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 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
Incarceration in the nation as gone up 500% since the 1970s a total of about 2.2 million are behind bars. With the increase rates of incarceration an increasing amount of uneven racial discrimination is at high rates for African American and Hispanic males. According to Mauer & King (2007) “The African ...
Mauer, Marc & Ryan S. King. “Uneven Justice: State Rates of Incarceration By Race and Ethnicity” The Sentencing Project [Washington, D.C.) 2007. Web. 29 April. 2014. http://www.sentencingproject.org/doc/publications/rd_stateratesofincbyraceandethnicity.pdf
This paper proposes that three major factors play a role in the high rate of convictions of black men versus whites and Hispanics. These factors are the lack of diversity among legal professionals in positions of power for decision-making, specifically those in the criminal justice system; secondly, the racial disparities that exist in arrest conviction and sentencing and thirdly, the incidence of discriminatory actions within the justice system. The paper seeks to examine litera...
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...
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...
There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1
Atticus Finch, a moral perfection, accepts the case of Tom Robinson despite strong opposition from his neighbors; thus, Jem and Scout are put in danger. Tom Robinson’s case deals with controversial material to begin with, which is only made more contentious because of Tom’s skin color. To Kill a Mockingbird is set in the 1930’s, during the Great Depression. Although slavery was abolished more than 50 years before the era in which this novel takes place, in the southern county that the Finch family lives, Jim Crow oppression is still exercised on the black citizens of the area. Bob Ewell, the town’s trashy free loader, has accused Robinson of assault and rape of his daughter, Mayella. Atticus reasons with Scout, regarding why he chose to accept Tom’s case; “‘…every lawyer gets at least one case in his lifetime that affects him personally. This one’s mine, I guess,”’ (Lee 101). Atticus views this situation as a matter of pride. Somebody in the town must stand up to do the right thing, which is to represent Mr. Robinson, a “clean-living” man. He clarifies that he could not face his community any longer, nor c...
Harper Lee’s To Kill A Mockingbird portrayed an era of extreme prejudice and ignorance. Throughout the novel, these specific characteristics were noticed in the behavior of Maycomb’s residents, especially during the trial of Tom Robinson – a highly publicized court case involving a black man convicted of raping a white girl from a despicable family. Although it became obvious throughout the trial that Robinson was innocent, and the girl’s father was the real culprit, Tom Robinson was convicted mainly due to social prejudice toward his race. The unjust result of this trial deeply disturbed the main characters of the novel: Scout and Jem, the children of the defense attorney of the trial, Atticus Finch. Since the story took place in the 1930s, racism was still widely accepted in society, and most of the residents in Maycomb openly professed their derogatory views on people of a different race or social standard. Growing up in a family that believed in egalitarianism, Scout and Jem faced backlash from the community since their father was fighting for a black man in the Tom Robinson trial. Amid these two highly conflicting environments, Scout and Jem had many unanswered questions and no support in the community during these tough times. Additionally, the Maycomb community was plagued with injustice due to discrimination and racism. However, there was one character in the novel who remained open-minded and unprejudiced even in the face of tradition and communal ignorance. A close neighbor of the Finch’s, who shared the same moral views as Atticus, Miss Maudie served as a mother figure to young Scout and Jem, who were going through a tough time in the community. Although Miss Maudie may not have had enough power to change the prejudice...