Matt Taibbi’s The Divide uses extensive research and data to contradict the American idea of a nonpartisan justice system. Taibbi presents us with controversial statistics: While poverty increases, crime decreases, and the jail population has increased 600% since 1991 (page xvi). On the surface, our justice system may seem impartial. However, Taibbi reveals a more biased American court than one may expect. Following this further, Taibbi states while many are being prosecuted, others are not. In Taibbi’s introduction, he argues that where you are raised determines your future. This argument is inaccurate due to the fact many people have overcome socioeconomic challenges. However, the environment where one resides may affect their success;
While looking at the massive number of people incarcerated in the United States, it is easy to see that a major disparity presents itself when looking at the races of those incarcerated. The numbers are astonishing: “Though African Americans and Hispanics make up approximately 32 percent of the US population, they comprised 56 percent of all incarcerated people in 2015” (“Criminal Justice Fact Sheet”, n.d.). These questions arise: Is our criminal justice system discriminatory? Or, do minorities actually engage in more crime than whites? The statistics are clear:
Throughout the riveting and eye-opening memoir, Just Mercy, by influential lawyer Bryan Stevenson readers are given a real insight on the predominance of racial minorities on crime sentencings. He opens up on the taboo topics of prejudice and sentencing the poor and weak simply because it’s convenient. This is re-affirmed through New York Times article by Shaila Dewan, “Court by Court, Lawyers Fight Policies that Fall Heavily on the Poor,” where she point blank states “[the justice system] is waging a guerilla campaign to reserve what they consider unconstitutional practices that penalize the poor.” In addition to both of these sources, the video “Keeping the Poor Out of Jail” by Kassie Bracken and Jessica Naudziunas, two Harvard law school students, upholds the same beliefs about inequality as they take on local justice systems and current policies targeting the poor. Although the fourteenth amendment states no state shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws poverty remains to be an exception to some degree. Those living in poverty lack the same equality as the rest of the US, not being given fair chances in trials or overly punished for their lack of resources. There needs to be an improvement in our justice system so we can eliminate the injustice on the impoverished, whether it be a more involved state-provided lawyer or an adequate, unbiased, and
Published in 2014, Matt Taibbi’s The Divide: American Injustice in the Age of the Wealth Gap explores the topic of income inequality and its relation to the criminal justice system. The Divide is in essence trying to capture the seemingly unwritten rule that different levels of wealth produces different treatment within the criminal justice system. The Divide explores this topic is several ways, first by investigating and exposing the corrupt business practices of investment banks and bankers during the 2008 financial crisis in America and subsequent time periods. The Divide explores the end result of these crimes, which ended up crippling the American economy and defrauding the American people. According to Taibbi, the end result was that a majority of these crimes were treated like administrative violations , as oppose to criminal violations, by the Justice Department and resulted in monetary fines as punishments and almost zero criminal charges filed. On the other hand, Taibbi examines how poor Americans, often Hispanic women or African Americans, are
Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.
America has the highest incarceration rate in the entire world, surpassing countries like China, Russia, and the United Kingdom. Though the United States is home to roughly a small percent of the global population, it holds at least a quarter of prison inmates. And the decreasing rate of incarceration appears to be underwhelming in the circumstances of the last few decades. In his book, Mass Incarceration on Trial: A Remarkable Court Decision and The Future of Prisons in America, Jonathan Simon, who is a professor of Law at the University of California at Berkeley, explores the policies that led to the mass imprisonments rates through the stories of prison conditions in California. Simon examines California court decisions by using Brown vs
“Beginning in the 1970s, the prison population began swelling, climbing steadily through 2009. Now, this nation imprisons more of its residents, 2.2 million, than any other.The United States jails a quarter of the world 's prisoners, although it contains only 5 percent of the world 's population. The statistics are sobering for a republic that celebrates justice, fairness and equality as the granite pillars of its democracy. (Walsh, 2016).” The underlying foundations of America 's mass-imprisonment arrangements are tangled ever, legislative issues, social clash and imbalance. It 's a pretzel-rationale maze, and to fathom it or even disentangle it, investigators say, will require clearing, head-on changes. However, those early endeavors in the long run exploded backward, Hinton said, throwing “ "low-income youth — whose families are on welfare, who live in public housing projects, who attend urban public schools, and who have family members with arrest records — as potentially delinquent." ( Walsh, 2016). With regards to the criminal equity framework, examiners say that lessening imbalance essentially would require an update of the country 's sentencing framework, better preoccupation and avoidance programs, jail changes, more successful policing arrangements and preparing, and complete support for previous detainees attempting to shape stable lives. The prison system is unfair because of the mass incarceration of blacks, the war on drugs, the population and the prison
The author of this article is Cornelia Grumman won the Pulitzer Prize in 2003 and found the organization the First Five Years Fund where she advocated for stronger federal policies. The audience she could be targeting would be the government to create stricter guidelines when imposing capital punishment. The purpose of this article is to give awareness of how race can create bias factors in the justice system. It has been commonly seen
A large reason for the writing of this book is that there is currently not much research concerning or call for a criminal justice reform. According to Alexander, the main goal of the book is to “stimulate a much-needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States” (2012:16). Another premise for this research is that it is no longer socially correct to use race to discriminate against people, so Alexander argues that society as a whole is now
American prison systems encompass all three spheres of criminal justice: law enforcement, judiciary, corrections. Within this system, a massive problem exists. America is known as the “mass incarceration nation” (Hamilton, 2014, p. 1271). Comparatively, the United States encompasses the majority of global prisoners, yet the population is nowhere near that proportion. Just how “free and equal” is this system? Since Gideon v. Wainwright, the racial divide in the criminal justice system has grown, which is contradictory to its intentions. The American criminal justice system has failed to provide the justice and protections it promises. There are many injustices caused by the mass incarceration of American citizens, especially those of minority descent. More harm is done by incarceration to the individual, their community, and the nation, than if other forms of justice were used. The criminal justice system is divided, with racial and income disparities defining the nation in way never intended.
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
As stated in the beginning of this paper, I have always been aware of the “favoritism” in the justice system but this has help me develop a more logical understanding of it. I have also come to realize that my brother was apart of that favoritism because he is white. While writing this paper, I’ve experienced many emotions. Those emotions ranged from sadness to confusion to anger.
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).
When we think about prisons, jails, and courthouses, our minds are meant to draw a connection to cold, hard, justice and fair punishments for guilty and deserving parties. Yet, in our judicial and prison systems around the world, this idea is nowhere close to reality. From inhumane punishments, to mass incarceration, and “trapping” people in the system based on race or financial status, justice is far from being served.
Racism has a huge impact on society to this day. The greatest wrong doing in the U.S criminal justice system is that it is a race based organization where African Americans are specifically focused on and rebuffed in a considerably more forceful route than white individuals. Saying the Us criminal justice system is racist might be politically disputable in different ways. In any case, the actualities are debatable. Underneath I explain many cases of these issues. Information on race is available for each step of the criminal justice system – from the use of drugs, police stops, arrests, getting off on bail, legal representation, jury selection, trial, sentencing, prison, parole, and freedom.
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,