Power Of The Law And Intimidation

The racial bias against McMillian is shown in his interactions with the law enforcement, who would often yell racial slurs at McMillian (Stevenson, 2014, p. 48, 55). Another example of racial bias against McMillian is the exclusion of African-American jurors from his trial, although there were few black jurors to begin with because the case was moved to a county with a negligible African-American population (Stevenson, 2014, p. 60, 62). These two examples show the mistreatment of African-Americans in the American justice system and the manipulation courts perform to convict accused African-Americans – even when they are innocent.

The practice of targeting individuals for police investigation based on their race alone in the last few years has been an increasingly prominent issue in American society. Numerous magazines, newspapers, and journals have explored the issue of race-motivated police actions. Recently, the ABA Journal did a study of New Jersey and Pennsylvania traffic stops from 1998 to 2001, concluding that black drivers were more likely to be pulled over and arrested than whites. The study also delves into the legal ramifications of the 1996 United States Supreme Court ruling in the Whren v. United States case, which held that police officers subjective motivation for stopping a motorist on the

"Racial profiling” can hold a variety of meanings. As defined by the American Civil Liberties Union, however, racial profiling is "the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual 's race, ethnicity, religion or national origin" (“Racial Profiling”). Every day, blacks are stopped much more frequently for aimless searches and minor infractions than their white counterparts. Several African Americans share experiences like these, such as Roscoe Van Pelt, who was violently snatched off the street and crammed into a squad car after the ludicrous crime of jaywalking (Walsh). A more extreme example would be the case of Sandra Bland, who was brutally beaten following failure to signal a lane change (Schuppe). Incidents like these occur far too frequently in black communities, all for the color of their skin.

Can racial bias have an effect on the verdict of being guilty or innocent? The American judicial courtroom has been comprised of the nation’s many greatest racial discriminatory cases over the past century, but the most racially upstanding case, when referring to Harper Lee’s To Kill a Mockingbird includes The Scottsboro Trials. Both stories uprise in the 1930s, displaying a white supremacist mindset, which two cases fall into the conviction of rape. The Scottsboro case started on a train to northern Alabama to southern Tennessee, when nine African American boys, ranging in ages from 13-19, allegedly raped two “innocent” Caucasian women, Victoria Price and Ruby Bates. Racial discrimination uprises in American judicial system when shown in To Kill a Mockingbird and The Scottsboro Trials through the racial prejudice within the jury in the courtroom, easy accessibility to target African Americans, biased accusations, as well as the social pressure to serve in one’s defense.

Because of the color of her skin, Sandra Bland was unlawfully detained, which was not uncommon in this city. Trooper Encinia, the officer who made the initial traffic stop and arrest, committed an unlawful arrest and failed to correctly do his job, and is now being indicted on a perjury charge because of it. In the video of the traffic stop, Bland repeatedly asks the officer why he was trying to detain and arrest her, but the only response the trooper gave her was “I am giving you a lawful order,” (Hassan and Yan). Though the event was unlawful, it was argued that the incident was not driven by racism. However, Trooper Encinia has worked with some that have committed unlawful acts that were driven by racism: Sheriff R. Glenn Smith.

Traffic enforcement polices have had major complaints from minority groups, specifically African Americans for being stopped due to the color of their skin. The term “driving while black” is a recurring theme among African Americans. Walker and Katz (2013) have stated, “The African American community has long been the major focus of police-community relations problem”(p, 379). Police-community relations is an

Law enforcement officials often confront situations where it’s an almost certainty that illegal activities are taking place despite not having sufficient resources to investigate every possible perpetrator. Research on race and vehicle stops by police show that African American drivers are disproportionately stopped in traffic by police for driving violations (Kowalski & Lundman, 2007). The reason is because law enforcement officials use characterizations or

The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many

The Constrained Court model created by Gerald N. Rosenberg, proves that the courts are weak, powerless, and ineffective for change among race, class and gender ideologies.. Using Lisa Frohmann’s article, Convictability and Discordant Locales; in which she is ‘reproducing race, class and gender ideologies in Prosecutorial Decision-making’. Frohmann uses ‘discordant locales’ as a bridge to describe how prosecutors work in sexual assault cases. Rosenberg and Frohmann demonstrate that the courts are not effective unless they overcome these constraints, set in the constrained court model. According to Rosenberg and Frohmann social reform is nearly unachievable, through the district attorney and victim cross examination interview and jury assumptions. As Rosenberg specified in order to establish social reforms the following constraints; limited nature of constitutional rights lack of judicial independence, judiciary’s lack of power implantation and inability to develop appropriate policies need to be eradicated.

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.

The topic of whether or not there is racism in the legal system is becoming increasingly debatable among certain groups. The obvious evidence that has been glaring in the faces of the public for decades says it all: the criminal justice system is, and always has been, swayed by racism. Despite this, the opposing side of the argument - which mostly consists of privileged whites – diligently argues that racism was outlawed decades ago. There are also African Americans who are unaware of how their race is constantly being oppressed. However, the younger generation is quickly becoming culturally and politically woke and passing on the knowledge. Although racism is not explicitly stated in the law, racists are still hiding behind the supremacy of the country. White policemen have went as far as mindlessly killing young black people and claiming it was done out of self-defense. White judges will find loopholes in the legal process when dealing with an offense committed by an African American. They are targeting African Americans and punishing them more harshly than the white people who commit crimes.

Similarly, there is need to examine whether race plays a role in determining if one is convicted or released. This is because an all-white bench convicted Hunt, who is of African American descent, of a crime he did not commit. Whether racial prejudice plays any role in our criminal and justice system needs critical examine since the law should be fair and equal before all. A non-discriminative judicial system will enhance public trust and eliminate cases of wrongful conviction.

In Brian Withrow's article on driving and race-based profiling, we get insight on the potential theory on why some races, usually the minorities, are shown with racial bias and discrimination. A brief description of what race-based policing is, how the practice was measured, and how it compared to recent studies are included within this article. The author's main argument is that beneath the appearance of racial bias and profiling, there are more factors in play other than that of one's race or ethnicity that determines how and if someone should be investigated. One finding that Withrow came across was that the population of a beat correlates with the patrol deployment within a city since the demand for police resources are not equal throughout

It would be foolish to assert that gender plays no role in the criminal justice system, just as it would be equally foolish to say that race plays no role in this system either. Covington and Bloom cite the work of Kivel (1992) in reminding all that "Where sexism is prevalent, one of the gender dynamics frequently found is that something declared genderless or gender neutral is, in fact, male oriented. The same phenomenon occurs in terms of race in a racist society, where the term "race neutral" generally means white" (2003). The criminal justice system reflects the needs of men and the values of men in a highly patriarchal society; the issue becomes more complicated when some scholars argue that women should fight for equal rights in all areas of life, including the criminal justice system, arguing that while equal treatment might hurt women in the short run, in the long run, it's the best policy for women (Covington & Bloom, 2003). On the other hand, opposing groups argue that women are inherently different from men and that insisting on equality will always create a situation where women lose out (Covington & Bloom, 2003). This debate creates an uncertain situation about how women should be treated in the criminal justice system and whether gender should play a role accounting for differential treatment.

Having a diverse bench is critical to having a successful criminal justice system. The United States court system follows a presumption of innocence, meaning those who enter a courtroom are presumed innocent until proven guilty. This presumption of innocence is not always found in the courtroom. Every courtroom actor, whether consciously or unconsciously, has a bias towards the defendant and may even presume guilt before the case begins. This is especially true when there is a white judge acting on cases involving a defendant who is a part of the minority. Judges who represent the minority are not only unbiased towards defendants of their own race, but they also bring new perspectives to the bench (Haire & Moyer, 2015). They present ideas, understandings, and