The criminal justice system is full of inequality and disparities among race, gender, and class. From policing neighborhoods, and the ongoing war on drugs, to sentencing, there are underlying biases and discriminatory practices in the criminal justice system that impacts minority communities and groups. Fueled by stereotypes and generalizations, it is important to identify and discuss what crimes take place and who actually makes it up. According to Beirne & Messerschmidt men commit more crimes than women. With men making up 78% of arrests for every crime except Larceny, they are also more likely to commit conventional and serious conventional crimes. Especially in the case of white collar and political crimes, men make up a vast majority …show more content…
In the graphic novel Race to Incarcerate the mass incarceration of black men is refereed to as a new form of slavery. The system is set up to drag minority men into imprisonment. Once blacks are arrested they are more likely than white counterparts to be charged, convicted and serve harsher prison sentences. Sentences that go on their permanent record, that is if they are released. In numerous cases black defendants are unable to higher a lawyer, and given a Public defender, who tend to push plea deals onto clients. Plea deals can be pushed even if the person is truly innocent, as a way to end the case. And the very few cases that make it to trial with jury’s have a disproportionate number of all white jury’s and black defendants. Ultimately, these factors increase the likelihood of imprisonment for African Americans. But perhaps the most significant factor in the astonishing rates of blacks behind bars is the ongoing and longest war in American …show more content…
In what can be called a viscous cycle starting with the war on drugs, a war that from the beginning has unfairly targeted minorities. A war that has helped contribute to the breakdown of the black family, and add to the constant socioeconomic struggle that perpetuates crime in many communities. These communities experience constant and unfair policing that puts so many youths into the system, that discredits, imprisons, and ultimately breaks them. Filled with discriminatory practices that have been overlooked for years under the disguise of gaining a “Victory.” A victory that may never actually come to
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 ...
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
The majority of our prison population is made up of African Americans of low social and economic classes, who come from low income houses and have low levels of education. The chapter also discusses the amount of money the United States loses yearly due to white collar crime as compared to the cost of violent crime. Another main point was the factors that make it more likely for a poor person to be incarcerated, such as the difficulty they would have in accessing adequate legal counsel and their inability to pay bail. This chapter addresses the inequality of sentencing in regards to race, it supplies us with NCVS data that shows less than one-fourth of assailants are perceived as black even though they are arrested at a much higher rate. In addition to African Americans being more likely to be charged with a crime, they are also more likely to receive harsher punishments for the same crimes- which can be seen in the crack/cocaine disparities. These harsher punishments are also shown in the higher rates of African Americans sentenced to
In The New Jim Crow: Mass incarceration in the Age of Colorblindness, Michelle Alexander introduces readers to the phenomenon of mass incarceration in the United States and challenges readers to view the crisis as the “ the most pressing racial justice issue of our time.” In the introduction, Alexander writes “what the book is intended to do and that is to stimulate much needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States.” We come to understand, How the United States create criminal justice system and maintain racial hierarchy through mass incarceration? How the current system of mass incarceration in the United States mirrors earlier systems of racialized
Nationwide, blacks are incarcerated at 8.2 times the rate of whites (Human Rights Watch, 2000).” This difference in proportionality does not necessarily involve direct discrimination; it can be explained by a number of combined factors. Correctional agencies do not control the number of minorities who enter their facilities. Therefore, the disparity must come from decisions made earlier in the criminal justice process. Law enforcement, court pre-sentencing policies and procedures, and sentencing all have a direct effect on the overrepresentation of minorities in the correctional population.
In the wake of President Obama’s election, the United States seems to be progressing towards a post-racial society. However, the rates of mass incarceration of black males in America deem this to be otherwise. Understanding mass incarceration as a modern racial caste system will reveal the role of the criminal justice system in creating and perpetuating racial hierarchy America. The history of social control in the United States dates back to the first racial caste systems: slavery and the Jim Crow Laws. Although these caste systems were outlawed by the 13th amendment and Civil Rights Act respectively, they are given new life and tailored to the needs of the time.In other words, racial caste in America has not ended but has merely been redesigned in the shape of mass incarceration. Once again, the fact that more than half of the young black men in many large American cities are under the control of the criminal justice system show evidence of a new racial caste system at work. The structure of the criminal justice system brings a disproportionate number of young black males into prisons, relegating them to a permanent second-class status, and ensuring there chances of freedom are slim. Even when minorities are released from prisons, they are discriminated against and most usually end up back in prisons . The role of race in criminal justice system is set up to discriminate, arrest, and imprison a mass number of minority men. From stopping, searching, and arresting, to plea bargaining and sentencing it is apparent that in every phases of the criminal justice system race plays a huge factor. Race and structure of Criminal Justice System, also, inhibit the integration of ex offenders into society and instead of freedom, relea...
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
Judges preside not only over cases which arise in the criminal and civil justice system but, their decisions affect the society in other areas such as human rights, judicial review.They play various roles, mainly tend to be impartial decision markers in the pursuit of justice.The fact that there should not be bias on judgment, individuals do rely on the court for passing out judgement. Bias can take more than one form and its worth clarifying the focus, which could influence the verdicts by the judges . This essay analyses bias which reflects on the decisions made in the court, which there should be fairness and impartiality when verdict is made. Statues, are accepted as authoritative which involves legal formalism, the use of deductive logic in deriving outcome. One of the most important doctrines in
For every crime, the offense and charge are different. In addition, not every crime is committed by the same gender. Crimes such as larceny, fraud, forgery, and prostitution (Chesney-Lind, 1986) tend to be committed more often by women; whereas, assault, murder, trafficking, etc tend to be committed by men. When it comes to the stereotyping of women in the criminal justice system, one could say that women present themselves as victims to reach a lesser sentence or that by presenting themselves as victims they will have a longer sentence that will protect them. Statistical evidence has shown that women do in fact receive lesser and longer sentences when they are convicted of the similar crimes as men; such as drug related crimes (Coughenour, 1995).
These authors’ arguments are both well-articulated and comprehensive, addressing virtually every pertinent concept in the issue of explaining racially disparate arrest rates. In The Myth of a Racist Criminal Justice System, Wilbanks insists that racial discrimination in the criminal justice system is a fabrication, explaining the over-representation of African Americans in arrest numbers simply through higher incidence of crime. Walker, Spohn and DeLone’s The Color of Justice dissents that not only are African Americans not anywhere near the disproportionate level of crime that police statistics would indicate, they are also arrested more because they are policed discriminately. Walker, Spohn and DeLone addi...
According to statistics since the early 1970’s there has been a 500% increase in the number of people being incarcerated with an average total of 2.2 million people behind bars. The increase in rate of people being incarcerated has also brought about an increasingly disproportionate racial composition. The jails and prisons have a high rate of African Americans incarcerated with an average of 900,000 out of the 2.2 million incarcerateed being African American. According to the Bureau of Justice Statistics 1 in 6 African American males has been incarcerated at some point in time as of the year 2001. In theory if this trend continues it is estimated that about 1 in 3 black males being born can be expected to spend time in prison and some point in his life. One in nine African American males between the ages of 25 and 29 are currently incarcerated. Although the rate of imprisonment for women is considerably lower than males African American women are incarc...
Aside from individuals who were actually convicted of a felony, the tens of millions of Americans who were arrested without ever being convicted for a crime are no exception to this form of legalized discrimination as the same constraints applied to convicted felons are unfairly applied to them as well (Alexander 145). When it comes to felon discrimination, the severity of the felony does not matter. Public housing policies deny eligibility to people who have even the most minor criminal backgrounds. Due to the fact that people of color such as African Americans and Hispanics are primary targets of police in the War on Drugs, they are much more likely to be arrested for minor, nonviolent crimes as opposed to people who are white (Alexander 145). Instead of racial discrimination being nonexistent in present society, Michelle Alexander argues that racial discrimination has merely been extended to occur through subliminally discriminative colorblind practices (Alexander 11). The criminal justice system still targets racial minorities and deprives them of basic human rights by permitting legalized discrimination, such as the discrimination existent in public housing seen by the usage of racially restrictive covenants in the past, and by the
We can conclude with her analyses that the criminal justice in America is biased an even though I don’t agree with the suggestion Alexander has heard from other people that mass incarceration is a “conspiracy to put blacks back in their place” (p.5). It is clear that the justice system in the US is not completely fair, and that collective action must arise to struggle it.
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
America has the highest incarceration rate in the world, in which most inmates are Black and Hispanic. Blacks are perceived as socially deviant, so society easily deems them as being criminals. Assata Shakur was convicted and prosecuted for numerous charges, including resisting lawful arrest, possession of an illegal weapon, intention to kill, physical assault, robbery at several locations, and other charges (13). Although Shakur was not at the scene of these alleged crimes, law enforcement decisively arrested and charged her. If Shakur was White, rather than a Black woman, the legal system would have perceived her as innocent and treat her leniently. Nevertheless, Law Enforcement carries a bias prejudice towards Blacks, and benefits from their oppression. Similarly to the New Jim Crow, in which incarceration is utilized as a means to exploit Blacks and empower Whites. Shakur believes, “Prisons are a profitable business. They are a way of legally perpetuating slavery… They certainly aren’t planning to put white people in them. Prisons are part of this government’s genocidal war against Black and Third World People” (Shakur, 65). The privatization of prisons has increased and pursues to capitalize on minority inmates through the production of goods, while lawfully abiding by the 13th Amendment. Likewise, One who is convicted of an alleged crime is faced with a trial that is skewed to oppress Blacks from