Racial discrimination in the US judicial system has been a much studied subject. Within the past 15 years there have been several cases in our country that undisputedly point to law enforcement making decisions based solely on race. It is difficult to determine if these isolated incidents are a mirror of the system as a whole or products of individual free will. The fact that there are many different points in the court process where discrimination can happen is a main issue with trying to determine if any single group is favored in the judicial system. Statistically, 44% of the US prison population is black as of the 2000 US Census. The remainder population is made up of whites, Hispanics, and others. (1) But is this disproportional population a result of African Americans committing more crimes than other races, or is it due to minorities being targeted by law enforcement? By taking a detailed look at each step in the process it is possible to dissect the system as a whole and make an informed decision on the role of racism.
When an officer begins to investigate a possible crime, there are many factors that propel the progression of events. Everything from location to the attitude of people involved to an officer’s previous experience determines the outcome of the investigation. One very recent incident near Harvard University is a prime example of these elements coming into play. On July 16, 2009 Harvard Professor Henry Gates, Jr., an African American, was arrested by white Sgt. James Crowley. In his report, Sgt. Crowley stated that Gates was arrested “after being observed exhibiting loud and tumultuous behavior, in a public place, directed at a uniformed police officer who was present investigating a report of a cr...
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...Commission attempted several times to reduce the discrepancy, basing the change on the scientific approach that crack and powder cocaine have the same chemical makeup. Thus far, the 1988 Act has yet to be reworded. Many attorneys have found ways to circumvent the system by working out plea bargains for lesser charges for cooperation with authorities. In the 2005 case of US v. Booker, the Supreme Court determined that a judge can only base a sentence on prior convictions and facts presented at trial. This also gave federal judges the right to sentence criminals outside of the Federal Guidelines range, as long as the court can explain “why a sentence outside of the Sentencing Guideline range better serves the relevant purposes set forth.” (6) Even though the racial discrepancies between crack and cocaine still exist, the debate on rewriting the laws continues.
The criminal justice system is united under one basic law body, in which no racism is present. Personal beliefs and anecdotes prove nothing, the criminal justice system isn’t racist. Although it may seem African Americans are highly discriminated upon in the justice system, there is ample amounts of data to prove otherwise. The criminal justice system is united under one basic law body, in which no racism is present. The system is not to blame for the racial differences found in the United States criminal justice system. The racial issues found in the system are due to inner city isolation and common crime patterns involving drugs even if it may seem as if the system is racist.
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 representation in death row proves that justice system consistently shows bias, primarily through crime victim treatment. Though originally the Supreme Court
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
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
Sampson, Robert J. and Janet L. Lauritsen. 1997. "Racial and Ethnic Disparities in Crime and Criminal Justice in the United States." Crime and Justice 21:311-74. doi: 10.2307/1147634.
Racism in American society plays a part in the manner in which the judicial system operates. The American prison population is larger than at any time in the history of the penal system in the world.” Nearly half of the more than two million Americans behind bars are African Americans. These statistics are well known and frequently cited by white and black Americans; for many they define Black humanity”. (Ryan D. King, 2010) Since the end of slavery African Americans were believed to be prone to crime and in general a menace to American Society and are to blame for this disparity. While this minority population has broken the law and deserve retribution they are ultimately products of their environment. In a study conducted as early as the late 20’s concerning minority crime. Thorsten Sellin’s research in “The Negro criminal”; a statistical note (Sellin, 1928) put it in perspective. “the stigmatization of crime as “black” and the masking of crime among whites as isolated failure, was a practice of discriminatory views by a majority white population. “The practice of linking crime to blacks, as a racial group, but not whites, he conclu...
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.
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system.
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
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.