Racial Disparities in the Prosecution and Sentencing
It has been noted that there are tremendous racial disparities in all phases of America’s criminal justice system. Kutateladze and Andiloro (2014) state that African American only make up 13 percent of the United States population, yet they are composite 28 percent of the people arrested and 38 percent of the total prison population. Various empirical research has focused on the racial discrimination that exist in police officer’s discretion to arrest a person, differences in pretrial detention based on race, disparities in the decision to prosecute, and discrimination during sentencing also has been discovered. According to Zatz (1987), plenty of early researchers believed that there was a large amount if minorities in prison because they are more involved in
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According to Congress this law was “to restore fairness in sentencing.” The Fair Sentencing Act of 2010 does not make the ratio in sentencing between crack cocaine and powder cocaine completely equal, but it has substantially decreased the gap by 100:1. After this bill became a law, it reduced the disparity 18:1, but most individuals who are against the war on drugs believe that this ratio is still unfair. The Fair Sentencing Act of 2010 also increased the amount of powder and crack cocaine needed for individuals to serve the minimum sentence imposed by the Anti-Drug Act of 1986. For example, under the Anti-Drug Act of 1986, a five year minimum was required for those who were convicted of having at least five grams of crack cocaine, which is the weight of two pennies. The Fair Sentencing Act of 2010 changed the five year minimum to only be imposed if the offender has possession of twenty eight or more grams of the narcotic. This particular policy will create some changes in sentencing disparities for defendants of drug related case, which are often young minority
There is a large racial disparity with unjust arrests in America. African Americans are discriminated and racially profiled more than any other race within the criminal justice system (Slate, 2015). The main goals of the criminal justice system are to prevent and control crime and to achieve justice (Crime&Justice International, 1997). However, according to the ‘American Progress’, “people of color, particularly African Americans and Latinos are unfairly targeted by the police and face harsher prison sentences compared to other races, particularly white Americans (American Progress, 2015). Although the criminal justice is to provide equal justice to all of its citizens, African Americans tend to not receive the same justice. Specifically, African
“Racism is a bad thing, you find it everywhere in the schools, the clubs and also in the streets.”
Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are
The first article I am going to focus on, Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System, was written by Donna Coker . Primarily, the article talks about the statistical evidence of in justice regarding racial profiling in policing and imprisonment. Official incarceration data speaks for itself when it shows that although African Americans make up twelve percent of the U.S. population, they make up of almost half of the population incarcerated for crimes (Coker, 2003). Researchers with the Bureau of Justice Statistics estimate that twenty-eight percent of African Americans will be imprisoned at one point in their life (Coker, 2003). A study conducted by the Sentencing Project reports that nearly one in three African American men between the ages of twenty and twenty-nine are under the supervision of the criminal justice system on any given day (Coker
Racial disparity in the correctional population refers to the difference in the number of minorities versus whites represented inside institutions. “The American Correctional Association acknowledges that racial disparity exists within adult and juvenile detention and correctional systems. This contributes to the perception of unfairness and injustice in the justice system ("ACA Policies and," 2004).” “Blacks comprise 13% of the national population, but 30% of people arrested, 41% of people in jail, and 49% of those in prison. Nationwide, blacks are incarcerated at 8.2 times the rate of whites (Human Rights Watch, 2000).” This difference in proportionality does not necessarily
There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.
In order to understand the nature of the statistical disparity, the first aspect that must be examined is necessarily the statistics themselves. Recent data (1998) shows that more than two out of every three arrested persons are white (67.6%) and that African Americans account for only 30% of all arrests. More striking is the data adjusted per capita: African Americans are two and a half times as likely to be arrested as whites, and are even more over-represented in violent crimes, for which they are over three times as likely to be arrested. African Americans are five times as likely to be arrested in cases of robbery or murder (Walker et al., 39).
At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).
As it talks about racial inequality in chapter 10, the definition of racism is the belief that one race is supreme and all others are innately inferior. White people are actually at the top while the others (the minority groups) are at the bottom. Considering that the laws of the USA revolved around white men in the beginning of this country, it’s not surprising to see how little people are not aware that racism still exists. They claim that it’s the 21st century, slavery happened in the past and it should stay in the past where it belongs. No. We’re going to recognize what white people did to African Americans. We are going to see how white supremacy is ugly and not needed.
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
Incarceration rates are a definite proof that racial discrimination occurs. “Incarceration rates in the United States have risen sharply since 1980”, stated Filip Spagnoli, “the racial distribution of inmates in the U.S. is highly negative for black Americans. Whereas they only make up 12% of the total U.S. population, they represent more than 40% of inmates”
The Mass Incarceration in the United States is a major topic of discussion in our society and has raised many questions about our criminal justice system. There are few topics disputed as much in criminal justice as the relationship between race, ethnicity, and criminal outcomes. Specifically, the large disparities that minorities face regarding incarceration in our country. Minorities such as Hispanics and African Americans are sentenced at far higher rates than their white counterparts. There are multiple factors that influence this such as the judicial system, racial profiling by law enforcement, and historical biases (Kamula, Clark-Coulson, Kamula, 2010). Additionally, the defendants race was found to be highly associated with either a jail or prison sentence; with the “odds increasing 29 percent for black defendants, and 44 percent for Hispanic defendants” (King, Johnson, McGeever, 2010).
There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1
Racial biases is in base on the generation’s behavior and stereotypes which focuses on motivational and individuals difference factors. “The idea of race has a long history, extending as far back as ancient civilizations.” (p. 12). Racial inclinations is in base on the era's conduct and generalizations which concentrates on motivational and people distinction elements. "The thought of race has a long history, stretching out as far back as old civic establishments."
In the article “Whites Swim in Racial Preference” whites really don’t realize how much we are readily handed compared to those of a different race or ethnicity. In this article it mainly focuses on how the University of Michigan discriminates against non-white racial groups with their points system. I have found that even though it is equally shared, it is much easier for whites to obtain points than blacks. This article also talks about Affirmative Action and how it really benefitted whites more so than minorities because whites are the racial preference in America. White privilege is a very prevalent thing in America, even though we all think