In 1987 an African-American male, Timothy Foster, was convicted of murdering a Caucasian female in Georgia and was sentenced to death (Vogue 2016). The prisoner’s appeal process worked its way up to the United States Supreme Court, arguing that he was convicted because of racial prejudice (Vogue 2016). Notes obtained from the prosecutors of the case revealed that they did not select certain jurors because they were black and that the jury was all white (Vogue 2016). The Supreme Court ruled in favor of Timothy, which was in accordance with the already established anti-discrimination precedents set by the 14th amendment and the 1986 Supreme Court decision in Batson v. Kentucky (Vogue 2016). This case is important for several reasons. The case shows that there is in fact racial discrimination in the American Criminal Justice system and that the system itself has honestly admitted that it is flawed. It illustrates that the system still needs to be scrutinized when it comes to convicting people of color and that America still does not treat everyone equally as its laws claim. This decision will produce several more appeals by individuals who feel that they may have been convicted based upon their skin color and may lead to several convictions …show more content…
While it is plausible that an African-American male was wrongfully discriminated against, one cannot accurately render a decision without knowing all the facts of the case. It seems that the jury was rigged by the prosecution and that anti-discrimination laws were violated. However, the story does not include any of the evidence used to convict Timothy of the murder. There could be DNA evidence, lack of an alibi, and eye witness testimony that specifically link him to the crime. This story may be the age old ploy of the media using attention grabbing headlines and stories that perpetuate the rampant stereotypes in U.S.
George Stinney was a 14 yr old, African American who was accused of murdering two young girls, Betty June Binnicker, age 11, and Mary Emma Thames, age 7. The Stinney case occurred in Clarendon County, South Carolina in 1944. This period of time was part of the Jim Crow era, a period of serious racial discrimination in the deep South. This case has been brought to the public’s attention, and it is believed that George Stinney did not get the justice he deserved. The people think that Stinney’s rights were violated, and the court of Appellate should review his case.
Sentencing disparity within the American Judicial system is a problem that exists across the nation. According to Merriam Webster’s dictionary, disparity means the markedly distinct in quality or character. Many times, disparity is used in conjunction with discrimination as if the two words mean the same, but they do not. Disparity will include a difference in treatment or outcome but is not based on an opinion, bias or prejudice.
1) On August 28, 1986, a woman named Queen Madge White was found dead in her home in Rome, Georgia. She was a 79-year-old widow and was found to be beaten, sexually assaulted, and strangled to death. Her home had also been burglarized. Timothy Foster, an 18-year-old black male, confessed to the crime and officers recovered some of the stolen items from Foster’s home. The State subsequently indicted him for malice, murder, and burglary and the jury that was selected convicted him of capital murder and assigned the death penalty.
Primary Annotated Bibliography McCleskey v Kemp, 481 U.S. 279 (1987) McCleskey v Kemp is a Supreme Court case that highlighted racism in the death penalty process. The petitioner in the case provided a controversial statistical study that correlated racism in death penalty sentencings. The Supreme Court Justices were asked to answer the question of whether or not the statistical study provided could substantiate that the sentence in the case violated the petitioner’s eighth and fourteenth amendment rights. This case will be the main focus of my research paper.
Name: Instructor: Course: Date: Criminal Justice Stevenson through his book has provided various examples that show that people of color and low-income individuals are more likely to be presumed fully prior to presenting their cases. The author has stated that executions are a good example of how norms and policies are used for the purposes of punishing and controlling the people of color For instance, he argues that one in three black people are expected to be sent to jail in their lifetime. Further on, eighty percent of people on death row are black while 65 percent of homicide victims are black.
The jury’s verdict for the Tom Robinson trial was guilty. The reasons why the verdict was guilty, is simply because they were racist. They all heard clear evidence on how Tom was guilty from Atticus, but if anyone on the jury were to disagree that a black man was innocent, they would have been shamed by the whole county. This case is based off of the real world trial involving the 9 black boys who were accused of raping 2 white women on a train, in Scottsboro. These boys were ranged from 13 to 20 years old, and everyone was put on death row, except the minor who got life in prison.
In her book, The New Jim Crow, Alexander argues the discrimination of jury selections which is an unfair of treatment for people of color under the law (The Fourth Amendment). Moreover, she provides more information about the juries and juror race-based selection in the justice system. The statistical shows that there is approximately 30 percent of black man are automatically banned or rejected from the jury service and many cases all black jurors are eliminated with the irrational explanations, such as the physical appearance, clothing style, and even marital status (Alexander, 2012). She also reports the interesting case of the two black men who was convicted of second degree robbery in a Missouri court. In addition, she emphasizes that during
In McClesky v. Kemp the Supreme Court held that a study showing the death penalty in Georgia was imposed on black defendants disproportionately to white defendants failed to establish that any of the decision makers involved in the process acted with a discriminatory purpose. McClesky is a notable case in several respects. First, it highlighted the integrated nature of the criminal justice system and how each component functions to reach a certain result. Second, it emphasized the debate on which actors in the justice system have the most power and what role that power plays in reaching the result. Third, the case also underscored the importance on prosecutors keeping records of their decisions at varying stages of the criminal justice process.
The author’s studies indicate that the criminal justice system choose majority of their targets and suspects predominantly by race. According to studies conducted by the U. S Department of Justice, the imprisonment rate by race per 100,000 residents over 3,000 black males were imprisoned in the year 2000 compared to white males imprisonment rate of less than 500. This shows that conviction of crime, robbery, murder, and other violence and drug related crimes has a clear discrepancy across racial groups.
For example, African American make up more of the population of the jail system when it only account for a small portion of the population in the entire nation of America. The causes of such disparity may be included in different levels of criminal activity, law enforcement emphasis on particular communities, legislative policies, or decision making by criminal justice practitioners who exercise broad discretion in the justice process at one or more stages in the system (Schrantz, 2008). In this case one: Turner The court system is made to have a fair judgement between the accuser and victim. The district attorney who are representing the victim and the state who get a case and they decision if they want to bring charge against the accuser. They make choice if they think if they can win or not depending on the evidence that is presenting to them by police officer.
Out of the 337 cases where innocent men and women were wrongfully imprisoned nearly half of the true suspects were identified and convicted. The racial heritage of those who have been exonerated is fairly diverse, consisting of “206 African Americans, 104 Caucasians, 25 Latinos, and 2 Asian Americans” (The Innocence Project). (Transition) Although The Innocence Project has changed the lives of many who others would not afford them the opportunity to prove their innocence, they would not have been able to do so without the recent
“The law may be color-blind as it is written, but not as it is enforced.” Racial bias in the death penalty can be traced back to Furman v. Georgia, where handing down the death penalty sentence, unfairly, constituted as a cruel and unusual punishment, violating the Eighth and Fourteenth Amendments. The reinstatement of the death penalty with its new sentencing guidelines, implemented by the Supreme Court, was to ensure that the death penalty sentence was used in a constitutional way. Despite these guidelines, somehow, racial bias has found a way to thrive. It has been documented that an individual is more likely to receive the death penalty in a case where the victim is White than in cases where the victim is Black.
Bringing attention to the unfair disparage-ridden system, it is known that racial minorities like African Americans or Latinos are condemned more than Caucasians hence the dispoportionate number of the innocent outweighing the number of those guilty of the crime. The correction of the oppressive imbalanced system leaves room for a new unbiased
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.
These conclusions are made jointly exploit the difference between legal and philosophical differences between the treatment, different effects, and in recognizing the impact of different, and sometimes does not make sense (eg Miller 1999: Chapter 5; 1991 Kennedy) positive. intentional acts of racial discrimination, now constitute a struggle now facing our society beyond the most important obstacle to its racist history (98 Kennedy 1991). I propose in this section principle, the risk guilty man began to be stopped or searched his face should not rely on racial or ethnic groups. Many people oppose this principle in this society there are a number of obligations (than those who respect the basic legal rights, etc.) to those who knowingly violate