The US Justice Department statistics 2003 and onwards demonstrates significant disproportion in the incarceration rate of minority African American and Hispanic men between the ages of 25 and 29 years as compared to the rate associated with White men of the same age. Bell (2007), proposes that as minority groups grow in numbers within the dominant group they will experience greater equality. However, rate of incarceration among minority males remains alarmingly high and as compared to their White counterparts. As with health care there are racial disparities that will influence outcomes when an individual is brought before the criminal courts. Additionally, there is significant correlation between a person’s level of education and the likelihood of his involvement in criminal activities. Studies and statistics have shown that among male high school dropouts there is high incidence of unemployment, low income and rate of illicit drug use as compared to men with degrees from four year colleges. Further to this, although the rate of school dropout and even arrest is not significantly different across the race lines, literature alludes that African American men have a higher rate of conviction for the same crime committed. 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... ... middle of paper ... ....sentencingproject.org Prison Activist Resource Center, (No date). Racism Fact Sheets: African-Americans and the criminal injustice system, Retrieved fromhttp://www.prisonactivist.org/factsheets/racism.pdf Scott, R. (n.d). Rep. Robert C. Scott holds a hearing on unfairness in federal cocaine sentencing: Is it time to crack the 100 to 1 disparity? FDCH Political Transcripts, Retrieved from EBSCOhost. 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. Ward, G., Farrell, A., & Rousseau, D. (2009). Does racial balance in workforce representation yield equal justice? Race relations of sentencing in federal court organizations. Law & Society Review, 43(4), 757-806. doi:10.1111/j.1540-5893.2009.00388.x
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
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 ...
Many Americans pretend that the days of racism are far behind; however it is clear that institutional racism still exists in this country. One way of viewing this institutional racism is looking at our nation’s prison system and how the incarceration rates are skewed towards African American men. The reasons for the incarceration rate disparity are argued and different between races, but history points out and starts to show the reason of why the disparity began. Families and children of the incarcerated are adversely affected due to the discrimination as well as the discrimination against African American students and their likelihood of going to prison compared to the white student. African American women are also affected by the discrimination in the incarceration rate. Many white Americans don’t see how racism affects incarceration rates, and that African Americans are more likely to face discrimination from the police as well as being falsely arrested.
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.
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
Young, white, upper-class males who engage in crime are significantly less likely to serve jail time or even be arrested, than their black male counterpart. That being said, lower class white males are more likely to be arrested than their upper-class white counterpart. Is money truly the root of all evil? NO, it’s not. It is however what drives both sides of the criminal justice system. Of course, those with a higher SES or less likely to be arrested in general but there is more to it. In class, we discussed the issues of privatized jail and the revenue they make only when filled to capacity. The “If you build it, they will come!” mentality is fully functioning in the prison part of the criminal justice system. Many police forces are set up with numbers in mind, and in order to be successful a certain amount of arrest must be made. The War on Drugs spurred this ideology as the higher amount of arrest led citizens to think that crime was being lowered. Additionally, those with high-class status can afford to be represented properly in the criminal justice system and do not have to fear the extra fines placed on prisoners or even those just convicted of crimes. VICE – Fixing The System showcased stories of returning citizens who faced the stigmas of jail, the fines of the court, and were lead back into a life of crime just to make ends meet. This vicious cycle leads back into the criminal justice system with these returning citizens being rearrested or by violation of parole/payment, due to financial
Race and Ethnicity on Sentence Outcomes Under Different Sentencing Systems. Crime & Delinquency, 59(1), 87-114.
Is race and ethnicity a contemporary issue in today’s modern criminal justice system, or is it an issue of the past. Race and ethnicity plays a huge role in our justice system, to say that is doesn’t would be false. We can look back through history and we can see many example of how much of a role it has played. There are many studies that prove that race and ethnicity is still a current issue in our contemporary criminal justice system. There are many debates about whether it does or does not still impact our justice system as well. We cannot deny that race and ethnicity impacts the operations of our justice system, not justice in our system, but in other systems around the world. In particular, race and ethnicity still impacts our system
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.
Numerous studies have been done to see how race and crime correlate with each other. Although the results are somewhat changeable, some studies mostly demonstrate that certain categories of racial minorities—males, the young, and the unemployed—are singled out for harsher treatment. Other studies find that each of these offender characteristics had a direct effect on sentence outcomes, but that the combination of race or ethnicity and one or more of the other characteristics were more powerful predictors of sentence severity than any characteristics individually. Although the offender’s race, ethnicity, and sex are not included in this list of factors explicitly, many of the factors that judges are required to take into account—such as family ties, employment, financial resources, community ties, and criminal history—are linked to race, ethnicity, and sex. Thus, the offender’s race, ethnicity, and sex may influence the likelihood of pretrial detention indirectly.
...e misdemeanor drug related crimes. It also points out how African Americans and Hispanics were treated more harshly when detained that Whites, if they had a public defender rather than a private defender, and whether they had a criminal record or not. Factors that also increased their conviction rate and treatment while in custody were being young, male and unemployed. African American and Hispanics were also more likely to be detained prior to arraignment, convicted, and sentenced to jail than whites.
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. In theory if this trend continues it is estimated that about 1 in 3 black males being born can be expected to spend time in prison and some point in his life. One in nine African American males between the ages of 25 and 29 are currently incarcerated. Although the rate of imprisonment for women is considerably lower than males African American women are incarc...
Crime is not a homogenous action. Criminals hail from a hodgepodge of backgrounds, socioeconomic classes, and demographics. Patterns, however, have been observed across the spectrum of offenders that predict those most likely to become culprits. These patterns often come in the form of disparities between social, racial, and gender groups. The racial, socioeconomic, and gender disparities inherent in the United States criminal justice system are particularly manifested in the courts, policing methods, and prisons. Examining the policies of foreign countries’ criminal justice systems can paint a picture of reform that spells an end to unequal treatment of America’s delinquents.
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
Many across this country are blaming race on why young, unemployed African-Americans and Hispanics seem to pay a higher punishment than other groups of offenders. Jacobs and Kkleban (2003) even say that minorities are treated differently worldwide in the criminal justice system. It’s not that simple to blame it solely on racial discrimination. In her lecture, Williams (2015) says “A predominately White Congress has mandated that prison sentences for the possession and distribution of crack cocaine are 100 times more severe than the penalties for possession of the same amounts of powder cocaine.” McNamara and Burns (2009) take it even further and say that states simply turn the cases over to the federal government to get the higher