Criminal Justice: Racial Disparity and Discrimination and O.J. Simpson Essay

Criminal Justice: Racial Disparity and Discrimination and O.J. Simpson Essay

Length: 763 words (2.2 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Criminal law is based on the principle of actus non facit reum nisi mens sit rea. The principle is to the extent that a man is not guilty of his acts, actus in the absence of a guilty conscience, mens rea (Gardner, 2009). To this end, criminal law justice provides that the person alleging the commission of a crime must proof beyond reasonable doubt that the accused person(s) possessed mens rea, if the court is to hold a criminal liability against the accused. In the case of People of the State of California v. Orenthal James Simpson (1995) or what has come to be famously known as the O.J. Simpson Trial is a classical illustration of how highly the U.S. criminal justice regards the beyond reasonable doubt principle.
The United States of America is by all rights a multi-racial, multi-ethnic society comprising mainly of Whites, African-Americans, Hispanics, Asian and Native Americans. This multi-racial society has seen with it the development and manifestation of racial disparity since its inception. Such notions are commonly based on beliefs that some races are more superior to others. Such notions have found root to the core of the American society, and to this end to the justice system which is by all means a social element. Under criminal law, this may be reflected in regards to legal factors as well as extralegal factors. Whereas the legal influences may contain aspects like the seriousness of the crime as well as the criminal records, extralegal notions are based on factors like gender, race, and class amongst others. These thus fail the test of criminal behavior as they are based mainly on the group membership an individual belongs to.
Such disparity is experienced due to the existence of a proportion of a specific racial an...

... middle of paper ...

...amely, institutionalized, systematic, contextual, and lastly individual acts.
The two are however in comparison based on the fact they both concentrate on the sentencing of individuals for crimes in courts as well as arrests. To this end, they are both deemed to be responsible in the decision making that will lead to one being deemed either guilty or not in a court of law.
To this end, there is dire need to reform the justice system to curb the preference of discrimination as well as disparity (Mathis, 2007). The two would lead to great injustices as the victims of both would end up meeting justice in an unfair manner.

Gardner, Anderson. (2009). Criminal Law, 10th Edition. Wadsworth.
Mathis, G. (2007). Justice System is Criminal and it’s Time for a Change. Tri-State Defender. Mephis, Tenn.
Mauer, M. (2006). Race to Incarcerate. The New Press.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Minorities and Justice Essays

- Minorities and Justice Television shows such as Dateline, 60 Minutes and 20/20 have often aired segments on discrimination within the justice system through hidden cameras recording police behavior towards minorities, interviews with minorities falsely accused or mistreated, and by referring to capital punishment statistics seemingly biased especially towards blacks. The Justice Files has produced several biographies on minorities who were subjected to some atrocity by the American justice system....   [tags: Papers]

Better Essays
1787 words (5.1 pages)

Racial Discrimination and Disparity in the United States Justice System

- Introduction The issue of racial disparity in the criminal justice system has been a longstanding debate in this county. According to Tonry (as cited in Cole & Gertz, 2013) African Americans make up to 50% of the prison population but are only 12 % of the total United States population. Bobo and Thompson (2006) stated that Hispanics make up to 18 % of the prison population but are only 14 % of the total United States Population, while Caucasians make up to 75 % of the total population and are only 35 % of the prison population in American....   [tags: civil rights, prejudice, prison, legal reform]

Better Essays
2729 words (7.8 pages)

Discrimination, Inequality, And Justice For Few Essay

- Minorities: Discrimination, Inequality, and Justice for Few According to minorities today, racism and discrimination are some of the major factors that are present in the workplace. In the labor force specifically, we see racism, discrimination, and inequality that deprive minorities of the opportunity to succeed in life. Research shows that African Americans, Hispanics, Asians, women, lesbians, gays, and transgenders in the world suffer injustices that shouldn’t be taking place according to laws that were placed to defend these groups....   [tags: Discrimination]

Better Essays
1266 words (3.6 pages)

Disparity and Discrimination Essay example

- Disparity and Discrimination According to Webster’s Dictionary, the proper definition for discrimination is: 1 a : the act of discriminating b : the process by which two stimuli differing in some aspect are responded to differently 2 : the quality or power of finely distinguishing 3 a : the act, practice, or an instance of discriminating categorically rather than individually b : prejudiced or prejudicial outlook, action, or treatment (Webster’s dictionary). Discrimination has been around for centuries and even though there have been improvements in the way society deals with discrimination, we still have a long way to go....   [tags: Race Racism Prejudice]

Better Essays
833 words (2.4 pages)

Essay on Racial Inequalities in the Justice System

- 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....   [tags: Racial Disparity in Criminal Justice]

Better Essays
1738 words (5 pages)

Racial Disparity During The U.s. Criminal Justice System Essay

- Racial Disparity in the U.S. Criminal Justice System Even after slavery was abolished as an act of the end of racism and a dominant race, the criminal justice system has been involved in many cases in which racism has been evident. Rosa Parks, as a vivid example, could not help but make public the abuse of authority she felt when denigrated on the bus destined to Cleveland. She was asked by the bus driver to stand up and give up her seat to the white passengers that were standing. However, she refused to give it up and she was arrested....   [tags: United States, African American, Race]

Better Essays
749 words (2.1 pages)

Essay on Racial Sentencing Disparity And The Underlying Issue

- Introduction Possibly the most striking about the discussion of race is how frequently national attention to racial issues revolve around race and the criminal justice system. Over the past year alone, significant national events have had wide-spread media coverage involving race that has affected large portions of the nation. Although the United States is the most racially diverse nation in the world, a defendant’s race and/or ethnicity can affect the severity of their sentencing. This purpose of this paper is to examine racial sentencing disparity and the underlying issues contributing to this concern....   [tags: Crime, United States, Criminal justice]

Better Essays
1598 words (4.6 pages)

The Murder Of Nicole Brown Simpson Case Essay

- “If it doesn’t fit, you must acquit” a statement which was used by Johnnie Cochran. A quote from the People of the State of California v. Orenthal James Simpson was one of America’s most famous cases that brought attention to the black community. This Era played a Logo in the impact, and after effects of this case. A case that brought attention to many American’s, immigrants, nationwide viewers and also, a case that is known to today’s society as the OJ Simpson case. This case raised concern and debate over the black community....   [tags: O. J. Simpson murder case, O. J. Simpson]

Better Essays
1810 words (5.2 pages)

Is O.J. Simpson Guilty Or Not? Essay

- Is O.j. Guilty Or Not??. well it all started out like this,O.J. was at a club, and Nichole was there also. They met, and a couple days later they started to go out. While still married to Margerite Whitly. The papers didn't go through yet for a divorce, so legally he was still married to her, while going out with Nichole. The Evidence Against O.J. Simpson Mark Fuhrman said he saw a knife box on the ledge of the bath tub,and it wasn't collected for evidence, but the prosecutors say we have the knife that was from the box, that we didn't need the box....   [tags: O.J. Simpson]

Free Essays
841 words (2.4 pages)

Disparity of the Workforce Essay

- Disparity of the Workforce Because of ethnicity, gender and racial difference among people, many individuals have used these distinctions to empower themselves and gain unique advantage in the workplace. The focus of the next several paragraphs will be to call attention to some of these practices, both historically and presently, as well as discuss other related matters for elucidation purposes. According to the article Women in the Mills of Lowell, as provided by Marcionis (2010) female workers were historically easier to recruit because “back then, there were few occupations open to women, and those that were… [available,] paid even less than factory work” (¶ 4)....   [tags: Discrimination]

Better Essays
646 words (1.8 pages)