Is the Criminal Justice system racist? This question has been asked many times by people of many colors. According to Mac Donald (2008), the criminal justice system is not at all racist. The article depicts arrest rates of both whites and blacks and compares statistics on these arrests. It looks at the number of whites and the number of blacks in jails and prisons. In this critique, we will be looking into this article to see these points in which Mac Donald states proves that the criminal justice system is, in fact, not a racist one.
It has been said that the criminal justice system is a racist system because blacks are incarcerated at a much higher rate than whites. Many people want to know why. The race industry will proclaim that it
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15). The percentage of black males (in jail or prison) between the ages of 20 and 34 is eleven percent. These statistics are not always acknowledged by advocates. The advocates will blame it on bias of those who make the decisions regarding arrests, and sentencing.
Mac Donald (2008) looks at the idea that cops over arrest blacks and ignore the crimes that whites commit. However, the races of criminals that are reported by the victims do in fact match arrest data. According to a research study as far back as 1978, “a study of robbery and aggravated assault in eight cities found parity between the race of assailants in victim identifications and in arrests--a finding replicated many times since, across a range of crimes” (Mac Donald, 2008, p. 15). It does not make sense to think why crime victims would be biased in the reports they give to the police.
Mac Donald next explains how advocates say that this “bias” is not only with police and who they arrest, but also moves up the law enforcement chain. They believe that judges and juries must also be biased. Advocates state that judges over sentence blacks and give them stricter and longer punishments than whites would receive for the same crime. However, in 1997, criminologists Robert Sampson and Janet Lauritsen concluded differently. After massive amounts of reading and studying information and statistics regarding charging and sentencing, they concluded that "large racial differences in criminal offending,
Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are
Although saying the criminal justice system is racist is a controversial statement, there is evidence and statistics that prove it to be true. Research and evidence validate the issue of racism to be undeniable. Equality and justice are out of reach with the racism that takes place in our criminal justice system and our country. Racial discrimination is prevalent amongst the African American culture in issues regarding drug use, and incarceration which creates unfair inequality for this race. I will use peer reviewed articles to verify the racial disparity in the criminal justice system.
There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.
In today’s society, discrimination continues to affect millions of minorities from inappropriate name calling to being shot by a law enforcement officer because you were perceived to be dangerous. The underlying effects of racial discrimination are seen in all aspects of our society, especially in our social institutions. These social institutions range from the educational system to our government, yet racial discrimination is more evident in the criminal justice system. When analyzing how the criminal justice system discriminates against minorities we are able to do so through the visible disparities within the system. Unfortunately, these disparities display African Americans having the highest population rates in the criminal justice system, therefore, we can immediately conclude this disparity in population is due to the injustices conducted by the system. Thus, there is a need for urgent change not just within the criminal justice system but within all social institutions beginning with our government. This change should create greater opportunities for minorities to enter the political field in our government as well as promoting higher participating in voting. Yet, the criminal justice system within all its aspects practices discrimination due to its deeply interwoven prejudice, institutional racism, and socioeconomic status.
While both sides of this deeply entrenched controversy substantiate meaningful claims, neither of their arguments is exhaustive, although Walker, Spohn, and DeLone’s case is much more convincing. African American arrest statistics are best understood as the convergence of both a somewhat higher incidence of crime as well as racial discrimination in the criminal justice system. Although higher incidence of crime may initially appear to justify higher arrest rates, there is significant evidence demonstrating that not only is African American crime exaggerated by a racially discriminatory criminal justice system (one of the products of which is disparate arrest rates), the greater crime rates in and of themselves are a result of economic inequality.
The existence of racial disparity and structural inequality within the criminal justice system renders the concept of true justice for all unobtainable. The statistics of convictions and prison sentences by race definitely support the concept that discrimination is a problem in the justice system as well as the insignificantly number of minority judges and lawyers. There are a multitude of circumstances that influence these statistics according to the “Central Eight” criminogenic risk factors. The need for programs and methods to effectively deter those at risk individuals has never been greater and the lack of such programs is costing society in countless ways.
Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).
Racism in police treatment of minorities has created great disparities in incarceration amongst the races. Blatant cases of racist law enforcement that are covered in the news are a testament to the fact that racism within police departments exists from coast to coast. However, these are only the cases that people find out about; there are countless other cases of police racism and brutality that are not reported.
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.
In one lecture we talked about explanations that could account for racial disparities, the first being that African-Americans and Hispanics could have commit more serious crimes, second being economic discrimination like not being able to pay bail, and third being direct discrimination by court officials like judges (Loes, 2016). On one slide of the lecture that day there was a quote from a judge that showed some unconscious bias and racial discrimination. Again I think this is something that shows some slight racism in the criminal justice system. Another thing not mentioned in the article was research relating to discrimination in the criminal justice system, as talked about in a lecture from the 1930’s to the 1960’s research did show racial discrimination (Loes, 2016). Another thing that would show some racial discrimination would be the history surrounding policing and how the first police officers we known as slave patrols (Barlow & Barlow,
There is a very evident problem with racism in the United States Criminal Justice System. Society chooses to ignore this problem because many do not think they are a part of it. What they do not understand is they are a part of society, therefore a part of the problem. Even if a particular person is not doing anything to cause this problem directly, they are not helping the situation either. Society has to become aware of this issue and stop pretending as though it is something that will go away on its own. Others need to become aware of this issue so they can not only make others aware, but so they can find out the exact source of the problem and how to fix it before it is too late. The United States is supposed to be a free country where people feel safe, yet there are issues still happening today that people like Martin Luther King Jr., Rosa Parks, and others fought and risked their lives to change. Society likes to look back on history and say that things are different and the country has come so far and that everyone is equal. However, today’s news and statistics show that is not the case at all. If we do not take action now, we will be right back where we started. Many races are not treated fairly by citizens of this county and even the United States Criminal Justice System, especially African Americans. Nationwide, African Americans are stopped, searched, arrested, and incarcerated at rates much higher than people of other races.
Incarceration rates are a definite proof that racial discrimination occurs. “Incarceration rates in the United States have risen sharply since 1980”, stated Filip Spagnoli, “the racial distribution of inmates in the U.S. is highly negative for black Americans. Whereas they only make up 12% of the total U.S. population, they represent more than 40% of inmates”
I believe the Criminal Justice System to be racist because in the text from “what it’s like to be black in the Criminal Justice System.”It says “all black men’s sentences were, on average, ten percent longer that those of their white peers.” This is telling us that ten percent more of blacks are going to jail, while whites who do the same crimes will not be sentenced as long. This isn’t right at all, if blacks have to be in jail for a long time, white’s who do the same thing should be in jail as long as them. Everybody, regardless of race and religion, remain equal and deserve the same thing, either a warning or time in jail, for a crime they both did, instead of one getting let off, while the other goes to jail.
The Criminal Justice System in my opinion is very racist. It’s a lot of reasons on why you can prove that it is racist , This is facts why they are .
Controversial cases such as Trayvon Martin, Oscar Grant, and Sean Bell made national attention within the recent years, all three held overwhelming facts and evidence but still finished with either an unjust verdict or sentencing and another young African American 6-feet-under. How about the facts that two-thirds of the people in the US jail system with life sentences are non-white (Quigley)? Declaring that the US criminal justice system is racist may be politically controversial but the numbers don’t lie. Conversely, some believe that the facts do not represent a “racist” criminal justice