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.
The skin is the largest organ of the human body and can display a range of different colors depending on the amount of melanin, a protein produced by special skin cells, that is in the skin. The more melanin that is created, the darker the skin tone. Despite the fact skin color is such a minor physiological difference, many have decided that it is enough of a reason to hate and discriminate against the minorities who possess a little more melanin than they do. This prejudice has managed to extensively infiltrate the justice system and law enforcement, causing black men to face multiple injustices such as being more likely to be convicted and given longer prison sentences than white men for the same crimes, having higher chances of being shot
In her book, The New Jim Crow Mass Incarceration in the Age of Colorblindness, Michelle Alexander who was a civil rights lawyer and legal scholar, reveals many of America’s harsh truths regarding race within the criminal justice system. Though the Jim Crow laws have long been abolished, a new form has surfaced, a contemporary system of racial control through mass incarceration. In this book, mass incarceration not only refers to the criminal justice system, but also a bigger picture, which controls criminals both in and out of prison through laws, rules, policies and customs. The New Jim Crow that Alexander speaks of has redesigned the racial caste system, by putting millions of mainly blacks, as well as Hispanics and some whites, behind bars
Innocence is is a lack of guilt, with respect to any kind of crime, or wrongdoing. In a legal context, innocence refers to the lack of legal guilt of an individual, with respect to a crime. Being convicted of a crime and found not guilty later on can frustrate the convict and the convict’s family as the time spent behind bars, is time they will never get back.
There comes a time in the criminal justice system where a law that was written to protect us will be challenged through a court case. That case will eventually make history and will become a reference in future cases with similar dilemmas. In 1983, one particular case met the criteria (Arizona vs. Youngblood). In this case, Larry Youngblood was convicted by a jury in Arizona of child molestation, sexual assault, and kidnapping of a ten-year-old boy. Both a criminologist for the State and an expert witness for the defendant testified as to what they believed the results were from the tests that were performed on the samples shortly after they were collected, they also commented on later tests performed on the samples from the boy’s clothing
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.
When it comes to racial profiling by the police in the criminal justice system, African Americans are more often racially profiled than any other race in America today. This has become a problem because not ever black individual is a criminal and not every criminal is black. Therefore, there needs to be some sort of resolution to this epidemic. “By analyzing data from 4.5 million traffic stops in 100 North Carolina cities, Stanford researchers have found that police in that state are more likely to search black and Hispanic motorists, using a lower threshold of suspicion, than when they stop white or Asian drivers” (Andrews, E., 2016).
Before Dennis brown was convicted, he was a normal teenage boy. At the time, he was taking care of his blind father that was very weak and sick. He also has a learning dissability that came up at court. He dropped out of school and only had an education to the 9th grade (exoneree testimony). The grades us usually got were C's, D's, and F's. The reason his learning dissability came up, is when they were questioning him about the day of the rape and he answered with odd replies such as the perpetrator came through the window except the door.
In the eyes of Martin Luther King Jr., Justice within a society is achieved through the implementation of just laws. Furthermore, “just laws are regulations that have been created by man that follow the laws of God for man” (“Clergymen’s Letter”). Any law that does not correspond with the ideals of God and morality are considered to be unjust or a form of injustice. King identifies that injustice is clearly evident within the justice system. This injustice can truly be seen through the misconduct imposed toward the African American community. 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.
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.
The United States criminal justice system is riddled with cases of many varieties. Some have obvious outcomes while others warrant more detailed analysis. However, some cases go beyond the court into other courts, where they are decided, such as Jackson versus Hobbs in 2012. The courts try to lighten the load of cases they have by offering plea bargaining, an agreement among a defendant and a prosecutor in which the defendant pleads guilty to a charge that is less severe than what he or she is initially charged for in the hopes that clemency will be administered. Sometimes, however, people accused of a crime are completely innocent, and it is not until technology is released, such as DNA testing, decades later that these people are proved to
The case against the men, always weak, fell apart after DNA evidence implicated another man whose possible involvement had been somehow overlooked by the authorities even though he lived only a block from where the victim’s body was found, and he had admitted to committing a similar rape and murder around the same time.
The notion that crime and poverty have their roots in the lifestyles and preferences of the poor has a long history in American political culture; the concept of poverty-related issues is severely misled by racial and ethnic stereotypes (Beckett, 1997). The communities who live in poverty largely consist of lower class workers and people of color, and the war on crime, started by Ronald Reagan, only exemplified the stigma of the lower classes being cruel and dangerous. Reagan’s war on crime pressured federal law enforcement agencies to shift their attention to street crime, which had tremendous racial connotations, instead of white-collar offenses (Beckett, 1997). Political institutions are responsible for “protecting members of society from