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.
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.
People of all different races and ethnicities are locked behind bars because they have been convicted of committing a crime and they are paying for the consequences. When looking at the racial composition of a prison in the United States, it does not mimic the population. This is because some races and ethnicities are over represented in the correctional system in the U.S. (Walker, Spohn, & DeLone, 2018). According Walker et al. (2018), African-Americans/Blacks make up less than fifteen percent of the U.S. population, while this race has around thirty-seven percent of the population in the correctional system today. Along with African-American/Blacks, the Hispanic population is underrepresented at both the state and federal levels while the Caucasian/White population are underrepresented (Walker, Spohn, & DeLone, 2018).
Black female defendants were, in some ways, treated differently than white female defendants. Black women were assigned higher bond amounts and were more likely to be sent to prison than white women. Women of both races were equally likely to be released prior to
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for several reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. This literature review will discuss the ineffectiveness of the United States’ criminal justice system and how mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism has become a problem.
The United States incarcerates a greater percentage of the population than any country in the world (CBS, 2012). According to the US Bureau of Justice Statistics, over 2.3 million adults were incarcerated in federal and state prisons, and county jails in 2013. There are an additional 820,000 people on parole and 3.8 million people on probation (Wagner & Rabuy, 2016)
The United States has the highest incarceration rate in the world with about 2.3 million people in prison. According to Vitanna.org’s statistics, an estimated one million of these prisoners are African American. 12.3 percent of the population is black, yet over 43 percent of America’s prisoners are black. This disparity is certainly unnatural, seeing as how African Americans are no more likely to be criminals than whites. Black men are overrepresented in prisons because of the unfortunately common stereotype that they are all remorseless criminals. This stereotype makes it easier for those in the justice system to see all black men as people who need to be locked up. Racism (whether conscious or subconscious) makes jurors especially willing to put minorities behind bars by overpowering their doubt and blinding them to the
“African Americans now constitute nearly 1 million of the total 2.3 million incarcerated population.” The majority group of this statistic are people who come from african american backgrounds. The fact that black people are to make up nearly half of the prison population alone, really conveys the rate at which they are being arrested. Black men are often victims of racial profiling by police. They are targeted by police officers, and security guards, and are accused of crimes unrelated to them, simply on the basis of their skin color. Racial profiling plays a major role in the amount of black men and boys being sent to
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
Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New
There are more African Americans in prison now, than there were enslaved in 1850. These individuals are not in prison because they are committing more crimes than their white counterparts, but because of a discriminatory system that targets african americans. Blacks can commit the same crimes as whites, but are more likely to be imprisoned and or receive a steeper sentence. This disproportionate racial sentencing has been a growing issue the United States for four decades, and started with the Reagan Administration's War On Drugs. Private prison organizations lobby for harsher punishments, and profit from the influx of inmates. With more African Americans in jail, this has had a crippling effect on the black community. The children of these inmates grow up without one of their parents, they to do poorly in school and have negative view on police officers and the law.
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly.
Michelle Alexander’s “The New Jim Crow is a truly thought provoking book attempting to show the enduring issues of racial inequalities in our Criminal Justice system. Racial inequality in America is a huge and controversial topic, especially in reference to America’s system of Criminal justice. In “The New Jim Crow” Alexander focuses on the racial undertones of America’s “War on drugs”. Alexander uses the chapters of her book to take us on a journey through America’s racial history and argues that the federal drug policy unjustly targets black communities.
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.
We live in a society where ethnic minorities are target for every minimal action and/or crimes, which is a cause to be sentenced up to 50 years in jail. African Americans and Latinos are the ethnic minorities with highest policing crimes. In chapter two of Michelle Alexander’s book, The Lockdown, we are exposed to the different “crimes” that affects African American and Latino minorities. The criminal justice system is a topic discussed in this chapter that argues the inequality that people of color as well as other Americans are exposed to not knowing their rights. Incarceration rates, unreasonable suspicions, and pre-texts used by officers are things that play a huge role in encountering the criminal justice system, which affects the way