Society subscribes to a value system to focus on the concepts of justice and equality. Justice which is used in a legal system can help determine whether an individual’s act was wrong or right and it helps other make a fair judgment among individuals equally. George Cole, Christopher Smith and Christina DeJong (1984) discuss how individuals will go through the process of the justice system to determine whether they are found guilty or not guilty, in their book, “Criminal Justice in America.” They clarify that less punishment can be offered to middle or upper class by a systematic bias that works to the disadvantage of the poor. When comparing the treatment of blacks and Latinos to whites, black Americans and Latinos are disproportionately poor …show more content…
Poor people in high crime neighborhoods are the police’s main target because it is easier to catch the weak and the small; whereas it is harder to get the rich people convicted. Jeffrey Reiman (1996) argues the legal system employs unfairness between the poor and the rich. In his work, “…And The Poor Get Prison: Economic Bias in American Criminal Justice,”he argues that the justice system gives the impression that a poor person is more likely to be arrested, and, if they are arrested, charged, than a middle or upper class person; it sends a message to society that the wealth, can get away with breaking the law similar to what often happens in a court room (Reiman, 1996). Also, there have been scenarios where police officers will handle the matter themselves without any approval by the judicial system, in which they use maximum force against an innocent African American. In fact, many of the issues concerning criminal justice are caused by a mixture of racism and class disparity and, therefore, African Americans and Latinos experience disparity because police employ misconduct against …show more content…
Before making an arrest, the police officer must have probable cause to make an arrest and then report the crime to the justice system. In his article, “Study Finds Racial Disparity in Criminal Prosecutions,” James McKinley Jr. (2014) uses quotes from attorneys, executive directors, and historians to breakdown the continuing persistence of this failing criminal justice system. He quotes Donna Lieberman, the executive director of the New York Civil Liberties Union, who says, “The study raised troubling questions about the police policy in New York of making many arrests for minor offenses in high-crime neighborhoods, under so called broken windows theory.” This theory argues that if smaller crimes are not stopped, more serious crimes are more likely to happen. Lieberman continues, saying “that policy has resulted in many black and Hispanics city residents with long arrest records, making it harder for them to make bail and receive a non-jail sentence” (McKinley, 2014). Police officials have a wrongful image that the tendency of the poor is to commit serious and dangerous crimes. Therefore, police officers highly supervise the poor neighborhoods and have made many arrests for misdemeanors, according to the so-called theory of broken windows. The procedure has led to many black and Hispanics residents of the city with long arrest records, so it is
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
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...
Many people claim that racism no longer exists; however, the minorities’ struggle with injustice is ubiquitous. Since there is a mass incarceration of African Americans, it is believed that African Americans are the cause of the severe increase of crimes. This belief has been sent out implicitly by the ruling class through the media. The media send out coded messages that are framed in abstract neutral language that play on white resentment that targets minorities. Disproportionate arrest is the result of racial disparities in the criminal justice system rather than disproportion in offenders. The disparities in the sentencing procedure are ascribed to racial discrimination. Because police officers are also biased, people of color are more likely to be investigated than whites. Police officers practice racial profiling to arrest African Americans under situations when they would not arrest white suspects, and they are more likely to stop African Americans and see them as suspicious (Alexander 150-176). In the “Anything Can Happen With Police Around”: Urban Youth Evaluate Strategies of Surveillance in Public Places,” Michelle Fine and her comrades were inspired to conduct a survey over one of the major social issues - how authority figures use a person’s racial identity as a key factor in determining how to enforce laws and how the surveillance is problematic in public space. Fine believes it is critical to draw attention to the reality in why African Americans are being arrested at a much higher rate. This article reflects the ongoing racial issue by focusing on the injustice in treatment by police officers and the youth of color who are victims. This article is successful in being persuasive about the ongoing racial iss...
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.
The individuals within our society have allowed we the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflict with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, resides in our ability to observe the Individual’s rights for public order.
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...
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
Many would argue that the reason why the incarceration rate for African Americans is sustainably higher compared to white American is because of economic situations, and because of past arrest patterns. While it is true that the economic opportunity someone has will affect their decisions, this argument doesn’t fully explain the real reason of why the rates are higher. To fully understand the reason why one must look back on America’s history and how African Americans were treated. The past arrest patterns do not explain why the gap continues to increase, however it is clear that the past arrest patterns is more an indicator of institutional racism that exists in this country. One study found that African Americans believe the reason for the high incarceration rates is becau...
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
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
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
There are many different aspects of criminal justice policy. One in particular is the different theories of crime and how they affect the criminal justice system. The Classical School of criminology is a theory about evolving from a capital punishment type of view to more humane ways of punishing people. Positivist criminology is maintaining the control of human behavior and criminal behavior. They did this through three different categories of Biological studies, which are five methodologies of crime that were mainly focused on biological theories, Psychological theories, which contains four separate theories, and the Sociological theories, which also includes four different methods of explaining why crime exists. The last theory is about Critical criminology. Their goal was to transform society in a way that would liberate and empower subordinate groups of individuals.