent of the U.S. population, they make up of almost half of the population incarcerated for crimes (Coker, 2003). Researchers with the Bureau of Justice Statistics estimate that twenty-eight percent of African Americans will be imprisoned at one point in their life (Coker, 2003). A study conducted by the Sentencing Project reports that nearly one in three African American men between the ages of twenty and twenty-nine are under the supervision of the criminal justice system on any given day (Coker

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 modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

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.

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).

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).

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.

Discrimination is a known concept that happens everywhere, yet police and prosecutors are blind to it. Their ways of preventing crime are discriminatory in every sense of the word and they categorize people based on their skin color and where they reside. The disproportionate minority contact with the stop and frisk method is one of the ways that discrimination can be seen. “Code of the Street” and “Law and Disorder in Philadelphia” help dissect why discrimination is not seen by police and their agencies and also how police officers and their administration go about ways of preventing crime. The pressure within the police, community, and courts create inequalities for the individuals going through the Criminal Justice System.

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”

The criminal-justice system and racism is one of the most controversial topics today. Very few times in history has had Americans split in two with their opinions. These events have caused dissension towards police officers, African Americans, and the media itself. In 2006, blacks made were under 13% of America’s population, yet made up 37.5% of all federal and state prisoners. (Mac Donald) This statistic shows just how much African Americans are involved in law enforcement, while being such a minority group. Racism has been a problem in America for a long time. Even though all race are equal, many African Americans use racism as the go-to explanation of bad outcomes for them. This topic was chosen because of all the commotion it stirs and of all the lies that sometimes can come with it.

The previous literature has indicated that there are biases within the Criminal Justice system by examining the correlation between an individual’s physical and social attributes to the treatment received through the contact with the system (as cited in Poole & Regoli, 1980). The usage of selective enforcement on inmates is based on the reinforcement of racial stereotypes that the officer upholds. Some inmates who violate the rules do not get categorized as deviant, whereas minorities who have not committed any rule-breaking are deemed deviant (as cited in Poole & Regoli, 1980). Black inmates are viewed as hostile and a threat to the white society, therefore they are placed under heavy surveillance for any slip-ups in their actions.