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Criminal Justice System Essay

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Research has highlighted that in colonial societies like New Zealand and Australia, indigenous people are particularly vulnerable to over-policing (Rowe, 2012). This is suggestive by their over-representation of all stages in the justice system. Furthermore, indigenous or ethnic minorities are often receiving disproportionate attention from the police because of their position in wider society (Rowe, 2012). These groups are not only disproportionately affected by the criminal justice system, they are disproportionately exposed to a range of risk factors relating social, economic and family circumstances (Rowe, 2012). In New Zealand, there is a clear indication of racial police bias in the continuation of over-policing of ethnic-minorities, …show more content…

The disproportionate targeting of Māori in stop and search may be contributed by the homogenous ideas of Māori criminality and violence – the fear of the dark-skinned attacker (Quince, 2007). This cultural imperialism is rooted in nineteenth century social Darwinism, which informed racial discussions and particular the ideas of the inferior species inevitability becoming extinct (Jeynes, 2011). These ideas justified the impact of European colonisation, arguing that all coloured people were inferior to Europeans as a matter of “scientific fact” (Jeynes, 2011). More importantly, Darwinist ideas contributed to understanding race and crime with biological genetic determinism and the ‘criminal type’ (Jeynes, 2011). This is echoed in the contemporary era where Māori are almost four times more likely to be apprehended for violent crime than non-Māori (Department of Corrections, 2007). While individual racial perceptions of police can be institutionally perpetuated by police culture, it may also be embedded on a cultural level from social Darwinism which encouraged and justified racist perceptions of difference, and the protection of the superior races from those who are deemed as biologically inferior

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The following essay will aim to address several issues in regards to the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). The first issue of focus will identify how the RCIADIC links policies and practices of colonisation to Aboriginal people’s deaths in custody. Such policies and practices includes segregation, protection and assimilation. This will be followed by identifying how the RCIADIC recommends that relations between First Australians and police could be improved before discussing one such recommendations effectiveness of implementation in New South Wales. Segregation, protection and assimilation are all policies that have been linked to Aboriginal people’s deaths while in custody.

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The establishment of these reserves was instrumental for the management, control and segregation of Aboriginal Australians (Hollingsworth p 101; Fozdar, Wilding & Hawkins 2008: 116). Hegarty’s own experiences of: constant supervision, segregation and separation, police escorts and patrols, physical restrictions, ‘strict discipline and unfair treatment’, and regimented structure; highlight the extent to which control and discipline were the instruments for indoctrinating the rules and regulations of the settlement (Hegarty 1999: 3,14,17,20,23,25,26,30,34,36,39,42,43, 53-55,57,58, 61,75-77,79 93,95,103,123,129,130,135,140). Moreover, reserve inmates were isolated and ’were subject to strict discipline, loss of privacy and autonomy’ (Hollingsworth 2006: 102). The basis for this oppressive regimented institutionalised racism was the intended outcome: a disciplined employable farm labourer or domestic servant; who understood the rules and therefore their position in society. (Hegarty 1999:

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In Australia, this, the unthinkable to many Australians, is and has been the reality for millions of Indigenous Australians across the nation. And there is a simple name for it. Prejudice. ‘The White Girl’ by Tony Birch and ‘Shame’ by Kevin Gilbert both offer a harrowing insight into what prejudice looked before a modern-day Australia, and both are vital to look at then, now and moving forward. Racial prejudice is embedded in the tapestry of Australia's

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Further evidence indicates that racial bias does exist in the administration of Canadian criminal justice, and, at times, this discrimination has been supported by court decisions” (Owusu-Bempah & Wortley, 2014, p. 2). The fact that Indigenous and Black Canadians are overrepresented in correctional institutions demonstrates that the issue of overrepresentation depicted in "13th" is not limited to the United States but is a current concern in Canada. It is crucial that systemic racism in Canada is not overlooked and is approached with the same level of significance as it is in the United

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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

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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

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International prison population statistics have found that the female prison population is increasing at a faster rate than the male prison population. Research has confirmed that, in the majority of countries, the male imprisonment rate is predominantly larger than that of the female imprisonment rate, however this does not apply to indigenous women within Australia. Overwhelming research shows that the imprisonment rate for indigenous women within Australia has increased at a significantly faster rate compared to indigenous males, most clearly highlighted through the general trends in prison rates within the last decade. This essay will discuss how the presence of indigeneity plays a key role in explaining the disparity between male and female imprisonment rates, further explaining why indigenous women are incarcerated at significantly highly rates. Moreover, there are numerous sociological and criminological theories, which provide an explanation for the disparity of male and female imprisonment rates.

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Assurance in equal justice remains as an overwhelming political principle of American culture. Yet withstanding unbelief exists among numerous racial and ethnic minorities. Their doubt comes as no surprise, given a past filled with differential treatment in the arrangement of criminal equity, an issue particularly clear in police misconduct. Researchers have investigated police responses to racial and ethnic minorities for quite some time, offering sufficient confirmation of minority burden on account of police. These examinations raise doubt about different police techniques of coercive control, maybe none more so than police brutality.

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Robbins (2015), study evidence examines data to observe, how social inclusion has shaped social policy. Robbins argues that social inclusion policies do not take into consideration the cultural patterns of the aboriginal people, causing a division and social exclusion between aboriginal culture and non- aboriginal culture. Walter (2016), study also agrees and presents socio- economic data gathered on the wellbeing of urban and regional Aboriginal and Torres strait islander also failed to recognize the difference in requirements from main stream non- aboriginals to the requirements of aboriginal people in Australia. Walter (2006) also argues that the inequality associated with aboriginals can be observed in the black vs white relations in the past and present, along with current racial bias policy in Australia. In order for aboriginals as a race to achieve equality and not feel marginalized, Fraser (cited by Habibis.et.al.

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One of the greatest challenges law enforcement are facing is providing effective policing for minority communities. Some factors that prevent minorities from gaining access to justice or being taken advantage of certain criminal justice services are language barriers, racial stereotyping, and cultural differences. Since the 30 's and 40 's, and even during the 60 's, civil rights activists damaged the police-minority relations in the United States, believing that police only interest are protecting white communities. A big explanation of why there 's a poor police-minority relations in the United States is racism on the part of the individual officers. Many minorities in the United States have continued to complain about being treated more harshly than whites and the Department of Justice believes that racial profiling and police discrimination will continue to be a big problem.

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Police Brutality and Racial Profiling Black people who were unarmed were killed more than whites by police last year. “Black people are three times more likely to be killed by police in the United States than white people (BBC Podcast, 2015).” Although the extent of police racial bias and their previous abusive behavior is unknown (if any), there are other issues that are known. The purpose of this paper is to argue that race and ethnicity, social class, and bias are reasons that lead to police atrocity among African Americans.

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According to the U.S. Bureau of Justice Statistics, departments that serve less than 2,500 people are 84.4% white and departments that serve millions are 53.4% white (as cited in Fifield, 2016). Notably, Over the years, a lack of diversity within law enforcement has become a pertinent issue. Notably, the underrepresentation of minorities within law enforcement influences the relationship between communities and law enforcement by engendering distrust with law enforcement. To say nothing of, underrepresentation of minorities have had many people question whether departments mirror a diverse community. Nevertheless, with that being said, underrepresentation of minorities have generated tension and distrust between communities and law enforcement and many believe that police department need to mirror the race composition within their cities.

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Pre-existing beliefs of ethnic minorities from the media, police sub-culture or other micro-level influences mean that ethnic minorities are more likely to be stopped by the police than white people in an occupational culture where targeting is encouraged (see Cashmore, 2001; Bowling et al, 2008). Such targeting mandates are guided by discretion and are likely to become entrenched in the structural policies of the police. It is in such a situation that institutional racism finds its expression. Oakley (1999, p.290) defines the term as ‘the way institutions or organizations may systematically treat, or tend to treat, people differently in respect of "race"’. When such patterns of ill-treatment are repeated continuously, they take on a ‘rule-like status’ and cannot be easily disrupted (see Haney-Lopez 2000, p. 1723).

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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. For a person to enter the criminal justice system, the process must begin with the law enforcement.

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