Whisner, Mary. "Race in the Criminal Justice System." Law.washington.edu. 10 Oct. 2013. University of Washington School of Law. 13 Nov. 2013 .
Race has always been a controversial topic of discussion dating back centuries ago. One area of controversy comes in the area of the connection between minorities and prison. Racial discrimination has been very much existing in the Criminal Justice System in this day and age. As a result, the justice system is looked at as being more of a system for keeping minorities, especially African-Americans, in check. African-Americans are often seen as being unfairly targeted and prosecuted. Because of this, through the eyes of minorities, the Justice in America is seen as being a racially biased system that holds different standers between whites and minorities. As for evidence of this claim, there are clear cut and dry statistics that have been recorded to support this claim.
While the United States has made a lot of progress in becoming more equal and addressing some issues surrounding prejudice and discrimination, there still remains a long road ahead as discrimination based on class, gender, race, and sexual orientation continues to plague society. The criminal justice system in particular is greatly impacted by discrimination and prejudice both unconsciously and consciously. Workers within the criminal justice system face discrimination as many are not earning as much money due to factors surrounding race, gender, sexual orientation, class, and religion. Following this, there is the criminal element of the justice system that involves many citizens not receiving fair or just treatment because of the bias of the structure. The bias of the criminal justice system permeates throughout the whole process, from before a criminal act has been committed to the incarceration to even the death penalty. How discrimination can be seen impacting the criminal justice system can be better understood after examining the three philosophical orientations of crime prevention.
“Depriving an individual of life or liberty is one of the most intrusive powers that the governments wield. Decisions about imprisonment capture the public imagination” (Abrams, 2013). Over the years the incarceration of many perpetrators has had a significant growth that affects not only the perpetuators but multiple families and has also impacted an increase of cost for tax payers. It has been reported over the years by U.S. Census Bureau (2007), that the U.S. nation’s minority population has reached 100.7 million, one-third of the overall population of 300 million, minority population totaled 98.3 million. Upon close examination of political policies such as public policies, judicial system, ethnicity divisions, the war on drugs, and historical trends like the inequalities in economy, have made it clear that the minority inmate populations is the result of a deeply flawed system.
Lower class and minorities make up the majority of people on death row. In Colorado, 80% of everyone on death row are minorities (“Race and the Death Penalty,” 2016). Biases target these people, even if they are innocent. Over the 139 cases of prisoners that have been wrongfully convicted and given the death penalty, over 61% of them have been African American or Hispanic (Love, 2012). Capital punishment is highly racially biased that lower class and minorities have to prove themselves innocent instead of the other way around. Some could argue that there are more Caucasian prisoners on death row than there are minorities, they just get out of it
Blacks comprise 13% of the world’s population yet they make up disturbing 40% of the worldwide prison population. The reason for this is that a black person who committed the same atrocity as a white is more likely to be or has a better chance of being arrested. And only to add to the amount of racial injustice taking place blacks receive a much longer and severe sentence’s than those of whites. August 18th, 1920 the day women were allowed to vote in America, a very virtuous day, but did you know that as of now, in America, 13% of the blacks are restricted from
Discrimination against the minority population is a major problem in the United States society’s justice system. There are many examples where African American and low-income minorities are treated differently and not given the chance to prove their innocence. The law enforcement promises to treat all men or women equal opportunity, but the same system has put 120,000 innocent African Americans in prison. While most of them still remain in prisons, injustice by law enforcements is still a burden to the minorities in America. Moreover, wrongful conviction is a horrible injustice when a person spends years in jail. This is getting recognized by the U.S. system but often late. In many cases by the time a person is proven innocent, he or she might
Opponents to mass incarceration like Michelle Alexander have called it the “New Jim Crow”, a social institution aimed at limiting the rights of African Americans. Upon their release criminals are legally denied the right to vote, excluded from juries, and placed in a position of subordination. Others would suggest that, “cultural shifts, political realignments, changes in job prospects for low-skilled men, and perhaps most importantly, legal changes” have led to the severe increase and absolute disparity in the rates of black imprisonment over the late 20th and early 21st centuries. One thing is certain, mass incarceration would be justifiable if crime decreased but that is just not the case. Evidence has shown that the benefits of mass imprisonment in reducing crime have diminished over time and incarceration is now a much less effective method for crime control than it was before the 1990s. Due to factual evidence of high rates racial disparity in imprisonment, mass incarceration can be seen as a significant generator of social inequality. The history and the study of mass incarceration is important because it defines us as a society just like slavery and Jim Crow once
“Most modem sentencing systems in the United States express an explicit commitment to ensuring that a defendant 's sentence is not affected by the defendant 's race or gender (Hessick, 2010).” Even though individuals are protected through the Bill of Rights and Sentencing Reform Acts, there are still disparities in sentencing within the criminal justice systems. Often, race and gender bias negatively affects sentencing.
David Cole wrote, "our criminal justice system affirmatively depends on inequality" (5). Cole has substantial grounds for making this statement. Race and class have long been issues in the criminal justice system, but does the system "affirmatively depend on inequality?" Does the criminal justice system depend on the disparities of the people that it serves?