In 2005, however, Supreme Court, granted to review the Ninth Circuit ruling and as a result overturned the Ninth Circuit ruling and ruled that California’s policy of assigning inmates to racially segregated cells constitutionally suspect and the Court dismissed the “separate but equal” policy (Grumberger, 274). Justice Sandra Day O’Connor wrote, “We rejected the notion that separate can ever be equal.. 50 years ago in Brown v. Board of Education, and we refuse to resurrect it today,” As a result the court ruled that policies that create race-based classifications are subject to strict scrutiny (Noll, 849). Strict scrutiny is the level of review used when a fundamental constitutional right is infringed, or when the government action involves …show more content…
California state penitentiaries who for years managed prisons without court interference were now in a constitutional bind. Those in favor of California policy system argue that segregation by race invariably resulted in the prison system especially among inmates affiliated with gangs and to put different gang members of different races into the same cell would result in violence. In order to stop interracial violence, many prisons in California adopted the system of assigning race-based cells. State penitentiary would argue that they implemented this system not because they believe in racial segregation but for the safety of all inmates. Those in favor of this system also argued that the 2005 Supreme Court ruling jeopardized the safety of inmates, especially newcomers. Inmates in prison tend to organize themselves into races, each individual within a race looks after the other (Walsh). This was a form of protection and for newcomers, those who help them adjust and not make irrational mistakes were the ones who were from the same race (Walsh). When same raced cells were eliminated the protection of returning or new inmates were eliminated and in order to find protection they usually found a gang (Walsh). For these reasons many Californian penitentiaries carry out this highly segregated
While individuals who end up getting sent to prison have many issues to look forward to, one of the biggest issues they have to deal with is who or how will they get classified. While they in-processed into the jail system, the incoming inmate has to form some sort of allegiance towards their own race. Whites, hang out with whites, Hispanics with Hispanics and African Americans with African Americans. Street gang members who had issues outside of the wire fence, no longer have issues while being inside. Inmates of the same race come together as one to fight off others.
MacDonald makes a lot of good points about how the politicization of criminal justice can hurt the entire field. I do not agree that racial profiling does not exist, but I do agree that political witch hunts and fishing expeditions are likely to punish good officers and limit their ability to do their jobs, while failing to ensure that minorities are treated equally. An unfortunate but valid point that she offers is that the disproportionate amount of minorities involved in incarceration does not indicate racial profiling, but just that more minorities are committing crimes (Macdonald, 2001). I’d like to say that I’m well aware that crime is a response to poverty, not ethnicity. The disproportionate amount of minorities below the poverty line
The New Jim Crow, Mass incarceration, is the rebirth of the caste system in the United States. People of color, blacks in particular, are being disproportional discriminated through the criminal justice system. The Criminal Justice System is being Mass incarceration creates a cycle that never ends for people that are locked up. This cycle perpetuates racial hierarchy because most of the people are black men and being in prison ruins their
The Johnson v. California 2004 Supreme Court case, questioning a prison’s policy to segregate inmates by race, remonstrated by prison officials stating: “that the practice reduces racially motivated violence” (Racial Segregation in Prison). This exposes a biased stereotype of African-American men, making the assumption that they are easily subject to gang violence; therefore, they are unjustly separated from others based on their race and the presumption they are inherently violent. Within this prison, “When cell assignments are made, the inmates are divided into four general categories: black, white Asian, and other” (Racial Segregation in Prison).
In the prison system today, a growing dilemma of prison gangs are emerging. Prison gangs, also referred to as “security threat groups,” are racial or ethnic groups of organized inmates who commit acts of violence, smuggling, and racketeering inside the prison they reside
Annotated Bibliography: Racial Profiling This is an annotated bibliography researching the reasons for, effects of, and solutions to racial profiling by law enforcement in the United States. I am researching racial profiling and is it justified in law enforcement.
Racial Profiling Racial profiling is when law enforcement officials target individuals for suspicion of crime, based on the individual’s race, ethnicity, religion or national origin. Profiling is morally wrong. Profiling is a very dangerous.
Michelle Alexander proceeds with another rhetorical question to allow the audience to further reflect on the current situation and stress the corruption of the justice system “If McCleskey’s evidence was not enough to prove discrimination in the absence of some kind of racist utterance, what would be?” (Alexander 67). She uses facts and statistics prior to this “the researchers found that defendants charged with killing white victims were 4.3 times more likely to receive a death sentence than defendants charged with killing blacks” (Dissenting 321; referenced by Alexander 67) to assert evidence of the racial profiling present in the American justice system. The persuasive technique is used to assert her opinion towards the audience by relating
300359810 Mrs. Fahey ERWC 12-Period 2 14 September 2015 Racial Profiling Racial discrimination is becoming a major problem in today 's society. Our nation is facing problems based on the discrimination on race, ethnicity, religion or national origin. Racial profiling is a clear violation of the civil rights of the United States.
Unfortunately, there are racial disparities in the United States in the legal system. Prison sentences imposed on African American males in the federal system are nearly 20 percent longer than white males convicted of similar crimes. The 1994 Crime Bill signed by President Clinton established mandatory minimum sentences. African American and Latino offenders sentenced in state and federal courts face greater odds of incarceration than white offenders who are in similar situations and receive longer sentences than whites in some jurisdictions. Research has shown that race plays a significant role in determination on which homicide cases resulted in death sentences.
Although, most witnesses are reluctant to stand up and testify against a prosecutor in any case, it is the fear of one’s safety and witness intimidation which is the reason many are hesitant to take action. An individual witness a violent crime in the neighborhood, and is able to identify the perpetrator, he should contact the authorities and testify against the criminal. Whenever someone is a witness to a crime, one’s should feel guilty if it is not reported. The witness of any crime should have integrity and do what is right and not fear what may happen because their rights are protected by the law. If you’ve witnessed a crime you should report it because you could potentially save someone’s life, and help put away a dangerous threat to
As a young black male in 2017, our society has me racially profiled. Anytime they see a young black male like myself, eyebrows raise. Society does not view us as equals, they view us as a minority even though we are a majority. We are viewed as the ground the walk on. They think we will never amount to anything.
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). This essay will discuss multiple different races and ethinicities to regard their population make up within the prison system. Although race and ethnicity relate to one another they are different. According to Walker et al. (2018), race is defined as the, “major biological divisions of mankind,” for
When in prison, we see that those who were in gangs are still in gangs and that those who were not, are likely to join during their sentence. Naturally the prisons are filled with criminals who not only bring with them a record of past wrong but also an attitude of anger and or survival when they walk behind the walls of prison. This attitude of anger fueled by the thought of survival keeps most from ever experiencing renewal or change when behind bars. While in the world they were criminals running from the law and while in prison
Annotated Bibliography Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New York: The New Press. Alexander opens up on the history of the criminal justice system, disciplinary crime policy and race in the U.S. detailing the ways in which crime policy and mass incarceration have worked together to continue the reduction and defeat of black Americans.