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Racism in criminal justice system essay
Racism in america today
Racism in criminal justice system essay
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Ideally, being able to elect judges seems like a fair concept. Both parties present a field candidate and the voters decide which to choose; however, this system is flawed. Not only is it difficult for the people to obtain any real information about their candidates, there is also the issue of “…Texas justice being sold to the highest bidder.” As a result, many cases have been influenced because of these generous contributions to the candidates. Rather than electing judicial officials, Texas should adopt a system of having a governor, or the Senate, appoint its judges, then every few years, voters sustain the right to retain those judges if they so desire.
Offenders don’t realize the reality when reentering society because they aren’t giving the necessaries resources. The reality is how the criminal justice system have label them. When an offender is release from prison their life is over due to the way the criminal justice have develop. Many would concur that there is a problem with strength based. As clearly demonstrated there will always be pros and cons towards an issue.
Alexander Hamilton believed that the judicial branch is the least dangerous branch for several reasons. Perhaps Hamilton felt it is the least dangerous of the three branches of government because it does not make the laws as the legislative branch does; it simply interprets the laws that have been passed by the legislative branch and that have been approved by the executive branch. Also, there was little concern that the judiciary might be able to overpower the political branches; since Congress controlled the flow of money and the President the military, courts did not have nearly the same influence from a constitutional design standpoint. The effects of this is that the president and congress do have some control over the judiciary branch with their power to appoint and confirm appointments of judges and justice. Congress also may impeach judges which is very rare, alter the organization of the federal court system, and amend the Constitution.
Two pros of this system include: Diversity and Local Context: Having separate state court systems allows for the consideration of local laws, customs, and traditions, promoting a better understanding of local communities and their specific needs. Accessibility: State courts are typically more accessible to the general public due to their proximity and familiarity. This can enhance access to justice for individuals who may find federal courts more distant and intimidating.
In this election year a Supreme Court position opened up following the unfortunate death of justice Antonin Scalia. President Obama, has the ability to nominate a replacement as this is one of his presidential powers. Obama nominated Merrick Garland, the chief judge of the Court of Appeals, as Antonin Scalia’s replacement. After the nomination, Merrick Garland can take the position if the senate approve of the nomination. Senate Majority Leader Mitch McConnell vowed to block a hearing that would be held to nominate the nominee.
This report is helpful because it highlights how race is influenced on the death penalty. It will help me see if the death penalty is racially neutral. Coker, D. (2003). Addressing the real world of racial injustice in the criminal justice system. The Journal of Criminal Law and Criminology.
According to a poll conducted by Gallup, in just the past two decades, the percentage of people who approve of the way the Supreme Court conducts its job has declined from 62% to 40% (Supreme Court). The percentage of people who disapprove has increased from 29% to 58%. It is clear that many Americans today do not approve of the Supreme Court and its Justices. The changes in these percentages can be attributed to the widespread concern that Justices are not impartial. However, it is a fact that bias is within all of us, and we can not only blame the Justices.
Is it fair that an African American man is sentenced up to life in prison for possession of drugs when Brock Turner is sentenced to only 14 years, later to be reduced to six months for sexually assaulting an unconscious women. The judiciary system are believed to have a high african american incarceration rate as a result of discrimination. At a presidential debate on Martin Luther King Day, President Barack Obama said that “Blacks and whites are arrested at very different rates, are convicted at very different rates, and receive very different sentences… for the same crime.” Hillary Clinton said the “disgrace of a criminal-justice system that incarcerates so many more african americans proportionately than whites.”
criminal justice system, African Americans tend to be the victim of this punishment due to their race and class. defendant convicted of killing white victim is more likely to face death penalty than those convicted of killing non-white victims. The reason behind the racial disparity is that there is a problem in policy, implicit biases and structural disadvantages. The impact of race on capital sentencing is astonishing, since 1976 the U.S. has executed thirteen times more black defendants with white victim than white defendants with black victim. While criminal justice department claim they are color blind Such statistical states they are not color blind instead they are biased and not caring about the African Americans and minorities.
Racial disparities concerning sentencing have an adverse effect on the African American community. Racial profiling and plea bargaining are contributing factors that lead to overrepresentation of minorities in the judicial system. Data and statistics support the assumption that African Americans are disproportionately subjected to racial profiling, traffic stops which leads to searches and seizures that lead to minor offenses which can also lead to incarceration, rather than probation or rehabilitation (Kamalu, Coulson-Clark, & Kamalu, 2010). The existence of racial prejudice exists when African American defendants are more likely to be convicted and given harsher charges than their white counterparts that have received the same charge, but
Taking all of the studies, background knowledge, and statistics into consideration, I do believe that there is an unproportionate amount of black men serving time in the criminal justice system. It has been proven that men of color are particularly likely to be imprisoned, in comparison to their non black counterparts. “African Americans serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months). (Sentencing Project)” The sentencing of black men is commonly dealt with in a harsher manner, than with other races.
The Huffington Post says, “The U.S. incarcerates nearly seven times as many people, measured as a share of population, as Canada does. People of color are disproportionately represented in the American prison population and are typically punished more severely than white peers for the same crimes” (Daniel Marans). Racism against people of color has caused them to be represented poorly in society as potential criminals, especially black. MIT informs its viewers that “according to the United States census Bureau, blacks are twice as likely to be poor compared to other races, and eight times as likely to be imprisoned. Blacks are also three times more likely to be convicted of drug violations than whites.
Crime and Punishment have been the main symbols of the existing racial disparities in the United States for a long time now. In the earlier days, the criminal justice systems mostly entailed executions, prosecutorial and judicial prejudice, and chain-gang style penal practices. The judicial systems saw the minority groups being tried in all white court rooms by all-white juries. The highest number of offenders consisted of individuals from the black communities who were subjected to harsh punishments. Blacks who victimized the whites faced harsh and racially discriminative sentences.
In detail, describe the structure of the United States Court System. Be sure to include both Federal and State systems. Within the federal and state judiciaries, a hierarchy of courts exists. Consequently, all state court system, as well as well as the federal court system, have at least two types of courts: trial courts and appellate courts(Bethel,2015). “Historians have tended to focus on the Supreme Court alone, to the exclusion of the lower federal courts, and have largely treated early national controversies over the lower federal courts as outgrowths of the political turmoil that accompanied the emergence of the first party system” (LaCroix, 2012).
It was revealed by a survey carried out by National Consumer Council how unhappy and unsatisfactory people were with the Civil Justice System. The main weaknesses identified were that the system being too slow, too complicated for ordinary people to understand and too outdated and costly. In the continued criticism of the system Lord Woolf was appointed by the government who came up with suggestions and solutions to overcome these problems. As a result Civil Procedure Rules came into force on 26th April 1999 introducing different reforms to the system. The rationale of the reforms was to avoid litigation and promote settlement between the parties at dispute.