In several different ways, the principle of equality of opportunity is relevant to the criminal justice system in the twenty-first century. John Rawls “assumes that we are self-interested, rational beings motivated to select laws, rules, and ways-of-life that are most advantageous to ourselves” (p. 117). The principle of equality is a theory that we all wish truly existed; however, it is unfortunate that it does not exist due to our own personal biases. Unconsciously, we all have biased and prejudicial thoughts—we are human and this tends to result on a reality based on social values; however, it does not make it correct. Unfortunately, we have not all learned to put our differences aside in order to get along. In other words, there are times …show more content…
Rawls affirms that “there are two basic principles that define a “just” society” (p. 117). These two concepts are the liberty principle and the difference principle. The liberty principle states that “we should all be willing to agree to a system of rules which guarantees each person the free exercise of basic liberties” (p. 117). On the other hand, the difference principle states that there should be a “fair equality of opportunity” (p. 117). Nonetheless, our criminal justice system should have both of these principles, instead it is inequitable. The first step to fixing a problem, however, is to admit that there is a problem that needs to be addressed. We all know that our system is flawed, the real concern is how do we fix it? I do not believe that there is a way to completely fix the issues; instead, I believe that we would only minimize the injustice that currently exists. The first contact that an offender has with the criminal justice system tends to begin with a police officer. By having more defined policies and procedures emplaced at police departments, the biases that we have can be controlled and minimized significantly. The warnings and citations would have to exclude any and all areas where ethnicity and or race are requested. As well, all documents presented to court would have to exclude all possible personal identifiers of the person being handled; even that I am not sure to be possible. We live in a world of uncertainties that cause the law to be
This article critically examines the racial disparities in sentencing during the late 20th century and highlights how biased judgments influenced judges' decision making processes. "Just Mercy" aligns with these findings by emphasizing how racial bias affects sentencing outcomes. The author Bryan Stevenson explores implicit bias and cultural stereotypes illustrating their impact on judges' perceptions and judgments of African American defendants. Through concrete examples. "Just Mercy" vividly exposes instances of racial bias within the criminal justice system and reveals the unjust consequences faced by people of color.
Kamalu, Ngozi Caleb, Margery Coulson-Clark, and Nkechi Margaret Kamalu. " Racial Disparities in Sentencing: Implications for the Criminal Justice System and the African American Community." African Journal of Criminology and Justice Studies: AJCJS 4.1 (2010): 1-31. ProQuest.
Through the years, the world has made substantial progress towards ensuring equal treatment under law for all citizens. However, the cycle continues, as disparities within the justice decision making process is growing at each level of the criminal justice system. Although the drug policies and sentencing guidelines that are put into place by our legislators are said to be “race neutral,” they have actually shown to be pervasively biased, affecting both innocent as well as guilty minority citizens. There is no question that the most important stage of the criminal justice system is the sentencing phase. It is at this stage where prosecutors, along with law enforcement personnel, attempt to determine who will or will not be granted leniency
This essay will examine three types of disparities that happen under the United States sentencing today. Judges tend to look at the characteristics of the victim involved in the crime to determine the outcome of the sentence. Why should someone’s race, gender, or even religion effect the time they receive for their jail sentence? The 1984 Sentencing Reform Act (SRA) was created to eliminate disparities, basically explaining how one’s ethnicity, gender, and religion should not affect their sentencing. Even with this act existing, race and gender has still plays a huge part on unnecessary sentencing lengths.
Rather than offering simple, one-size-fits-all solutions, Stevenson advocates for a more holistic approach that involves acknowledging and addressing the underlying issues of inequality and discrimination that plague the justice system. One of the ways in which Stevenson suggests that these underlying issues can be addressed is through a greater understanding and acknowledgement of history. By understanding the long history of discrimination and oppression that has contributed to many of the problems he encounters in his work, he suggests that we can begin to address these issues in a more meaningful way. This approach highlights the complexity of the issues at hand and the need to consider multiple factors in order to create lasting change. Another aspect of Stevenson's approach is the importance of individual action and responsibility.
Fast forward to the present day, we have the Ferguson, Mike Brown of Emmitt Till’s still occurring in our justice system. A person must view the criminal justice threw a godly telescope to see the inequalities that exit, and need to come to the forefront of our government, and the population worldwide. Sentencingproject.org statistically show that African American men, women, and juvenile are arrested more often than any other races across the nations. This report will prove, and argues that racial disparity in the justice system is at large in our system. This research paper will further explain, and presents evidence that display the presence of racial bias in the criminal justice system in America.
is a means of victimizing a specific people or if it is directed towards a certain race. This is because the distributive principles may provide guidance for choices faced by each society every now and then. One may start by considering the principle of strict egalitarianism that states that people are morally equal and that it is best to give effect to this idea. We get the information that in dispensing criminal justice, one community or race should not get overlooked but all should be treated fairly. In the book by alexander Michael that goes by the title "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" she tends to believe
As demonstrated in Trends in U.S. corrections, the U.S. has had the highest rates of incarceration as of 2011 adding up to more than seventy hundred thousand(The Sentencing Project 3). Race and class play an important role on who is punished for such crimes as well as who gets
Even before our nation’s founding, people of color have been discriminated. Decades pass and the criminal justice system is still “racist” labeling people of color as criminal, meaning black equal criminals therefore is fine to discriminate people of color just because they’re criminals. In “The New Jim Crow” the system targets black men because they are associated with crime, meaning crime stands in for race. In the other hand, As Heather Mac Donald writes in her book “The War on Cops”, “The criminal-justice system does treat individual suspects and criminals equally, they concede. But the problem is how society defines crime and criminals” (154).
An example of criminal code violations in which it is apparent inequity in sentencing is the “war on drugs.” This so called war on drugs is a campaign to prohibit drugs, military aid, and military intervention, with the goal of reducing illegal drug trade. Since this war on drugs the nation has seen a dramatic increase in the number of people in prisons and jails for drugs offenses. In 1980, 40,000 people were either waiting trial or serving time for a drug related offense that number has increased to around 500,000 in today’s time (American Bar Association). The problem which arose with this drug war was the disproportionate law enforcement presence in African American communities.
The appropriateness of the current situation in American criminal justice is a matter of ongoing dialogue and evaluation. Public opinion, advocacy movements, legal developments, and policy initiatives all contribute to shaping the direction of criminal justice reform. It is a complex and evolving field, and there are diverse perspectives on what changes are necessary to create a more just and equitable system. Ultimately, it is up to individuals, communities, policymakers, and society as a whole to engage in informed discussions, assess the strengths and weaknesses of the current system, and work towards a criminal justice system that aligns with their values, promotes public safety, and ensures justice for
Bryan Stevenson negotiates the prejudice and intolerance within the criminal justice system, and the biases within based on economic and racial status. This book exposed myself to a deeper level of injustice inside our system than what I already had a conception of. Each story Bryan talks about hits on different subjects that opened my eyes to how our system truly treats minorities so coldly. Those of a different race, economic status, are treated far worse than we can imagine. Within the past few years racial injustices have began to gain more attention in the media, allowing awareness into the discrimination still present in our system.
John Rawls’ uses his work, A Theory of Justice, to define justice and injustice. Rawls’ general concept of justice follows that all social goods are to be equally distributed unless there can be a situation in which unequal distribution is the the benefit of everyone. The primary social goods he discusses are income, wealth, liberty, opportunity, and the bases of self-respect. Iris Young criticizes Rawls’ conception of justice in her work Justice and the Politics of Difference. Young claims that the focus Rawls places on distribution and the end product of said distribution leads to a limit on the scope of justice.
In addition, I outlined the strong confinement in Rawls’s theory of Justice with regards to his perception of fairness. I have argued that Rawls’ perception of fairness is quite distinctive as it seems largely irreconcilable with the perception of fairness that is widely accepted by most people. To ensure a fair and equal treatment for all, Rawls stresses a complete obliteration of national capabilities and circumstances in order to create justice. However, Rawls’s perception of a just society differs a lot from the contemporary society we live in and is therefore of little significance to us.
Freeman commented on Rawls’ writing that ‘there are two ideal perspectives in Rawls conception of justice: the original position and the deliberative