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Rehabilitation or punishment
Rehabilitation vs Punishment
Rehabilitation or punishment
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In the United States, it is a common practice to punish those who are convicted of committing a crime. Punishment is used as a form of social control. For some, the threat of being punished deters them from engaging in criminal activities. However, if a crime is committed, the violator is taken out of society and cannot commit crimes while incarcerated. Some punishments also consist of a rehabilitation component. If successfully rehabilitated, the criminal can be returned to society and not be a theat. Capital punishment, also referred to as the death penalty, prevents an offender from reoffending ever again. It also takes away the chance for a person to be rehabilitated.
The death penalty is an established practice in the United States. The
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For example, blacks make up 12 percent of the American population; however, they make up 48 percent of the prison population. These numbers have led to claims of over arrest in minorities, more persistent prosecution, and more severe sentences (Gray-Ray, Ray, Rutland, and Turner 1995). In the United States, the race of the defendant and the race of the victim play a major role in determining who is sentenced to die for a crime. Those who murder whites have a higher chance of being sentenced to death than those who kill blacks. In addition, 80% of individuals executed since capital punishment was reinstated in 1976 have been executed for murders involving white victims, despite the fact that blacks and whites are murder victims in almost even numbers of crimes (The United States Department of Justice 2014).
The institutionalized discrimination of the justice system makes a silent statement that some lives have more value than do others. This is supported by the disproportional percentage of blacks put to death by the justice system, especially when the victim is white. It is something done, consciously or subconsciously, that reflects the large distance our society remains from true
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
Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.
criminal justice system. If the current trends persist, one out of every three African American men can expect to go to prison over the course of his life, as can one out of every six Latino males, compared to only one in seventeen white males (Bonczar 2003). For females, the figures are significantly lower, but racial and ethnic disparities are very similar. For instance, one out of every eighteen African American females can expect to go to prison, as can one out of every 45 Latino females, and one out of every one-hundred and eleven white females (Bonczar 2003). The racial disparities in imprisonment have been felt the most by young African American males (Western and Pettit 2010). Males are a significant majority of the prison and jail populations, accounting for around ninety percent of the population (Western and Pettit 2010). Racial disparities in incarceration are astounding when one counts the men who have been incarcerated in their lifetime rather than those serving time on any given day (Western and Pettit 2002). For instance, in 1989, approximately two percent of white men in their early thirties had been in prison compared to thirteen percent of African American men in their early thirties (Western and Pettit 2002). These extreme racial disparities disproportionately affect communities of color and have significant collateral effects such as family stress and dissolution,
Racial disparity in the correctional population refers to the difference in the number of minorities versus whites represented inside institutions. “The American Correctional Association acknowledges that racial disparity exists within adult and juvenile detention and correctional systems. This contributes to the perception of unfairness and injustice in the justice system ("ACA Policies and," 2004).” “Blacks comprise 13% of the national population, but 30% of people arrested, 41% of people in jail, and 49% of those in prison. 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.
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
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).
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.
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
Blacks are overly portrayed in jails and prisons. Bobo and Thompson stated that in 1954, 98,000 African Americans were in jail or prison. By 2002, there was an increase of 900%, 884,500 African Americans were in jail or prisons. In 2007, blacks made up 39% of detained males in prisons or jails however they make up 12% of the total adult male population. White males make up 36.1% of the male inmate population but they make up 65.6% of the total male population. These statistics demonstrate that racialized mass incarceration exists in the U.S.
Love, A. David. “The Racial Bias of the Us Death Penalty.” The Guardian: January 3, 2012.
This paper focuses in on one of those "junctures" - the death penalty. The racial disparities that Donziger finds in the prisons can also be found in death row. To be exact, African-Americans are 12% of the US population, but they make up 40% of the death row population.2 I, like Donziger, believe something more is at work; and in the tradition of Ture and Hamilton, I believe that this something works in covert ways. It would almost be better if we could place the blame on blatant racial discrimination. But the death penalty does not serve the explicit purpose of oppressing Blacks. Racism persists, but it has taken on more implicit, more subtle, and arguably more harmful forms. The death penalty is a timely lens through which to observe the covert racism that operates in institutional settings. This topic can be overwhelming, and this paper is in no way comprehensive. Rather, it is an opportunity to string together some soci ological and legal concepts with personal analysis in the desire to demonstrate that the death penalty and the institutions surrounding...
Capital Punishment Capital punishment, also called the death penalty, is "death by execution" as stated in The American Heritage Dictionary of the English Language. The death penalty is a sentence given to criminals charged with first degree murder, although most often than not, the majority of inmates on death row live years in a state penitentiary before their execution takes place. There are many historical changes, religious beliefs, and opposing view points held with the subject of capital punishment. The first established death penalty laws date as far back as the reign of King Hammaurabi in the eighteenth century B.C. There were as many as twenty-five different crimes all punishable by execution.
When a defendant has been convicted of killing a white person, the odds that the defendant will be executed by the state are much higher. Eighty-five percent of those who have been executed since 1976 were convicted for killing a white person, while only 13% were executed for killing a black person. When will people realize that just because a person is of another race that they are more dangerous than another race? For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever.
The death penalty has been an issue of debate for several years. Whether or not we should murder murderer’s and basically commit the same crime that they are being killed for committing. People against the death penalty say that we should not use it because of that very reason. They also make claims that innocent people who were wrongly convicted could be killed. Other claims include it not working as a deterrent, it being morally wrong, and that it discriminates. Some even claim that it is cruel and unusual punishment. I would like to shed light on the issue and inform everyone as to why we should keep the death penalty and possibly even use it more than we do now.
Death penalty in the USA are usually handed out on the basis of racism against the minority and/or more times and harshly murder victims being white.