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does race and class affect sentencing
punishments and its effects on children
does race and class affect sentencing
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Henry Louis Gates once said: “I want to be a figure for prison reform. I think that the criminal justice system is rotten.” Indeed in this day and age, comments like these are not generally uncommon, especially with race relations becoming a nationwide priority after recent cases like Ferguson. But how much truth is there really behind these sweeping generalizations? By investigating this question further through the lense of Just Mercy by Bryan Stevenson, it becomes apparent how unjust America’s justice system really is through the illumination of biased racial representation and the prosecution of juveniles in adult criminal court. Racial representation in death row proves that justice system consistently shows bias, primarily through crime victim treatment. Though originally the Supreme Court
For one, unlike Ian he was convicted and found guilty of a non-homicide crime yet still also found himself in a life sentence. For better or for worse, Joe wasn’t confined but “was [instead] repeatedly raped and sexually assaulted,” the trauma from which eventually caused him to develop multiple sclerosis (Stevenson 259). Unfortunately, these two cases are not uncommon in the justice world. As a matter of fact, “by 2010, Florida had sentenced more than a hundred children to life imprisonment without parole for non-homicide offenses,” (Stevenson 153). One of the primary reasons for this originated in the idea that harsher punishments will act as a deterrent for kids who want to break the law. However, recently studies have suggested that because the prefrontal lobe of the brain is still in development until the age of twenty, children don’t have the mental capacity to make the best decisions, especially under stress. Additionally, children normally wouldn’t have access to weapons or drugs, which allows the argument that adults should be held responsible for making such objects available to them in the first place
As one grows older, certain trends begin to appear that are difficult not to notice. Naivety begins to fade and the harsh realities people are faced with every day present themselves. These realities shape how people perceive and treat others. A certain theme, or rather lack of theme, that is extremely pertinent in today’s society is the notion of humanity. Humanity is defined, by Merriam-Webster, as the quality or state of being humane or having a compassionate disposition. Just Mercy, by Bryan Stevenson, is a book that perfectly embodies the theme of humanity. In this book, the reader follows the author throughout his journey from an idealistic, young lawyer to a revered attorney in his quest for justice for those deemed unfavorable by our
We can conclude with her analyses that the criminal justice in America is biased an even though I don’t agree with the suggestion Alexander has heard from other people that mass incarceration is a “conspiracy to put blacks back in their place” (p.5). It is clear that the justice system in the US is not completely fair, and that collective action must arise to struggle it.
In The New Jim Crow: Mass incarceration in the Age of Colorblindness, Michelle Alexander introduces readers to the phenomenon of mass incarceration in the United States and challenges readers to view the crisis as the “ the most pressing racial justice issue of our time.” In the introduction, Alexander writes “what the book is intended to do and that is to stimulate much needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States.” We come to understand, How the United States create criminal justice system and maintain racial hierarchy through mass incarceration? How the current system of mass incarceration in the United States mirrors earlier systems of racialized
It is expected that at a young age, children are taught the difference between what is right and what is wrong in all types of situations. The majority of Supreme Court Justices abolished mandatory life in prison for juveniles that commit heinous crimes, argued this with the consideration of age immaturity, impetuosity, and also negative family and home environments. These violent crimes can be defined as murder, rape, armed robbery, aggravated assault and the like depending on state law. With these monstrous acts in mind the supreme court justices argument could be proven otherwise through capability and accountability, the underdevelopment of the teenage brain and the severity of the crime. Juveniles commit heinous crimes just like adults
In Bryan Stevenson’s book Just Mercy, it talks about the United States’ broken system of justice. In it, it captures an event where a 14-year-old South Central resident, Antonio, received imprisonment until death for a crime where no one was physically injured. The court ruled Antonio was a danger to society who will not be able to rehabilitate, sentencing him the be imprisoned until death, dismissing the lack of significant criminal history and his difficult background living in a lower socioeconomic area. This an example of the super predator theory in use at court. The theory states that young children who commit serious crimes are to be sentenced for life since they’re unable to become sane. Prison is not a place designed for rehabilitation,
The question becomes that, after all the progress we’ve made as a society, why do we still allow racism to exist, especially in our criminal justice system? The Sentencing Project, a non-profit organization that promotes changes in sentencing policies and fights against unjust racial practices, conducted a report in July 2009 and found that non-whites made up two-thirds of the people in the US with life sentences (Quigley, “Fourteen Examples of Racism in Criminal Justice System”). Our society is built upon the idea that whites are superior to all other races and, because of this, we may never be able to fully erase racism. However, we can try. Despite what these and other criticisms say, I believe that all humans are equal in all aspects of life, and that race cannot take away a person’s right to live happily and healthily in this world. Although we have come very far, we still have a long way to go. Our efforts will be worth it the day that jail sentences are based on the crime, not the race of the
Historically racism has pervaded the administration of justice in America and Canada. Racial biases against blacks are still apparent today through the many different arenas of the criminal justice system. Black Americans argue that they are treated unequally and more brutally than whites at all levels in the criminal justice system. As a result of this unequal treatment blacks are more likely to be arrested, charged, convicted and receive longer sentences then whites for the same crimes. Black Americans make up about 12% of the US population and they account for more then 30% of all arrests, 44% of all prisoners and 40% of prisoners on death row (Hunt, 1999:74).
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...
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
Edelman, B. C. (2006). Racial prejudice, Jury Empathy,and sentencing in death penalty cases. New York , New York: LFB Scholary publishing LLC.
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.
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.
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.
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 statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...
According to A Report issued by the Justice Policy Institute, it showed that in 2002 the number of African American males in prison have grown to five times the rate it was twenty years ago (“Prison”). Many have speculated that reasons the population of African Americans in prison are so high is that the Justice System is corrupted and shows that Racism is alive and well. In some cases they may have been guilty, but there should never be a case were a citizen was striped from their rights and accused of a crime they didn’t commit or was protecting themselves from being killed. The Justice System is corrupted towards the African American race because they are given poor legal representation, death penalty with insufficient evidence and longer sentences than any other races that statistics can show.