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Racial discrimination within the U.S. criminal justice system
Racial discrimination in the justice system timeline
Racial discrimination in the justice system timeline
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The justice system is meant to uphold strong morals and promote fairness and equality for all. However, often times the justice system fails to meet those standards. Examples of this can be seen not only in fiction but in the real world every single day. From the case of Tom Robinson in the fictional 1930s Maycomb county to the courts in Washington D.C. to this day, cases of injustice run rampant. This leaves everyone wondering what the cause of these injustices are, who or what is to blame, and how it can be fixed. The justice system is still flawed in different ways just as it was in the 1930s when Tom Robinson took the stand. There are many unfortunate souls who in modern times still fall into Tom Robinson’s shoes. One example is David …show more content…
An analyst for the Oklahoma City Police Department Crime Lab, known as Joyce Gilchrist, testified that hairs found on the victim’s body matched Bryson’s head and pubic hair samples (David). Semen swabs were collected from the victim’s body and on a bathrobe that the victim received soon after the crime occurred (David). Additionally, Gilchrist testified that the blood type in the sperm cells matched Bryson’s blood types (David). The victim reported that her attacker ejaculated which Gilchrist argued meant Bryson could have been the attacker (David). In addition to Gilchrist’s forensic testimony, the victim testified that he was the man who attacked and viciously raped her as well as the other witness who testified that Bryson was the man hitchhiking (David). These testimonies lead to Bryson being falsely sentenced to 85 years in prison …show more content…
But this is a bit of a fallacy, as the profiling process and statistics counter their case. Jurors are put through intense processes to eliminate any chances of one having a racial bias. For example, O.J. Simpson was ruled innocent partially due to the court concluding that the cop was racist. In the case of Tom Robinson, the court seemed to actually be racially bias. But in real life, that would have less likely to happen. Additionally, Tom Robinson fit the profile. Men are actually far more likely to be convicted for rape than a woman. A study conducted by Sonja Starr, an assistant law professor at the University of Michigan, that on average, men receive sentences that are 63% higher than women (McCormack). Starr says that that the difference between genders is far larger than previously thought because other studies haven’t included plea bargains and other pre-sentencing steps and she cites that a 2009 study that showed the difference in sentencing might be due to the fact that “judges treat women more leniently for practical reasons, such as their greater caretaking responsibility (McCormack). In addition to gender, Tom Robinson fit the profile racially. In 2015, the number of black on white killings increased by nearly 25% with 500 white people being murdered by blacks in and only 226
“Corruption is like a ball of snow, once it’s set a rolling it must increase (Charles Caleb Colton).” Colton describes that once corruption has begun, it is difficult to stop. Corruption has existed in this country, let alone this very planet, since the beginning of time. With corruption involves: money, power, and favoritism. Many people argue today that racism is still a major problem to overcome in today’s legal system. American author (and local Chicago resident) Steve Bogira jumps into the center of the United States justice system and tells the story of what happens in a typical year for the Cook Country Criminal Courthouse, which has been noted as one of the most hectic and busiest felony courthouses in the entire country. After getting permission from one of the courthouse judges’ (Judge Locallo) he was allowed to venture in and get eyewitness accounts of what the American Legal System is and how it operates. Not only did he get access to the courtroom but: Locallo’s chambers, staff, even his own home. In this book we get to read first hand account of how America handles issues like: how money and power play in the court, the favoritism towards certain ethnic groups, and the façade that has to be put on by both the defendants and Cook County Workers,
In 1981 women only made up around 4 percent of inmates in prison. The criminal justice world is very set on race. For example in the book Criminal Justice a brief introduction by Frank Schmalleger, it says that race is so marginalized that even though in the united states population there are only about 13 percent of African Americans, African Americans that are incarcerated account for somewhere around 50 percent. This shows that African American women are more likely to encounter incarceration has opposed to white women. This is also why women’s prisons are study less than men’s prisons. Because there are less violent crimes committed in a women’s prison and there are significantly less women inmates than men. .However, this could soon change in the years coming if the crime rate in women keeps rising like it
There have been different outcomes for different racial and gender groups in sentencing and convicting criminals in the United States criminal justice system. Experts have debated the relative importance of different factors that have led to many of these inequalities. Minority defendants are charged with ...
“A report by the United States General Accounting Office in 1990 concluded that 82 percent of the empirically valid studies on the subject show that the race of the victim has an impact on capital charging decisions or sentencing verdicts or both” (86).
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
A study of race and jury trials in Florida published last year in the Quarterly Journal of Economics, found that “conviction rates for black and white defendants are similar when there is at least some representation of blacks in the jury pool.” But all-white juries are a very different story—they convict blacks 16% more often than they convict whites (2).
Racial Disparities in the Criminal Justice System “We simply cannot say we live in a country that offers equal justice to all Americans when racial disparities plague the system by which our society imposes the ultimate punishment,” stated Senator Russ Feingold. 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 Institutional racism is racism that is shown through government organizations and political institutions. In a report done by David Baldus in 1998, he discovered that when it comes to the death penalty, blacks are more likely sentenced to death than whites, and those who kill whites are more likely to be given the death penalty than the killing of blacks (Touré).
The criminal justice system is defined as the system of law that is used for apprehending, prosecuting, defending, and even sentencing people who are guilty of criminal offenses. In many cases, race, class, gender, and even sexuality can impact due process and fairness within the criminal justice system. Sometimes if people don’t think they have a choice to receive justice, they may want to take law into their own hands. Whereas Others will try to get a lawyer so they can take it to court and follow the judicial systems laws to try convict the criminal. In certain situations as a defendant, your race, class, and gender can make a negative impact on the criminal justice response to the crimes. In the movies “Thelma and Louise,” “The Accused,”
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
Welch, Kelly. 2007. “Black Criminal Stereotypes and Racial Profiling.” Journal of Contemporary Justice 23(3): 276-288 also talks about the discrimination within the courtroom, in the court it has been shown that the prosecutors when fighting a case against the defendant who’s client is Black use their race as an argument to win the case. They try to show how Black people are prone to be violent due to racial factors and therefore should be sentenced harshly. Given the history, unfortunately this argument sets in well and therefore leads to sentencing and prison time for the Black
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
When a person of color is being sentenced the unjustness of sentencing is blatantly shown such as in the article Race Sentencing and Testimony which stated, “ These scholars conclude that black male arrestees “face significantly more severe charges conditional on arrest offense and other observed characteristics” and attribute this primarily to prosecution charging decisions” (Mauer 4). This piece of writing explains that for no other reason than race do these people get convicted far more significantly than others who have the same charge but are white, which continues as far as giving a person of color the max sentence that they can have on a certain charge just for the color of their skin. The justice system has turned into the opposite of what it claims to be and continues to grow as a racist overseer, bashing down on those that they believe should be punished as harshly as possible simply for the color of their skin. The system has gone as deep as to making it so that even if a person has not committed a crime, but are being charged for it they can agree to a plea bargain, which makes it so even though the person did not do it the system is going to have them convicted of it anyway (Quigley 1). “As one young man told me ‘who wouldn’t rather do three years for a crime they didn’t commit than risk twenty-five years
Before the jury stands the defendant. There is overwhelming evidence in the favor of the prosecution. The verdict comes back from the jury, not guilty. Why? The defendant is a woman. In our era of equal rights and civil liberties women have made great strides in their advancement and role in society, yet it seems that gender segregates when it comes to crime. There have been countless cases where women and men have been tried for the same crime, yet when it comes to verdict and sentencing, the results don’t necessarily match. If one commits a crime one should be punished accordingly regardless of gender. In our society we seem to have two separate rules for our criminals, one for men and one for women. The key issue is are men and women treated equally by the criminal justice system. Another issue in gender biased sentencing is in its is its severity. Are women sentenced heavier for certain crimes then men.
Judge W. James O’Neill is a primary example of a just man in the 21st century. Though he was not the perfect man, O’Neill spent his days trying to make the world a better place for individuals from all walks of life, “He had friends...of all shapes and sizes… rich, poor, black, white, democrat, republican, lawyer, defendant, you name it” (Michael O’Neill). He continuously acted out of the goodness of his heart without seeking personal glory. Because of his just actions during life, his legacy of justice and kindness will continue to live on long after his
...Available By: Acker, James. Contemporary Justice Review, Sep2008, Vol. 11 Issue 3, p287-289, 3p; DOI: 10.1080/10282580802295625