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What he means is that racial disparity is found throughout the entire criminal justice process. It is not something that occasionally happens or something that only happens in one sector of the process, it is continuous and throughout. According to Mauer, this starts with law enforcement. One major issue concerning this with law enforcement is that of traffic stops. It is not who is getting stopped, it is who is being arrested the most or who is most likely to be arrested. This is where the officers are contributing their share to racial disparity. Another major issue lies with prosecutors. Many cases end up being settled behind closed doors, so to say. This leaves much room for racial disparity to happen, whether it be intentional or …show more content…
This level, the prosecutional one, is likely the least researched and studied one concerning racial disparity because of the fact that is hard to discern how much of the racial disparity is actually happening and it is equally as hard to contrast and compare the workings of two different
This quotation is taken from a Hollywood film, but has a tendency to ring true in legal disputes in Canada involving minority groups. Racism as a component in the Canadian societal context has prevented the realization of truth and justice throughout history. For instance, Donald Marshall Jr. endured a wrongful conviction as a result of racism in the criminal justice system. While this dilemma has proved to be most difficult for minority groups to overcome, critical race theory, as implemented by defence lawyers in R.D.S. v. The Queen, has allowed for the realization of racism as truth in Canadian society and provides a tool for minority groups in future legal battles.
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
“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).
In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.
For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently
topics in section 4 revealing how the black community is especially targeted. Our judicial system is an
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.
“Most modem sentencing systems in the United States express an explicit commitment to ensuring that a defendant 's sentence is not affected by the defendant 's race or gender (Hessick, 2010).” Even though individuals are protected through the Bill of Rights and Sentencing Reform Acts, there are still disparities in sentencing within the criminal justice systems. Often, race and gender bias negatively affects sentencing.
All three types are prevalent throughout the criminal justice system and prevent justice for all. I recommend that in order to decrease disparity in all forms, we examine each case one by one and assign a sentence that fits each specifically. We need to make a clear set of guidelines across state lines, so everyone is on the same platform and treated equally. For gender disparity, we need to tackle the societal view of females in order to show that justice and the law sees no difference in man and women. For racial disparity, we need to train all law enforcement to acknowledge that there is no one race that is more guilty than the other. For age disparity, we need to examine each case on a case by case basis in order to better serve justice to each situation; then the court can decide if it should be tried in adult court or not. Overall, disparity is a major issue that is holding our criminal justice system back from its full potential; we can do better than
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
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. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
The justice system is in place in America to protect its citizens, however in the case of blacks and some other minorities there are some practices that promote unfairness or wrongful doing towards these groups. Racial profiling is amongst these practices. In cases such as drug trafficking and other criminal acts, minorities have been picked out as the main culprits based off of skin color. In the article “Counterpoint: The Case Against Profiling” it recognizes racial profiling as a problem in America and states, “[In order to maintain national security] law-enforcement officers have detained members of minority groups in vehicles more than whites”…. “these officers assume that minorities commit more drug offenses, which is not the case” (Fauchon). In relationship to law enforcement there has also been many cases of police brutality leaving young blacks brutally injured, and even dead in recent years, cases such as Michael Brown, Dontre Hamilton, Eric Garner, Tamir Rice, and Freddy Gray just to name a few. Many of these young men were unarmed, and the police involved had no good justification for such excess force. They were seen as threats primarily because of their skin color. Despite the fact this nation is trying to attain security, inversely they are weakening bonds between many of its
2010, “Racial Disparities in Sentencing: Implications for the Criminal Justice System and the African American Community”, African Journal of Criminology and Justice Studies 4(1): 1-31, in this Albonetti’s study is discussed in which it was found that minority status alone accounted for an additional sentence length of “one to seven months.” African American defendants were “likely to receive pretrial release but were more likely to be convicted, and be given harsher sentences after conviction than white defendants charged with the same crimes.” One of the reasons behind this are the sentencing laws, it is seen that these laws are designed in a way that they tend to be harsher towards a certain group of people, generally towards the people of color than others thus leading to inequality with the sentencing
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
The United States criminal justice system is an ever-changing system that is based on the opinions and ideas of the public. Many of the policies today were established in direct response to polarizing events and generational shifts in ideology. In order to maintain public safety and punish those who break these laws, law enforcement officers arrest offenders and a judge or a group of the law offender’s peers judge their innocence. If found guilty, these individuals are sentenced for a predetermined amount of time in prison and are eventually, evaluated for early release through probation. While on probation, the individual is reintegrated into their community, with restrict limitations that are established for safety. In theory, this system