The intention of my research is to expose the racist tactics in the criminal justice system that have been camouflaged. I am prepared to explain how racism contributes to the vast number of incarcerated African Americans, and other minorities. The criminal justice system has created and perpetuated racial hierarchy in the United States, and has done so throughout history. I propose the question: Are minorities being targeted within the Criminal Justice System? African Americans are criminalized and targeted because of their skin color, and it is not fair. This argument connects to the theory of Law in the Book vs. Law in Action, and relates to how this type of discrimination from the law affects society. In particular, the way the Law is written in codes, statutes, judicial opinions that supposedly support the righteousness of justice, is a far cry from the way the Law actually operates. Despite substantial progress in recent years, racial discrimination remains a significant problem in the United States. I will prove this argument with the help of various peer-reviewed articles, and non-scholarly article that examine this unequal behavior. …show more content…
In the juvenile system, black children are up to 18 times as likely to be sentenced as adults than white children, and African American youth that is accused of felonies are inclined to be viewed as more at fault for their crimes than are white youth. Research that was constructed by the National Council on Crime and Delinquency and the Center for Children’s Law and Policy suggested that minority youth are presented with harsher treatment than their white peers through almost every stage of the juvenile justice process. The process is already the punishment, but being a minority can make it worse. Minority juveniles are sentenced for longer periods and are less likely to receive alternative sentences or probation compared to white juveniles (Armour & Hammond, 2009,
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.
ANNOTATED BIBLIOGRAPHY Alexander, M. (2012). The New Jim Crow: Mass Incarceration in the Age of Colorblindness (Rev. ed.). New York, NY: The New Press. Michelle Alexander in her book, "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" argues that law enforcement officials routinely racially profile minorities to deny them socially, politically, and economically as was accustomed in the Jim Crow era.
According to a report by the state of Washington, the answer seems to be no. For those convicted in trafficking drugs, offenders are almost always charged with the most serious (in the case of multiple charges). Usually, in order to facilitate a plea, the charges will be reduced. Whether or not the defendant pleads guilty at the trial is one of the most important elements in sentencing. Circumstances of the arrest are just as important.
The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander published in 2012, is a 261 page book detailing how mass incarceration has become the new form of legalized discrimination. BACKGROUND A large cause for the writing of this book is that there is currently not much research 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).
Injustice in The Criminal Justice System Due to several injustices within the American justice system, society has become more divided. The criminal justice system in the United States has been criticized for being a race-based establishment Institutions where minorities are subjected to more strenuous punishments than their white counterparts. Nonetheless, it goes without any debate that racism exists in the justice system. Are these realities the errors of a moral justice system, or does it prove that the criminal bias organization is working as expected? Is the criminal justice system utilized to regulate and manage the minority population?
Racial disparities concerning sentencing have an adverse effect on the African American community. Racial profiling and plea bargaining are contributing factors that lead to overrepresentation of minorities in the judicial system. Data and statistics support the assumption that African Americans are disproportionately subjected to racial profiling, traffic stops which leads to searches and seizures that lead to minor offenses which can also lead to incarceration, rather than probation or rehabilitation (Kamalu, Coulson-Clark, & Kamalu, 2010). The existence of racial prejudice exists when African American defendants are more likely to be convicted and given harsher charges than their white counterparts that have received the same charge, but
When contact into the juvenile justice system is exhibited by minority youth at a significantly higher rate than their white, non-Hispanic counterparts, a racial disparity exists within the system. Years of racial segregation, discrimination and the overall mistreatment of minorities in the public, however, have influenced the disparity trend. Although minorities represent 21% of the U.S. population for adolescents in 2011, they represented 71% of all adolescents held in detention while committing 66% to a juvenile facility upon determination of delinquency. Accordingly, the percentage of minorities who made contact with the juvenile system is more than double their percentage in population. Likewise, although data on juvenile delinquency has
Michelle Alexander, similarly, points out the same truth that African American men are targeted substantially by the criminal justice system due to the long history leading to racial bias and mass incarceration within her text “The New Jim Crow”. Both Martin Luther King Jr.’s and Michelle Alexander’s text exhibit the brutality and social injustice that the African American community experiences, which ultimately expedites the mass incarceration of African American men, reflecting the current flawed prison system in the U.S. The American prison system is flawed in numerous ways as both King and Alexander points out. A significant flaw that was identified is the injustice of specifically targeting African American men for crimes due to the racial stereotypes formed as a result of racial formation. Racial formation is the accumulation of racial identities and categories that are formed, reconstructed, and abrogated throughout history.
On September 26,2016 the first presidential debate commences between Republican nominee Donald Trump and Democratic nominee Hillary Clinton. One of the topics that was extensively debated on was the Criminal Justice system and the issue of systemic racism in this country. Donald Trump took the stance of Law and Order in order to solve the issue that are prevalent in our society today. In contrast, Hillary Clinton approach was one of Criminal Justice Reform. By analyzing the candidate’s responses in relation to outside reliable sources we can the verify which running mate is truthful.
Many evidence support the view that there are biases in the criminal justice system against members of minority groups. One of the issues with discriminatory practices is that legal apparatus for antidiscrimination law is based on intentional discrimination. Many issues of overrepresentation of minority group individuals at all levels of the justice system have profound effects not only for those who are accused and convicted but also for the victims of crime. Victims from racialized communities, knowing that members of their community are unfairly treated under the law, may feel both personal pressure and community pressure to not report crimes committed against them or testify in court. Slavery, and the concomitant violence committed against
Race is “A social category defined on the basis of physical characteristics” (Yetman, p.3). Race is a abstract concept that society has constructed to group people based on their physical appearance. Institutional racism is an covert form of discrimination, but historically institutional racism was overt. My focus is on the Muslim and black community in America, because I relate to these two groups since I am muslim and black.
Courts are a major evaluative stage of the criminal justice system and we rely on these courts to determine our outcomes based on the crime that was committed. Today, there is more diversity of leadership in the court system but, race still plays a role in the outcome of the offender. This could range from petty crimes being committed like traffic infractions or facing the death penalty based on the race of the offender or victim. This paper will examine the three types of disparities that cause biased sentencing in the courts. The three types of disparities are race, social class, and gender and these all play a huge factor when making a decision based off an offender.
No one is a stranger to the reality of racial profiling in the police force. Police brutality is not a new topic within American culture but it seems, for the past decade, it afflicts the black community above all else. With the senseless death of black adolescents, black men, and black women increasing and in a highly publicized way, there has to be a solution to the growing problem. But the Jim Crow laws extends beyond the criminal justice system into every aspect of democratic society in America. The criminal justice system increasingly serves as a universal home for punishment and control that focuses predominantly on black and brown and poor people.
Coker gives great evidence that supports racial injustice in the criminal justice system. She discusses on the Supreme Court’s rulings and accusations of racial preference in the system. This article is helpful because it supports my thesis on race playing a role on the system of criminal justice. Hurwitz, J., & Peffley, M. (1997). Public perceptions of race and crime: The role of racial stereotypes.