Racial Inequalities In The Criminal Justice System

Improved Essays
In the U.S criminal justice system, most Americans are unaware of the reality of inequalities minorities face during sentencing. People have colorblind ideologies in which they assume race is no longer a major factor in the criminal justice realm. “The most serious problems facing contemporary minority groups are structural and institutional” (Healey 2012:466). The pseudo environment in peoples minds paints a perfect world of what they believe is equal treatment and punishment, but in the environment, or better known as the real world, racial inequalities and disparities are achingly present in the forms of prison sentencing and capital punishment policies. The capital punishment policy, or better known as the death penalty, is the policy …show more content…
Capital punishment is marked by bleak racial disparities. Minority groups such as African Americans and Latinos, receive harsher sentencing treatment within the criminal justice system due to evident controlling variables that include the defendant’s socioeconomic status, the type of crime being committed, the defendant’s personal criminal history, and the racial background of the victim (Glaser, Martin, & Kahn 2015:540). Studies show clear discrimination based on the race of the victim, regardless of other factors (Cole 1999: 215). The sentencing of these minorities also depends on the racial background of the jurors, defendants, and prosecutors. The rulings may be bias and based on emotions, for an example, the jurors may have a preconceived notion about the individual based on prior life experiences. According to Drehle, “capital punishment relies largely on emotion…the public’s attitudes, politicians attitudes, and even scholarly attitudes are frequently shaped by sentiment and preconceived notions (Drehle 1995:272).” In all aspects, minorities are represented unfairly and inconsistently on the sentencing of death …show more content…
Kemp case raised questions on the unequal distribution of capital punishment amongst minorities. The Supreme Court challenged the idea of racial discrimination and the equal protection of the laws in the courts by reinstating that a dependent must prove that a “prosecutor, judge, or juror intentionally discriminated against them, that results in the death penalty” (Inwood & Barron 2015:11003-1104). Regardless of the Supreme Courts rulings that discrimination amongst the courts must be proven, discrimination is evident in all aspects of the rulings, solely based on statistics. There is an obvious pattern of minorities receiving unjust and unequal sentences throughout the criminal justice system, in which researchers and other social scholars have noticed and brought to life. Once a minority is placed in the criminal justice system, this not only negatively affects their life, but it affects society as a whole as

Related Documents

  • Improved Essays

    Randy Furst’s article “Black defendants, white jurors: Does race make a difference in the court?” is about racism and reveals that an all white jury is more likely to demonstrate racial prejudices against a defendant of color as demonstrated by his use of evidence. Specifically, Furst’s use of evidence suggests that on a mixed jury, jurors will acquit a non-white defendant more times than an only white jury. The first insight into the racism that non-white defendants have to face occurs when Larry Leventhal, Twin Cities defense attorney, says “‘I think it would be a challenge to get a jury that considers all the factors when the jury is white,’”(1). Leventhal’s reference to juries considering factors while white demonstrates that if a jury…

    • 383 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In the McClesky v. Kemp case, McClesky challenged his death sentence on the grounds that Georgia’s death penalty scheme was racially bias and violated his rights. He validated his claim with an exhaustive study conducted by Professor David Baldus, which gathered data from more than 2,000 murder cases. The study concluded that defendants charged with killing white victims received the death penalty eleven times more often than defendants charged with killing black victims.…

    • 123 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    In her article, A Critique of What Science Tells Us about the Ugly Biases of Our Criminal Justice System, Kali Holloway argues that America’s criminal justice system is inconsistent, outdated, ineffective, and biased. Kali Holloway’s article concludes that the American justice system is not about justice; instead, it is a system built on racial, social, and systematic injustices and bias. The norms of the American criminal justice system have been to punish certain segment of the American population, whether or not they have been properly proven guilty. According to Kali Holloway, the American criminal justice system is as flawed as the individuals maintaining it.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Alexander (2010) argues, “In at least fifteen states, blacks are admitted to prison on drug charges at a rate from twenty to fifty-seven times greater than that of white men” (pg. 96). As a result of past rulings by the Supreme Court have halted individuals in claims of racial bias (Whren v. United States) or sentencing under the Fourteenth Amendment (McClesky v. Kemp). Alexander (2010) writes, “All of the needed reforms have less to do with failed policies than a deeply flawed public consensus, one that is indifferent, at best, to the experience of poor people of color” (pg. 221). The author is an advocate for a reform movement against institutionalized racism. Reading about case rulings by the Supreme Courts, were aspects of the research I particularly enjoyed.…

    • 2230 Words
    • 9 Pages
    Great Essays
  • Great Essays

    Silvia Mazzula's Jury Bias

    • 1504 Words
    • 7 Pages

    Silvia found that not all judges are completely fair from her social network site, “over the past several months, my Twitter and Facebook newsfeeds have overflowed with posts about race and the justice system following grand jury rulings to not indict in the cases involving police killings of unarmed Black men.” (Silvia) We can see that the case of police killings of unarmed Black men has been discussing by the public for a long time. Silvia also mentions that Blacks are treated the worst in criminal and civil cases, and some studies show jurors’ biases about race may have something to do with their verdict, even many researchers don’t quite agree. Obviously, it’s a sensitive and controversial topic. It’s related to public concern about the justice system and racism.…

    • 1504 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    In Mass Imprisonment and the Life Course: Race and Class Inequality in the U.S. Incarceration…

    • 1083 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Over the past century, significant efforts have been made to understand the effects of race on criminal justice processing and sentencing. As a result of this research, sentencing policies have undergone numerous periods of reform. Yet, racial disparities in sentencing outcomes and incarceration rates continue to give rise to serious questions about how and through what processes race continues to affect sentencing outcomes. In this essay, we will review the scholarly research on race and sentencing, and discuss a number of important sentencing reforms that have taken place in the U.S. over the past three decades in response to evidence of disparate racial treatment and to pressure from advocates for reform.…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Discrimination in the Justice System August 9th began as any other day for young Michael Brown of Ferguson, Missouri. Little did he know that walking down the street would end his life in just a blink of an eye. Officer Darren Wilson, who ruined the Brown family and took an innocent life by mistake, will not suffer nor be punished. It is moments like these when society must come to realize the obvious discrimination in the justice system. African Americans, especially, but minorities of all color and ethnicity, have been victim to endless amounts of prejudice.…

    • 1998 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Racism in the American Justice System Forms of crime and justice have been relevant and can be traced all the way back to the first civilized societies of the Ancient world. Fortunately these systems have reformed to reflect changing customs, political ideals, and economic conditions of a given society. That being said, one would think that America’s justice system would be one of the most progressive in the world. However, looking at the overwhelming evidence, the it is actually to the contrary. As the book The New Jim Crow: Mass Incarceration in the Age of Colorblindness outlines, it has been proven that the American criminal justice system is in fact, inherently racist.…

    • 1396 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    This paper is going to explore the complex issues involving law enforcement’s often unfair treatment of African Americans and the effects it has. My intention is to explore the unfair application of laws, arrest and incarcerations rates, and sentencing disparities between races. Racial disparities have recently been thrust into the spotlight in the United States after a series of controversial instances where the African American community felt that justice was not served and that the justice system itself was biased against them. Trayvon Martin, Eric Garner, and Michael Brown chief among these cases.…

    • 1501 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    Non Unanimous Jury System

    • 206 Words
    • 1 Pages

    In conclusion, as the author and Justice William Douglas promote, the idea of a non-unanimous jury system for criminal cases can be assumed to be a biased legal system when concerning minorities. Even the juries inclined to be mostly white and male, which has been pointed out by the author and Harvard’s Carles Ogletree. Ogletree argued that “non-unanimous jury [functionally silenced] the views of racial and ethnic minorities and women,” and that these juries “allowed prosecutors to keep one or two minorities on a jury without having to worry about their effect on the outcome of the trial” (58). Looking at the evidence in even contemporary cases such as Derrick Todd Lee of Baton Rouge in 2004, even though they could not find absolute evidence…

    • 206 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Considering the achievements, and advancements African Americans and Hispanics conveyed, they are still dubbed as second class citizens and through the eyes of the White superiors should receive longer prison sentences, and punishment due to the findings of data which puts their minority group at a high rate of incarceration. In addition, as noted in the above-mentioned subject matter, one can reason that racial disparity in the U.S criminal justice system is considerable, a social issue confronting our public. Most minority groups such as African Americans, and Hispanics encounter the erroneous outcomes of this issue. Accordingly, should greater attempts be made to stop this ongoing issue within minority communities by all race groups, and those working within the system could support the Black and Hispanic populace from encountering disparity in…

    • 1297 Words
    • 6 Pages
    Great Essays
  • Great Essays

    Racial bias or racial tendencies become apart of society when the only image of a criminal is African American. A fundamental component of racial profiling is the targeted application of law enforcement resources to communities of color when whites engage in similar behaviors but do not receive similar scrutiny (Glover, 2009, p.93). Unconscious bias is active even when law enforcement tries not to discriminate because of their racial…

    • 1996 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    criminal justice system are drawn from research findings in several areas: (1) minority juveniles are more likely to be disadvantaged in the juvenile justice system, thus creating a cumulative record of disadvantage over the life course; (2) police discretion results in higher arrest rates (as well as harsher treatment at arrest) for minorities; (3) the War on Drugs, and other “get tough” legislation enacted since the 1980s at the state and federal levels disadvantage African Americans; (4) persistent, unwarranted sentencing disparities as well as differentials in rates of incarceration indicate racial biases; and (5) directly or indirectly, the death penalty targets blacks.” (Rosich) In recent years, the long-felt effects of the criminal justice system’s policies such and Mandatory Sentences, Stop and Frisk, and the 1994 Crime Bill has been at the center of much debate. With authors such as Michelle Alexander’s book The New Jim Crow and documentaries such as 13th, an Ava Duvernay film that provides an in-depth look at the prison system in the United States and reveals the nation's history of racial…

    • 1171 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Racial Disparity In Criminal Justice Essay

    • 1737 Words
    • 7 Pages
    • 5 Works Cited

    These are acknowledgement of the cumulative nature of racial disparities, encouragement of communication across the key players in all steps of the system, knowing what works at one step of the system may not always work in another, and working together towards a systemic change. The issue of racial disparity builds at each stage of the criminal justice system from arrest through prosecution and sentencing rather than the actions of one particular level of the system. In order to tackle the unwarranted disparity there are strategies that are needed in order to tackle the problem at each individual level of the system and this will need to be done in a coordinated and strategic way. Without a systemic approach to the problem gains in one level may be offset by reversals of another level. Each decision point and area of the system requires their own unique strategies depending upon the degrees of disparity and the specific population in which is affected by the actions of that level.…

    • 1737 Words
    • 7 Pages
    • 5 Works Cited
    Superior Essays