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Racial inequality in the judicial system and incarceration
Racial and Ethnic Inequities Within the Justice System
Strength and weakness of conflict theory
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The race of the offender affects victim blame just as much as the victim’s race does. The subtle racism that is still around today does not help black men who are accused of raping a white woman. Studies have shown that white rape victims are believed more if their rapist was a black man because the racist rape myth “depicts black males as sexual predators of white women” (Donovan, 2007). This myth was put into place during slavery as another way to control black men and white women (Donovan, 2007). When looking mainly at gender studies have shown that men will look more harshly on the victim and women will look more harshly upon the rapist (Acock&Ireland, 1983). Men’s more accepting attitude and increase blame on the victim is because of …show more content…
This element in victim blaming coincides with the content of the Conflict Theory. The Conflict Theory looks at how in a country where a diverse group of people had different needs and ways of life the legal system only caters to the highly affluent. Those with the most money determine the norms of society even though they only make up roughly 1% of the population and anyone who does not comply with the set norms will be targeted. Compared to the groups who are considered normal those who go against societies normality will be subject to incarceration and criminalization (D’Alessio&Stolzenberg, 2003). When a black woman is a victim of rape and she has a strong and independent personality that is different from the gender norm decided by the 1% she is blamed for her attack and looked at as promiscuous because she is going against society. Because she is not submissive and dependent she is looked down upon and targeted by those observing who are complacent to the behavioral norms. A victim being blamed and victimized for her rape just because her personality and behavior is not what the wealthy have considered acceptable is and example in how the legal system gains control over the different …show more content…
There may no longer be whips and plantations and slave auctions and everyone now not matter what color is a free human being but the oppressive mentality is still around. Racial microagressions are an every day issue for people of color, they experience insulting and racist remarks in every aspect of their life and are constantly reminded that they are different and they are not what societies elite has determined to be normal. In a country where everyone is welcomed to come and make a new life for themselves here regardless of race they are faced with constant reminders that they are different and do not belong (Sue et al. 2007). Even within this countries criminal justice system that is put in place to keep everyone safe and treat everyone with equality the color of your skin could be a life’s sentence. Black women who are victims of rape would rather live with mental torment that comes after experiencing a trauma like rape than risk being humiliated and stereotyped by the authorities, the people who are supposed to keep us safe. Not only do black women have to deal with the oppression and inequality that comes with the color of their skin the sexism and victimization of being a woman is also something they have to face. The gender dominant
However, there are still those who are racist and discriminate against people of different color. Even if slavery had ended and people may not talk about it much openly, racial caste and discrimination still goes on in the modern times. From the article, The New Jim Crow by Michelle Alexander states how America has entered the era of “post- racialism” which is said to be the colorblindness era. Alexander states how racial caste is still alive in America and just merely redesigned it. It is those who are poor and colored that “amount to a new caste system- one specifically tailored to the political, economic, and social challenges of our time. It is the moral equivalent to Jim Crow”. The problems with police brutality, drug war, and the expansion of the America’s prison system all got to deal with those who are poor and colored. People of color are more likely to get the racial profile and abused by the police, even if they didn’t do anything wrong. They become labeled as “criminals” and then become part of the practice America has left behind towards slaves. The person of color labelled as a criminal have all their rights taken away from them like a slave. This interferes with their employment, housing, denial of having the right to vote, and excluded from jury
As it is in the case of the majority of violent crimes, (Davies and Rogers, 2006) perpetrators of violent crimes, and especially sexual assault related crimes exert additional force by threatening the victim or their families. Male victims also must contend with an additional sense of shame and embarrassment in being identified with a crime that has been typically portrayed in the media as happening to women. This places men at a disadvantage in the reporting process, because their safety and the safety of others is compromised further if the crime is not reported. (Messerschmitt, 2009)
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “it would do some women good to get raped,” from a historical perspective, lead us for better understanding how they evolved. Women are still seen as the property of men, are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men are usually more aggressive, and women are seen as passive. (Vogelman) This socialization process is changing, but slowly.
Race does have a role in wrongful convictions especially when it comes to sexual assaults. The criminal justice system, unfortunately, has a lot more work to do when it comes to making sure the right people are being punished for crimes that they commit. The criminal justice system needs to make sure potential suspects are not being coerced or tricked into falsely confessing. When it comes to eyewitnesses, their confidence levels should be tested frequently as well as making sure estimator factors are being taken more seriously. If a witnesses’ confidence level is not high, then their identification should not be the only thing convicted someone. Societal norms will always create labels and strains for people who are not living up to standards
Essentially, victim blaming is the blaming of victims for the crimes committed toward them and it is a malicious act which aids in the perpetuation of rape culture. Victim blaming, according to The Canadian Resource Centre for Victims of Crime, has numerous negative effects for victims and for others. Victim blaming causes victims to become withdrawn and not want to report future crimes because they are fearful that they will be victimized further (George). These victims also are more stressed and worried than before their attacks. According to table 1 (Lila): depressive symptomatology (symptoms of depression), stressful life events, the lack of intimate social and formal support, and low self-esteem all contribute to an increase in self (victim)
In the male typologies there are separate categories for child molesters and rapists, which is largely due to fact that they offend in very different ways. However, for the female typologies there is no such distinction, because all except one of the typologies have victims who are on average less than 15 years old (Vandiver & Kercher, 2004).The Aggressive Homosexual Offender is the only typology with an adult offender, however the victims are female (Vandiver & Kercher, 2004).The lack of a typology for female offenders with male adult victims could be due to certain factors playing a part in society. In particular, in today’s rape culture there is the belief that women cannot physically rape men. One reason why this belief is held is because society views women as physically weaker than men and are unable to overpower men. The male sex drive discourse also adds to this belief if men can never refuse sex than they essentially can never be raped. This belief has various problems for both men and women. The lack of a typology that includes adult male victims minimizes and ignores real men that were victimized by women. Not including men in the victim analysis sends the message that they are not ‘real’ victims. In contrast to that, since these victims are not seen as ‘real’ victims, the female offenders are not seen as ‘real’ offenders. By
Davis stated that racism draws strength from the ability to encourage sexual coercion. Black women, who were rape victims, receive little sympathy from law enforcement and judges. Not only because of racism that has grown over time against black men, but black women as well. Since black men were categorized as rapist, black women were suggested to be loose and promiscuous. Since black women were suggested to be whores and sexual immoral, their cries of rape went unheard because they lack legitimacy in a society that believed men were provoked to acted in a natural way. Davis believes that the creation of the black rapist was used as a scapegoat in order to veil the true problem of black women being sexually assaulted by white men. A historical feature of racism is that white men, especially those with money and authority, possess an indisputable right to access a Black woman’s body. Davis also stated that the institution of lynching complimented by the rape of Black women became and essential ingredient of postwar strategy of racism. Lynching and the labeling of black men being rapist and raping black women for being promiscuous, both black men and women were able to be kept in check. By following the mainstream population, people fell into the trap of blaming the victim. Unfortunately a consequence was that blacks has to endure the punishment of lynching and black women were blamed for being victims of sexual
Rape culture has been an integral part of American society from the birth of our nation until present day, and since has become normalized. The desensitization of rape culture and perpetuation of the ‘blame the victim’ ideology has permeated our society since the beginning, from articles in newspapers in early American history, to the rise of Hollywood films, and now, online platforms. These detrimental ideas have become increasingly popularized since the rise of social media and since have created a toxic environment for the victims of such instances; warping their perception of self, and leading the victim to place the blame on themselves.
Individuals might also derogate victims by using the attribution of blame mechanism of moral disengagement. Attribution of blame portrays the aggressor as a faultless victim driven to harmful conduct through forced action (Bandura, 2002). For example, some rapists suggest that the victim was “asking for it” by the way she dressed or acted.
The defining aspect of a rape culture is often the blaming of victims. Too often victims are confronted with a line of questioning that shifts focus from the perpetrator of the sexual assault, but on the victim. In the book Asking For it by Kate Harding, she explains, “if rape is the violation of a person’s autonomy, the use of another person’s body against their wishes, then it shouldn’t matter what the victim was drinking, how much sexual experience she had before, and the signs of struggle on her body.” This trend of blaming victims also occurs on college campuses. Many college counselors tasked with the job of representing and protecting students use language to suggest the victim is somehow at fault.
Rape is a form of victimization that is highly underreported. The crime of rape has been denied throughout the ages. Women were believed to secretly desire the prospect of being raped. In addition, there was even the belief that rape was not possible (Pilkington, 2011, Lecture Unit 4). In some ways, this denial of rape has continued within our society. Denial about victimization has only added to the negative feelings rape victims have and why they choose to let their victimization go unreported. Not only do rape victims suffer due to their victimization but they also face the possibility of being scrutinized for “lying,” even when the victim is telling the truth. The fact that individuals have lied about being raped and the fact that such claims gain the attention of the media has stigmatized that way of thinking. To put it bluntly, all individuals who claim rape are viewed as liars, which is obviously not true. In turn, it makes it very difficult for rape victims to come forward about their victimization out of fear of scrutiny and humiliation.
Based upon the studies reviewed, men are more likely than women to participate in victim blaming. This may be due to women, frequently being perceived as victims, which in turn, causes women to feel greater empathy for victims (Hayes, et al., 2013). Further, being a victim of bullying decreases the likelihood of later victim blaming (Garland, et al., 2017). These studies remind us of the importance of being aware of falling for behaviors that result in victim blaming, such as rape
Victim blaming is “a social and psychological phenomenon wherein the fault in a crime (rape, robbery, assault) is attributed to the victim. The victim is regarded as partly or completely responsible (to blame) for the accident or trauma. These are but forms of rationalization and coping mechanisms in an attempt to distance one's self from the victim and the problem” (Psychology Dictionary). There is a reason a psychological dictionary offers a definition of victim-blaming at all - it is because there exists a psychological reason why human beings engage in victim blaming.
A writer from Southernct stated a fact that “ men, women, and children of all ages, races, religions, and economic classes have been victims of sexual assault. Sexual assault occurs in rural areas, small towns, and larger cities” ( “Southernct” 1). We have all seen on the news a case where a female has been raped and somehow the world makes us believe that it was her own fault that it happened. This is due to victim blaming. Victim blaming occurs when the victim of some sort of crime or wrongdoing is held partially or fully responsible for what happened to them. It is not always easy to identify though. Some people would be considered to be victim blaming over every day situations in life. For example, someone making the
Assigning blame has become an increasingly difficult and complex concept to understand, especially in our legal court system. I associate blame with being held responsible for the consequences of one’s intentional actions. In regards to sexual assault cases, I think the blame should not be placed on the victims, but rather on the perpetrators. Victim blaming justifies the perpetrator’s actions, discourages sexual assault reportings, and can have psychological effects on the victim.