Racial disparities in the us criminal justice system
Document Type:Essay
Subject Area:Mathematics
However, according to minority groups such as African Americans, the existence of fair criminal justice in America is simply a myth. The punishments of crack versus powder cocaine in 2003 described the disparities in the provision of justice in American criminal justice. As a result of unfair sentencing, there has been a rise of violence, especially in the crack market among the juveniles. The crack cocaine market has a majority of people being the African Americans, and the American criminal justice has been ruling unfairly by discriminating the offenders. Criminal prosecution in the system has led to an increase of eighty percent of the African American as defendants in the federal courts some sentenced and others executed due to cocaine offenses. American Civil Liberties Union and the American Bar Association have been able to note the disparities based on race emerging from the American criminal justice system (Donohue, William, 2017).
The American Supreme Court has, on several occasions, ruled that it acted reasonably in dealing with crack and powder. Various organizations have argued that the claim is unreasonable as it was based on race. In 2006 in Seattle, Washington, a higher number of black people were convicted due to drug issues as compared to the whites, yet the minority groups were the least users of drugs in the region. On the other hand, whites were using methamphetamine, powder cocaine, heroin, and ecstasy, yet the rate of sentencing was too low. Reduction of justice in appellate courts The appellate courts in America have breached various laws on crime control while indicating the existence of absolute rights, making them permissible by law. The aspect of procedural justice has, in most cases, been subverted during the drug war in America.
The Scot vs. Illinois case of 1979 has been a clear indication where procedural justice was breached due to the concerns of crime control. This is a clear indication that American criminal justice is unfair and the assumption that it’s fair is just a myth. The criminal justice had thus been filled with the idea of seeking more money; therefore, some court cases are terminated without evidence, and the police as well in some instances tend to convict people as criminal suspects to get money in the long run. Money oriented criminal justice in the provision of justice Schlosser, Eric illustrates that US prison officials in the cause of promoting measures to stop the increased rates of crimes have opted to expand the money paid by the defendants and the victims to regulate the increased rate of rogue crime.
There was also a high rate of overcrowding in the prison cells, and the idea of the increased and unrevealed price of the court cases was a measure to reduce the continuance increase of the prisoners. The design of the industrial complex had been actively used in America when passing judgment on the possession of illegal drugs. In this case, there had been a decline in the number of inmates in New York and California over a period because of the elaborate measures used in reaction to the perceived threats of increased criminal activities (Schlosser, Eric, 2007). The prison officials develop strict, bias, and unfair measures to react to perceived threats. The aspect later turned into big business as the prison officials reaped more from unrevealed prices of court cases. It consequently helped in the reduction of white inmates, even those who deserved long sentences due to drug-related crimes.
Disparities based on age, race, and gender There is significant evidence that American criminal justice had often been discriminating the African Americans based on their gender, age, and race. The Roman Catholics and Jews had been victims of police brutality in the past, and further, the slaves have consequently been killed by the slave owners, and there were no legal consequences. Many white lawmakers and voters than African Americans The proportion of lawmakers in the federal and state levels in America are disproportionately whites; hence, an indication of unfairness because the African Americans and the Hispanics have a little say in the court cases. It is also clear that eighty percent of the lawmakers are male in America imply unfairness in the selection of legislators. The two-third rule for gender equality in the American courts is, therefore, not taken into consideration.
According to the Center for Voting and Democracy, 2008, the number of voters in America was majorly made of the white population. The African American and the Hispanics voters were just a quarter of the whole population (Wisconsin Office of Justice Assistance, 2008). Racial profiling in Louisiana Alschuler, Albert W, illustrates that there is an illegal practice of the lawmakers because they often target people of different color in American criminal justice. Discrimination among the lawmakers had been tainting the legitimate nature of policing in America. A higher level of incarceration in Louisiana is attributed to the kind of racial profiling among law enforcement authorities. An inadequate number of African Americana and Hispanics, as well as other people of color, have been referred for a criminal prosecution, mainly due to minimal crimes. The people of color in the United States have been wrongly ticketed, prosecuted, executed, arrested, and also imprisoned.
Due to unclear policies, a higher level of racial disparity has been witnessed in cases involving the police and the people of color. Remedies for racial disparities in the American criminal justice system According to Schrantz Dennis (2000), the acknowledgment of the cumulative nature of racial disparities is the first step towards the creation of justice. Addressing the challenge that develops within various stages of criminal justice such as in parole will help in creating a harmonious institution among both minority and majority groups in America (Schrantz, Dennis & Jerry Mcelroy, 2000). Encouragement of effective communication among the players in the system concerned with decision making is the second aspect used in eradication criminal justice disparities. Better strategies should, therefore, be developed to address the challenge at every level of the criminal justice system.
Friedrichs, 2006). Through critical criminology applications, it will be possible to create fundamental reforms in the community that will promote equality and justice. The disadvantaged communities such as the people of color will, in the long run, acquire a higher quality of life. Left realism perspectives address the idea of attending offenders and communities as a means of resolving any disparities. In this case, left realists consider the concept of social justice to a higher level as compared to social order. The American legislators and judges who occupy a higher rank in the social order will always continue to be productive and create policies that favor their success and racial towards the marginalized groups. The continual commitment of crimes by the offender is an illustration of the personality trait theory. Individuals engage in drugs and other crimes in America because of their traits.
The id, superego, and the ego are three components that ought to be addressed among the offenders as opposed to answering their crimes with racial disparity. Encouragement of effective communication among the players in the system concerned with decision making is the second aspect used in eradication criminal justice disparities. References Zembroski, David. Sociological theories of crime and delinquency. Journal of Human Behavior in the Social Environment 21. Schrantz, Dennis, and Jerry McElroy. Reducing racial disparity in the criminal justice system: A manual for practitioners and policy makers. Priming Unconscious Racial Stereotypes about Adolescent Offenders. Law and Human Behavior, 28(5): 483–504. Wisconsin Office of Justice Assistance. Commission on Reducing Racial Disparities in the Wisconsin Justice System Final Report. Madison: Author. University of Scranton. Kim, Byungbae, et al. The impact of United States v. Booker and Gall/Kimbrough v.
United States on sentence severity: Assessing social context and judicial discretion. UNC Press Books. Tyler, T. R. Public trust and confidence in legal authorities: What do majority and minority group members want from the law and legal institutions?. Behavioral Sciences & the Law, 19(2).
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