The criminal justice system is a complex system riddled with injustice and inequality that specifically and systematically attacks black people. Intersectionality, as coined by Kimberlé Crenshaw, is an exceedingly important concept that is vital to take into account when applying it to the criminal justice system. Intersectionality allows us to get to the root of each case and assess in depth what the case is truly driving at. Intersectionality draws a complete picture and letting us truly understand all that comes in to play in each case. Humans, similar to the criminal justice system, are complex beings. Generalizing them in certain groups, not allowing for their individuality to be taken into account is a problem the criminal justice system …show more content…
Crenshaw explains the concept of intersectionality as a description of the way different types of oppression can be experienced by one person all at once. She uses the analogy of traffic at an intersection to explain intersectionality. Consider a situation where there is traffic in a four-way intersection where the traffic is coming from all four directions. Discrimination is each flow of traffic. If an accident happens in that intersection, it could be caused by cars traveling from any one of those directions or from all directions. Crenshaw’s central argument is that Black women in particular are discriminated against in ways that often do not fit neatly within the legal categories they are often put in and because of this legal and institutionalized framework, Black women are often rendered legally “invisible”. Crenshaw describes several discrimination-based lawsuits to illustrate how Black women’s complaints often fall between the cracks precisely because they are discriminated against both as women and as black persons. The ruling in one such case, DeGraffenreid v. General Motors, filed by five Black women in 1976, demonstrates this point …show more content…
All of the Black women hired after 1970 lost their jobs fairly quickly, however, in mass layoffs during the 1973–75 recession. Such a sweeping loss of jobs among Black women led the plaintiffs to argue that seniority-based layoffs, guided by the principle “last hired-first fired,” discriminated against Black women workers at General Motors, extending past discriminatory practices by the company. Yet the court refused to allow the plaintiffs to combine sex-based and race-based discrimination into a single category of discrimination: The plaintiffs allege that they are suing on behalf of black women and that therefore this lawsuit attempts to combine two causes of action into a new special sub-category, namely, a combination of racial and sex-based discrimination…. The plaintiffs are clearly entitled to a remedy if they have been discriminated against. However, they should not be allowed to combine statutory remedies to create a new “super-remedy” which would give them relief beyond what the drafters of the relevant statutes intended. Thus, this lawsuit must be examined to see if it states a cause of action for race discrimination, sex discrimination, or alternatively either, but not a combination of
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
In her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander states that we still use our criminal justice system to “label people of color ‘criminals’ and then engage i...
The theory of intersectionality is one put forth by the feminist theorist known as Kimberlé Crenshaw. Crenshaw developed this theory as a critique to what she called a single-axis framework. A single-axis framework is one that considers an issue, be it feminist or otherwise, as a product of a single aspect. To be clearer, and to provide an example, a single-axis framework would consider the experiences of a woman of colour as either those experienced by an individual of colour, or those experienced by a woman. Crenshaw introduced the concept of intersectionality to explain that some experiences are unique to those who fall under a combination of these categories. In her article, “Demarginalizing the Intersection of Race and Sex”, Crenshaw describes intersectionality as “the combined effects of practices which discriminate on the basis of race and on the basis of sex” (385).
...system that has existed in the United States or anywhere else in the world” (Alexander 234). W.E.B. Dubois argued that “The burden belongs to the nation, and the hands of none of us are clean if we bend not our energies to righting these great wrongs” (Alexander 217). Our nation must address this burden and correct that racial injustices created by our so-called criminal justice system. The criminal justice system cannot continue to hide behind the front of being a colorblind system - racial inequality and injustice must be challenged.
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
Even though racism has always been a problem since the beginning of time, recently in the United States, there has been a rise in discrimination and violence has been directed towards the African American minority primarily from those in the white majority who believe they are more superior, especially in our criminal justice system. There are many different reasons for the ethnic disparities in the criminal justice system between the majority and the minority, but some key reasons are differential involvement, individual racism, and institutional racism to why racial disparities exist in
...se them to geographic targeting, police brutality, disproportionate incarceration and sentencing rates. Get tough on crime ideologies as well as mass incarceration practices encouraged by mainstream American citizens and policy makers alike, result in further oppression and complicate individual’s abilities to achieve social and economic success. In order for the United States to attain a “post-racial status,” biases in society should be eliminated therefore encouraging police bias’ to be removed, additional concern should be had for individuals in low-income, urban areas, and sentencing and arrest practices should be equalized across all races. Many sociological issues have a role in how the criminal justice system operates and until further notice, it remains unequal and supportive of racist policies that keep this country from attaining a “post racial status”.
“African Americans and white Americans do not experience our criminal justice system in the same way beginning with what is often the initial contact with the system.” (Barbour, 391) The initial treatment is when someone is approached by a police officer. Most of the time it during a traffic violation or if the individual meets the criteria of a suspect. In which case the individual is held for questioning or until he is cleared from being guilty. Most of the time when the individual is African American he gets harassed by the law enforcement in comparison to an individual who is a white American who gets treated with respect and the way they should be treated. It is unfair that there is a difference in treatment due to the different races. “Though, as disturbing as some of the forms of ethnic strife may be, perhaps the most unsettling is the differential treatment of ethnic minorities in
The theory of intersectionality posits that black women stand at the intersection of race, gender, and class, which form a matrix of oppression. In other words, black women, along with black men, are systematically oppressed due to their race. Because race and class are inextricably linked, black women experience class discrimination along with black men. However, they are also oppressed because of their gender, and this oppression can come at the hands of both white men and black men in their
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
You might find yourself reading the topic of this paper and automatically shaking your head in disagreement. After all, this is the 20th century and the Jim Crow Laws are a thing of the past. These laws are something that we read about in our History books. Racial segregation and discrimination is all but a thing of the past. Right?.....................Wrong! The facts and statistics (which I will document below) are overwhelming and the crux of the matter is that racial disparities and bias are indeed found within our criminal justice system today even in the year 2014. The truth is that our U.S. criminal justice system is a very racist system.
The way humans look externally and feel internally has been a barrier and the kernel to many of America’s social conflicts. Audre Lorde’s essay, “Eye to Eye: Black Women, Hatred, and Anger,” attempts to answer why Black women feel contempt among one another. It resonates that Black women, in lieu of their hatred for each other, should replace it by bonding together because they share the same experiences of being women and Black. In the essay titled, “Colorblind Intersectionality,” penned by, Devon W. Carbado seeks to expand the definition of “intersectionality,” which is a theory Professor Crenshaw initially introduced as a, “Drawing explicitly on Black feminist criticism,” (Carbado 811). Carbado is able to provide other forms of intersections by
The criminal justice system is united under one basic law body, in which no racism is present. Personal beliefs and anecdotes prove nothing, the criminal justice system isn’t racist. Although it may seem African Americans are highly discriminated upon in the justice system, there is ample amounts of data to prove otherwise. The criminal justice system is united under one basic law body, in which no racism is present. The system is not to blame for the racial differences found in the United States criminal justice system. The racial issues found in the system are due to inner city isolation and common crime patterns involving drugs even if it may seem as if the system is racist.
Ledbetter started working for Goodyear Tire Co. in 1979; she had been working there for about twenty years and there was no job she could not do. In 1998 she received an anonymous tip saying that she was being paid much less than the male worker. She was being paid $44,700 a year while the male workers were getting paid twenty-five percent more (Reah, 2008). Goodyear prohibited its employees from discussing their pay. Ledbetter took the situation to court. The discrimination was violating Title VII which prohibits discrimination in the workforce based on race and sex (NWLC, 2013). After she filed a complaint with the EEOC (Equal Employment Opportunity Commission), her case went to trial, and the jury awarded her backpay and approximately $3.3 million in compensatory and punitive damages for the extreme nature of the pay discrimination to which she had been subjected (NWLC, 2013). Goodyear claimed “Ledbetter had to had filed a pay discrimination claim within 180 days of first discriminatory paycheck even though she did not know about the discrimination” (Reah, 2008); the Supreme Court agreed with Goodyear’s claim and ruled against
It is normal to believe that the United States has, first and foremost, the idea of the essential dignity of individual human beings, the equality of all men, and certain inalienable rights to freedom. What keeps a majority of people skeptical is the oppression and biased conclusions that have been observed in the criminal justice system the last few years. The Sentencing Project, a non-profit organization that is criminal justice oriented, published a report named “Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers” which contains enough statistics to consider the decisions taken by the criminal justice system as suspicious or questionable. “Minorities charged with felonies were more likely to be detained than whites,” the report stated, creating an evident discrepancy between the unbalanced equations of equal justice (para #5). To support this idea, the report mentions, “A black male born in 2001 has a 32% chance of spending time in prison at some point in his life, a Hispanic male has a 17% chance, and a white male has a 6% chance.” The entanglement between the judicial decision and the ethnicity or skin color is becoming not an assumption but a reality. Last but not least, it states that DNA testing indicates that a 63% of African American people are exonerated, meaning that