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Racial disparities in the US judicial system
Racial discrimination in the criminal justice system
Racism in the judicial system
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Victimhood is socially constructed by a dominant culture wherein racism precedes in state procedures, and the liberal principles fail to acknowledge it. Cord Jefferson highlights in “The Zimmerman Jury Told Young Black Men What We Already Knew” the discrimination against people of color specifically the injustice that occurs towards black men in America by public and state officials. Being apologetic for public fear, afraid of getting into a fight and tolerating the indignity of strangers are a few of the racist actions that black men have tolerated for years to avoid being arbitrarily beaten, arrested, or worse being shot to death. The courts and state agencies have been established on the liberal principles and due process rules. As a result, …show more content…
In a liberal democracy, victimhood is constructed by the dominant culture in society. Bilateral individualism describes victimhood in accordance with liberal principles. A victim, then, is someone who loses physical safety, property, or various other entities because of the actions of another individual (Carter 421). So the role of the state, in accordance with the due process rules, is to punish and deter the transgressor who has caused harm and suffering to his or her victim. However, in this perspective, the courts ignore the unequal opportunities faced by people with color. Stephen Carter’s alternative definition of victimhood incorporates the implications of race in state procedures and decisions. An implication of racism being a greater sentence of a black convict in comparison to a white convict for offenses of the same nature. So under this perspective, a victim is a member of a group that is discriminated against due to a racially oppressive past and a racially charged present (Carter 426). As Carter suggests, the role of the state, then, should be to alleviate the suffering of the victim of racism. Thus, Carter’s alternative definition of victimhood provides a better understanding of the racial prejudice present within society and state …show more content…
Jefferson highlights the racial discrimination against young, black males are significantly more than any other race making them the most marginalized group in America. Consciously or unconsciously there is public fear of this particular group. This, specifically, occurs due to the history of racial oppression against black males from the white males. A direct consequence of these state actions is felt by black people in everyday life whether it be walking home from work, or going to a basketball game. The bilateral individualist perspective considers that only individuals who have suffered directly by a transgressor are victims (Carter 422). Also, victims and criminals regardless of their color have equal rights to demand justice, and justice should be the same for all. However, Carter suggests that victims are also individuals who have been marginalized due to society’s history and structure. Black individuals have become the permanent underclass within society and therefore have been deprived of the minimal access to equal education and healthcare (Carter 426). Thus, the alternative definition better supports Jefferson’s argument regarding the discrimination against black individuals in comparison to bilateral
From the study, Michelle Alexander’s argument is true and correct that the mass incarcerations are just a representation of Jim Crow. The Jim Crow has just been redesigned as the blacks have continued to be mistreated and denied some of the rights and privileges that their counterparts enjoy. There is discernment against the African Americans towards different privileges which are essential to their lives. This discrimination is political as leaders steer operations that are aimed at racially discriminating people from particular groups of race.
The case involved a neighborhood watchman, who happened to be on duty when he saw a young black man wearing a sweater jacket called a “hoodie”, walking through the neighborhood. George Zimmerman, the watchman, who was twenty-eight years old at the time, called authorities about a suspicious character walking around in his neighborhood. The authorities told him not to do anything; just continue with his rounds and not worry. Zimmerman, however, decided he would take matters into his own hands. He confronted the young man; they got into a brawl and Zimmerman pulled out a gun and shot and killed Martin. That premise will play a role in this paper as an argument as to why George Zimmerman should have been convicted of committing a crime. Even if the jury could not have reasons to convict him of the second degree murder of Trayvon Martin; they had other choices.
Lynching of black men was common place in the south as Billie Holiday sang her song “Strange Fruit” and the eyes of justice looked the other way. On the other side of the coin, justice was brought swiftly to those blacks who stepped out of line and brought harm to the white race. Take for instance Nate Turner, the slave who led a rebellion against whites. Even the Teel’s brought their own form of justice to Henry Marrow because he “said something” to one of their white wives (1). Flashing forward a few years later past the days of Jim Crow and the fight for civil rights, several, but not all in the younger generation see the members of the black and white race as equal and find it hard to fathom that only a few years ago the atmosphere surrounding racial relations was anything but pleasant.
In her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander states that we still use our criminal justice system to “label people of color ‘criminals’ and then engage i...
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
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don’t. Rather than directly rely on race, we use the criminal justi...
In several cases and studies, there is a substantial amount of racial bias in the criminal justice system. In fact, the 1978 McClesky conviction has proven to support Baldus’s study in 1998. Warren McClesky, an African American male, was found guilty of killing a Georgia police officer. The legal team who represented McClesky exposed a study that showed how biased racial inequality is in the death penalty, but the court contended the argument because “disparities in sentencing are an inevitable part of our criminal justice system” (Touré). Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the
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.
Through research and studies, the Equal Justice Initiative creates awareness by citing the connection between historical prejudices of racial injustice linked to discrimination in the American justice system, and in particular the criminal justice system in the United States of America. The Equal Justice Initiative is an answer to the call of society at large for fairness and just treatment for minority blacks in particular. Undoubtedly, the calls by the public for an end to racial bias in government policies, and in particular in the justice system of the United
Alexander (2010) describes the New Jim Crow as a moment where society have already internalized the stereotypes of African American men as violent and more likely to commit crimes and where mass incarceration has been normalized – especially in poor areas– . That is, today is seen as normal that black parents are missing in their homes because they are in institutions of control (p.181). She also stresses American society denies racism when they assume the justice system works. Therefore, she claims that “mass incarceration is colorblind” (p.183). American society does not see the race biased within the institutions of control.
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
2 But with United States v. Cruikshank (1875), the Equal Protection Clause was overturned because the Supreme Court ruled with the majority opinion. The positions that the Supreme Court adopted during pivotal moments in history allowed racial discrimination to proliferate within the criminal justice system. Although the modern day prison system reflects the disproportion racial demographics and emphasizes the harshness of the criminal justice system, Stuntz suggests reforms that can be made to improve these conditions. Firstly, the “revival of the ideal of equal protection of laws” must be encouraged because criminal punishment is unable to control crime at acceptable costs because the “law’s protection is provided discriminatorily” (Stuntz 8). Secondly, the rise of community policing in concurrence with local police responsiveness must be further championed. Communities may have variations on what the local norms are and what types of punishment is acceptable in the community. Regaining the local character of law will consequently result in fair punishment and less harsh racially shaped criminal
13). However, there have been theories such as Radbruch’s theory, that have suggested that the main purpose of the development of punishment in the criminal justice system was to oppress these same individuals, who at the time of its development were known as slaves (Sellin 1967, p. 25). The issue is that time and reform has not seemed to change anything. Mauer (2001) explains that through mandatory sentencing and other reforms, such as ‘three strikes’ laws and federal guidelines, offenders are dehumanized (p. 17). Through these guidelines, it does not matter if an offender is a special case; they are all given the same amount of time in the penal system. The concern here is that impoverished African-Americans seem to be targeted through these legal procedures. This can be seen through the large racial disparity in the composition of the corrections system, yielding the possible explanation that society still degrades minorities. Mauer (2001) states that “it is difficult to quantify to what extent this process of dehumanization is tied in with perceptions of race and ethnicity, but the data on prison populations and the political imagery of recent years strongly suggest that these issues are intimately connected” (p. 18). Sellin (1967) suggests that the bottom line is that the notions of Radbruch’s
According to USA today, “Polling shows that nearly nine in ten black say discrimination still exists. One in three say they have experienced it within the past year; that number rises to one in two when it comes to the workplace or the voting booth” (Wolf, Richard. "Equality Still Elusive 50 Years after Civil Rights Act." USA Today. Gannett, 2014. Web. 10 Oct. 2016). There is the Black Lives Matter Movement that has been going on since 2012 after a 17-year-old boy named Trayvon Martin was murdered after being racially profiled. Martin’s killer, George Zimmerman claimed that Martin attacked him, hit him in the nose, therefore he shot Martin as self-defense even though the boy was unarmed. Police declined to arrest Zimmerman because apparently there was not enough evidence to refute his self-defense claim. The fact that George Zimmerman did not get arrested the same night he killed Trayvon Martin shows how the quality of democracy in America is still struggling. Of course there are going to be new problems all the time regarding civil rights, but hopefully one day America’s Madisonian governing institutions and democratic processes bring good outcomes to achieve civil rights