The justice system in America is racially biased. A study in 2006 said “...about one in 33 black men was in prison, compared with one in 205 white men and one in 79 Hispanic men” (Mac Donald, 2008). However, in order to determine this, one must consider both sides of the situation. In olden days people weren’t thought of as equal. Someone was always being looked down upon, whether you were black, a woman, poor, or worse, all of the above. It is 2017 now we should have already moved completely past that. Granted that everyone is biased in some way, whether they mean to be or not, it is still due time that we proceed on from all of that. The justice system should serve it’s purpose to punish people who are committing crimes. A person using
The Mass Incarceration in the United States is a major topic of discussion in our society and has raised many questions about our criminal justice system. There are few topics disputed as much in criminal justice as the relationship between race, ethnicity, and criminal outcomes. Specifically, the large disparities that minorities face regarding incarceration in our country. Minorities such as Hispanics and African Americans are sentenced at far higher rates than their white counterparts. There are multiple factors that influence this such as the judicial system, racial profiling by law enforcement, and historical biases (Kamula, Clark-Coulson, Kamula, 2010). Additionally, the defendants race was found to be highly associated with either a jail or prison sentence; with the “odds increasing 29 percent for black defendants, and 44 percent for Hispanic defendants” (King, Johnson, McGeever, 2010).
The American Justice System, once seen as a model system of how every justice system should be around the world. I believe the American Justice System is more broken than ever. A reason I believe that is because of all the cases involving African Americans being killed by police officers, and that the media portrays them negatively when they are just doing their job.
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
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).
At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).
America’s Criminal Justice system, it keeps America safe and the criminals at bay. Without any sort of criminal justice system America would be complete chaos. People would commit crimes because there would be no consequences for their actions. However, our laws didn’t just appear out of nowhere, they were created and molded to colonial America.
Hispanics/ Latinos, African Americans, Asians, and White Americans have all raised concerns in the criminal justice system. However, has the United States internalized bias sentencing? During the past years criminologists and criminal analyst from all walks of life have researched if this was true. An article written by Ed A Muñoz and Adrinne B. Freng tries to show that researches have tried to explain disparities in
Over time and even in today’s society laws are being made over history concerning the equivalent treatment, however this social equality emergency appears like the criminal framework does not take after its own laws. There are more African American guys and imprisoned than Hispanic or White guys. According to the Bureau of Justice Statistics in 2010, the Black male imprisonment rate
Research shows that African Americans and Latinos have been the victims of racial profiling by the criminal justice system. African Americans and Latinos are at a higher risk of being arrested, prosecuted and sentenced that Whites. The main cause of racial disparities occurs because law enforcement agencies believe that African Americans and Latinos are at high risk of engaging in crime and violence. During prosecutions and court hearings, the jury and judges give harsher sentences to minority groups. As a result, minorities view the criminal justice system as unjust since it favors whites. This research paper reviews relevant literature to show white privileges and racial disparities in the criminal justice system. Additionally, the paper provides linkages between racial disparities in the United States criminal justice system and the law. In this regard, the main objective of the research paper is to give detailed insights on racial discriminations in the criminal justice system.
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”
The right to a trial is one of the intrinsic elements of the American criminal justice system for more than two centuries. In its mandate to regulate government power to judge people accused of transgressing against the laws of the society, the mechanism of the jury allows the citizens themselves to determine the guilt or innocence of the person. Though juries have generally served a vital function in the criminal justice system, the reputation of the jury system has come under fire over the past several years.
There is no doubt that America’s history in the justice system has been a complete rollercoaster. The U.S. court system, has developed major changes implementing the law due to impermanentvalues and morals; changes in which shape the system we enforce today. Although the outcome always outway the process of how laws come into place, it is important to press knowledge into newer generations about what and who is responsible for these drastic changes. Sadly, many key leaders and events seem to be forgotten when there is no memorial or monument to reflect their impact within the justice system. Memorializing keyleaders and events is important in helping not only their impact stay alive, but shape the direction the justice system will go in the
For the Past 200 years the American Judicial System has been in effect and has served its country well but not always at its best. Over time we have learned to interpret the law in new ways that have benefitted the courts positively and negatively. From the origination of the British legal system to the civil law tradition of Germany, what more can the American courts learn from their counter parts in civil law countries? Are there features of the civil law system that we might adopt? Are there American legal institutions and practices that prefer civil law approaches?
Coupled with lots issues seen in our county today, racial discrimination is an enormous struggle which happens day to day. A subtopic to this type of hitches precisely would be how blacks are discriminated against in the criminal justice system. This argument is very usual against Whites against the minority of America that is African Americans and the Latino community, which has recently been making several captions on the news. This is as a result of the frequent happenings hence the citizens who are less affected by this critical matter have not done something to amendment the system. This evident that people have sat back and ignored the fact that Latinos and Blacks in particular have been so mistreated by the government’s criminal justice system. According to researchers, a recent study conducted explained that 58,000 of the same federal crimes committed by both Whites and Blacks, where nearly about 60 percent of African Americans were detained and given longer verdicts than the Whites that committed the same crime. According to Crutchfield, Bridges and Pitchford, who wrote ‘analytical and aggregation biases in analyses of imprisonment’, it is said that some have credited high black incarceration charges to variances in the legal system’s handling of white and black offenders. In an average serving time in the United States, Whites receives just 38 months; at the same time for the same crime the regular serving time given for the Blacks was about 60 months. Even