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Racial discrimination within the justice system
Debate on racial imbalance within the justice system
Racial discrimination within the justice system
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She points out that in some states, 80-90% of those sent to prison on drug charges are African American. This enormous discrepancy cannot be blamed either on black culture or “old-fashioned,” deliberate racism. Rather, much of the racial injustice of mass incarceration can in fact be attributed to unconscious bias. This is made worse by laws that may appear to be race-neutral on the surface, but in fact operate in deeply racist ways; this includes the one hundred-to-one ratio in sentencing recommendations for crack versus powder cocaine. Whereas there is little substantial difference between the two forms of cocaine, crack is more closely associated with black people—and carries sentences a hundred times longer than powder cocaine, which is generally associated with wealthy whites.
There is racism in this country. Although this solution may be a problem to the criminal justice system, itself will aggravate race relations today. Whites takes blacks as self-evident because of their discrimination. Hundred years ago racism still continued out the U.S thought laws were made to protect colored, whites still found ways to make sure that would stay dominant.
Prosecution & Sentencing Issues Wrongful Convictions Mateusz Konieczkowski CRM 420-01 Professor Rivolta 5 May 2015 Central Connecticut State University #1 There has been many times where the tough-on-crime approach has characterized our Criminal Justice System since the early 1980’s. One of these policies is the Sentencing guideline. Many times, when judges following the sentencing polices, they are too soft on the criminals. Some criminals get away with the crime that they have done. Even in the book illustrates how “a second problem was the recognition of racial disparities” (Mays & Ruddel, 2015).
Since, the majority of African-Americans live in areas of drug involvement, they are more likely to be racially profiled and investigated. This has created an uneven ethnic ratio in prisons and produced stereotypes that affect children that prevent them from becoming abiding citizens.
An 18 year old first time offender caught with less than two ounces of cocaine received a 10 year sentence. A 46 year old father of three who sold some of his painkillers to someone he thought was his friend, received a 25 year sentence. In 2006 37.5% of all state and federal prisoners were black. One in 33 african american men were in jail, compared to one in 205 white men and one in 79 hispanic men.
Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences such as sentencing imbalances and
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for several reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. This literature review will discuss the ineffectiveness of the United States’ criminal justice system and how mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism has become a problem.
More interestingly, the drugs that are more common to be either produce, used or sold by African-Americans are given harsher penalties than drugs that are often used by the white population such as powder cocaine. Which has in turn, greatly contributes to the high incarceration rates among blacks, and the discretions of sentences given to blacks over other races. The heightened prison population has affected the taxpayers. Due to a
Mass Incarceration and Minority Communities Mass incarceration within the United State of America is a controversial topic in politics today because of the negative effects it has on minority communities. “The United States leads the world in the percentage of its population that serves time in prison or jail.1,2 As of 2012, nearly 7 million men and women are on probation, parole, or under some other form of community supervision, which means that nearly 3% of the American adult population is currently involved in correctional supervision,” (Hatzenbuehler, Keyes, Hamilton, and Uddin, 2015). How does it affect the minority communities?
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.
As a result of the increasing animosity of law enforcement authority and justice officials within our society, it has become apparent that the time for Congressional action is now to aid in calming the social fire storm of recent social anti-police movements, increased deadly ambushes upon unsuspecting police officers, and hateful rhetoric in the form of rebellious movements. So where should our nation’s leaders begin? Professor Paul George Cassell J.D. professor of Law at the University of Utah and former Unites States federal Judge suggests by starting with a reexamination of congressionally mandated mandatory minimum sentencing. In Cassell’s publication titled “Sense and Sensibility in Mandatory Minimum Sentencing” Cassell argues the unreasonableness of forcing mandatory minimum sentencing upon state courts when oftentimes, the punishment far exceeds the severity and/or social impact of the crime. As he explains within the text, “In practice, statutory minimums can distort the processes and outcomes of the federal system.
African-American youth are 10 times more likely to be incarcerated as white youth in states including New Jersey, Montana, Wisconsin, Connecticut, Delaware, and Massachusetts. Meanwhile, in Maryland, Connecticut, Delaware, Montana, and Wisconsin, the racial disparity is almost double. In Vermont, New Hampshire, and West Virginia the racial difference decreased by half. Some of the factors that contribute to the disparity can be attributed to the crime rate influenced by social and economic issues. When it comes to drug and crime arrests in the U.S., 12% of drug users are black Americans while 32% of them represent those who were arrested for possessing drugs.
When there was a misdemeanor drug offence, black defendants were 27 percent more likely than whites to get a plea offer that included incarceration.” This shows unfairness
People of all different races and ethnicities are locked behind bars because they have been convicted of committing a crime and they are paying for the consequences. When looking at the racial composition of a prison in the United States, it does not mimic the population. This is because some races and ethnicities are over represented in the correctional system in the U.S. (Walker, Spohn, & DeLone, 2018). According Walker et al. (2018), African-Americans/Blacks make up less than fifteen percent of the U.S. population, while this race has around thirty-seven percent of the population in the correctional system today.
As well as that they remove the judge's’ ability to consider individual circumstances, indirectly create racial disparities, and goes against the constitutional rights of the prosecuted. The ACLU plans to abolish, and or reform because of the problems. Their strategy to change the problem is by passing acts such as the Fair Sentencing Act to reduce the racial difference within prison, and even out the sentence difference between forms of drugs. Data Analysis Upon analysis of the data I have come to the conclusion that even with an explanation of mandatory minimums the public seems not to understand the consequences of mandatory minimum. 50% stating they know little to nothing at all, as well as 45% stating it is an effective tool shows that very fact.
