Race and Ethnicity on Sentence Outcomes Under Different Sentencing Systems. Crime & Delinquency, 59(1), 87-114.
The criminal justice system is united under one basic law body, in which no racism is present. Personal beliefs and anecdotes prove nothing, the criminal justice system isn’t racist. Although it may seem African Americans are highly discriminated upon in the justice system, there is ample amounts of data to prove otherwise. The criminal justice system is united under one basic law body, in which no racism is present. The system is not to blame for the racial differences found in the United States criminal justice system. The racial issues found in the system are due to inner city isolation and common crime patterns involving drugs even if it may seem as if the system is racist.
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
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.
It is normal to believe that the United States has, first and foremost, the idea of the essential dignity of individual human beings, the equality of all men, and certain inalienable rights to freedom. What keeps a majority of people skeptical is the oppression and biased conclusions that have been observed in the criminal justice system the last few years. The Sentencing Project, a non-profit organization that is criminal justice oriented, published a report named “Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers” which contains enough statistics to consider the decisions taken by the criminal justice system as suspicious or questionable. “Minorities charged with felonies were more likely to be detained than whites,” the report stated, creating an evident discrepancy between the unbalanced equations of equal justice (para #5). To support this idea, the report mentions, “A black male born in 2001 has a 32% chance of spending time in prison at some point in his life, a Hispanic male has a 17% chance, and a white male has a 6% chance.” The entanglement between the judicial decision and the ethnicity or skin color is becoming not an assumption but a reality. Last but not least, it states that DNA testing indicates that a 63% of African American people are exonerated, meaning that
Years after the United States civil rights movement, the removal of formal segregation laws, and implementation of anti-racist policies, the American criminal justice system still fails to display the same reform. As one of the largest superpowers and industrialized nations in the world, the United States has not attained a “post-racial status,” defined as being a society in which race, although it remains a concept, does not influence individuals. The failure of the United States to attain “post-racial status” is exemplified in the criminal justice system by overwhelming evidence of disproportionate levels of crime, arrests, and incarceration that primarily affect minority populations. Past and present patterns of American society dealing with crime and the people involved committing crime show extreme racial disparity in terms of individuals’ predisposed environments that increase ones likelihood of being involved in the criminal justice system, the system itself that processes individuals, the encouragement of mass incarceration by mainstream society, and the effects these processes have on society.
Walker, Samuel, Cassia Spohn, and Miriam DeLone. The Color of Justice: Race, Ethnicity, and Crime in America. Belmont, CA: Wadsworth/Cengage Learning, 2007. Print.
This, however, is not the case in today’s judicial system. Justice is not blind, as our forefathers had intended it to be. According to the National Council on Crime and Delinquency, on the racial and ethnic disparities in the U.S. criminal justice system, African Americans are incarcerated in state prison at 6 times the rate of Caucasian Americans, and were sentenced to death at 5 times the rate. Furthermore, African Americans have an average sentence length of 40 months, compared to Caucasians average sentence length of 37 months. Those figures begin to widen exponentially as socioeconomic class is brought into the
Although the United States system is based on the connotation of innocent until proven guilty and justice being blind to things such as race, ethnicity or social class (Kornblum & Julian), evidence proves otherwise. Racially discriminatory sentencing in non-capital cases demonstrated that young, black and Latino males receive a much harsher sentence, especially if unemployed compared to white offenders. The race of the victim also dictates the sentence. If the victim is white, than the black offender is much more likely to receive a harsher sentence than blacks who commit crimes against blacks. If the murdered victim is white, the offender has higher probabilities of receiving the death penalty (The Sentencing Project). Race is an indisputable factor in the sentencing process and teaches that black lives are not as important as those of
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
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
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
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
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...
Schanzenbach, Max; Yaeger, Michael L., (2006). Prison time, fines, and federal white-collar criminals: The anatomy of a racial disparity. Journal of Criminal Law & Criminology, 96(2), p757-793. Retrieved from EBSCOhost.