CRIMINAL JUSTICE SYSTEM - Term Paper Example

?Running Head: CRIMINAL JUSTICE SYSTEM School: Topic: Criminal Justice System Lecturer: presented: Introduction America is comprised of people from different racial and ethnic backgrounds especially as a result of slavery and massive European immigration. The races consist of the Native Americans, whites, Hispanics, Latinos and African Americans. The Latinos are of Spanish origin and are immigrants while the African Americans originated from slavery. As a result of the mixed races, there are a lot of allegations of racism in all aspects of the lives of the Americans. Racial discrimination in the criminal justice system is therefore apparent and has been blamed for the rising number of young black males in prison and jails as compared to their white counterparts. For example, by 2002 10.4% of black males ages 25-29 were in prison and more than one in every four black men are expected to be incarcerated in state or federal prison at some point in their life time (Rennison, 2003). The same report indicates that 45% of all inmates at the end of 2002 were black, 34% white and 18% Hispanic. According to Bonczar & Allen (1997), the likelihood of incarceration is related to race. The likelihood is higher for African Americans with 16.2% compared to the whites whose likelihood is 2.5%. This shows the extent of discrimination that exists in the American judicial system. However, it is difficult to proof the existence of racial discrimination as it may occur during police arrests or during judicial process. There are also various factors that determine who is involved in crime which affects the rate of crime for different racial and ethnic groups. Some may get involved in crime for personal gains and to reduce pain caused by inequalities and other factors, some engage in crime due to sociological, psychological and biological factors, substance abuse among others hence commit different offenses which are dealt with differently depending on severity of harm caused. However, since the colonial times during slavery, the blacks tend to be given stiffer penalties as compared to the whites due to laws in place such as Jim crow laws and laws to curb war on drugs which prescribe severe punishment for the blacks who are involved in crack drugs rather that powder drugs which are specialty of the whites (Siegel, 2009). The paper will explore the reasons why black men age 25-29 are so much likely in jail as compared to people of white or Latino descent. Factors Associated with who Gets Involved in Crime There are many theories that try to explain why people engage in criminal behavior and the kind of punishment they deserve for such acts. The strain theory indicates that people engage in crime to reduce or run away from stressful situations (Banks, 2004). The black people are associated with low socio- economic status; their standards of living are poor, lack employment, low income and poverty and lack social status or respect from the middle class and the rich whites. As a result, the black people especially the young who are unemployed engage in criminal behavior such as violence, assault, and robbery to ascertain their position in society. This helps them to accomplish their goal of gaining respect. They also desire to be rich so as to be equal with their white counterparts hence engage in crime. The young black men are also prone to childhood neglect and abuse hence turn to crime to cope with stressful situations. For example, they can engage in violent behavior to avert anger. The classical theorists on the other hand argue that people engage in criminal acts at free will. According to Siegel (2009), individuals are rational and always act to maximize pleasure and reduce pain. If the suspects perceive that the gains from crime are more than the cost or punishment, they would act rationally and hence commit crime. The black young men have more to gain from crime than their fellow whites. Due to racial disparities, the blacks are considered inferior and unintelligent hence lack respect from the whites. To be at par with the whites, they steal to have more money so as to gain respect or engage in violence to prove their superiority. They thus prefer to commit crime for self fulfillment or pleasure and may get arrest in the process hence the large number of young blacks in the prison. The classical theorists advocate for swift and certain punishment for such crimes so as t counter the gains fro the criminal acts and greater penalties for the offenders. The sociological theorists argue that the offenders are influenced by the environment. Children from black families are prone to various negative factors in the environment. According to Russell-Brown (1998), the African Americans have the highest rate of single mother families, absent fathers, divorced parents and unemployed parents. This impact negatively on their childhood hence engages in crime in their adulthood. Siegel (2009) argues that such young blacks do not see the value of adhering to the values of the society as they are of no benefit but crime on the other hand is beneficial. Peer influence has been associated with American gangs who commit crime to protect their turf. Biological factors also contribute to criminal behavior. Some theorists believe that criminal behavior is inherited from generations to generations. This may explain why the African Americans are viewed as criminals due to the violent acts of their forefathers who were slaves and were treated as savages. Russell- Brown (1998, p. 3) acknowledges the stereotyping of the blacks as criminals in her statement “the picture that comes to mind when most of us think about crime is the picture of a young black man”. The young black men are thus stopped by the police and arrested for no apparent reason but just because they are black and blacks are criminals. The Latinos are also considered as criminals but not as dangerous as the blacks. The whites on the other hand, are not associated with crime even though they commit crimes especially white-collar crimes. Culture and race in this case plays a great role in determining who is involved in crime according to the police and the public opinion (Gabbidon, 2010). Racism is associated with who gets involved in crime in the US. The judicial process is biased against the blacks in its federal and state laws as well as how court proceedings are conducted. According to Banks (2004, p. 66), in the year 2000, the black inmates serving sentences of more than one year represented 46% of the inmates while the whites were represented by 36%. She also noted that 10% of all the black males aged between 25 and 29 were in prison in the same year compared to 1.1% of whites of the same age group same year. Such high percentages of young blacks in prisons can be explained by discretionary powers of arresting agents, the jury and the judges. For example, the prosecutor’s decision to seek death penalty and the willingness of judges and jurors to impose the death sentence is influenced by race (p.67). The race of an individual influences his/her criminalization by law agents. According to Banks (2004), the society consists of people with conflicting interests and the state is organized to protect the ruling class who are the powerful people in the society and anybody against their immense powers or threatens it is due to be criminalized. Those who oppose the power of the ruling class also suffer greater incarceration rates. The whites are the elites in society and hence comprise of the ruling class. The blacks on the other hand are poor and unemployed especially the young working class who persistently demand their rights hence threatening the power of the ruling class. They are thus criminalized and are more likely to be incarcerated. The crime control policies are hence geared towards controlling the African Americans and maintaining their subordinate role to the whites. Albonetti (1990) argues that police profiling is based on race and age. Young people especially blacks are thus more likely to be stopped and questioned or searched by the police. The young people also have a negative perception of the police hence the unpleasant encounters with the police in the streets and increased likelihood of arrest and incarceration. He also argues that race determines the rights and obligations of individuals hence institutions policies and practices continue to produce racial disparities in criminal justice (57). Siegel (2009) argues that the factors that influence people to commit crime change as people mature. The young people who are job seekers thus have a higher probability of committing crime especially the blacks and the minorities who face numerous challenges while seeking employment due to their race. Racial discrimination can be described in what is referred as ‘petit apartheid’ (Albonetti, 1990, p. 57). The slave codes discriminated against the blacks in that they were denied rights and freedoms. They determined where the slaves are supposed to go, what activities to undertake as well as the contracts to engage in (Russell-Brown, 1998). The codes also discriminated the blacks by using degree of blackness as the basis for determining punishment (p.15). For example, murdering of a black man was not considered a crime for the whites but blacks were punished severely by whipping and death. The murder of a white man was considered a serious offence punishable by death but white offenders had less severe punishment. The same case applied to rape or assault of a white woman. The black codes enabled the arrest of blacks due to unemployment which was considered as a crime. At the same time, strict rules were applied to blacks searching for jobs hence it was not easy to get a job. This resulted in mass arrests for young unemployed blacks who are mostly males as compared to white compatriots who got jobs easily. Jim Crow laws which emphasized segregation also discriminated the blacks. The blacks were thus subjected to physical assault and lynching. According to Russell-Brown (1998), being black was a crime in itself hence blacks are often stopped, questioned and assaulted by the police. According to Gabbidon (2010), racial and ethnic minorities are more likely to be searched when stopped by the police. The rising number of young black males aged 25-29 (8.1% in 2005) was attributed to differential treatment during arrest as claimed by Gabbidon. The percentage of the whites was 1.1%. What Happens in Criminal Justice System The criminal justice system involves several stages. Siegel (2009) identified the various stages that offenders undergo through from initial contact with the police to sentencing. The first stage involves police awareness of the crime through observation, victim complaints and through citizen policing. They then carry out investigations so as to gather all the facts and establish the basis for arrest. They identify the offender and arrest him or her. However, police have the discretion in arresting and due to their corrupt nature; they may arrest people for no basis or due to racism (Banks, 2004). The blacks are considered as criminals hence have a higher probability of being arrested than the whites. Gender also matters; men are more likely to be arrested. The arrested persons are taken into police custody where they are finger printed, record personal information and give further evidence if required (Siegel, 2009). The police then hands the evidence to the prosecutor who determines whether to file a complaint or not. If he/she decides to file a complaint, he presents the evidence to the jury to decide whether to bring the suspect to trial or a case is heard in a preliminary hearing of a lower court. The defendant at this stage is allowed to counter the accusations brought forward by the prosecutor. The process thus involves discretion by the parties involved and this may promote discrimination. The blacks are not well represented by the jury and hence suffer discrimination. They thus end up being incarcerated for crimes they did not commit whereas the whites are given fair plea bargain and have less probability for being incarcerated for the same crime as the blacks (Gabbidon, 2010). The blacks suffer longer sentences and unfair trial in the justice system due to lack of resources as compared to the whites. They are unable to hire highly qualified lawyers to defend them and are entitled to state lawyer but resources not enough to defend the victim well (Siegel, 2009). The blacks thus suffer mentally and physically for conviction of crimes not committed. The due process model thus emphasizes on the control of discretionary powers of the justice system and scrutiny of police arrest procedures. The justice system also offers stiffer penalties to offenders to prevent recurrence of crimes and this affects the offenders. Some people advocate for rehabilitation of victims rather than stiffer penalties so that victims can mix with society well after their sentence hence prevent recurrence of crimes. The mandatory sentencing laws passed by the congress to fight against drugs have a great impact on the blacks. The congress approved harsher punishment for possession of crack cocaine which is mostly dealt with by the young blacks than the powder cocaine which is mostly handled by the whites (Banks, 2004). This constitutes discrimination as the young blacks receive longer sentencing than the whites for the same crime. This topic is important in the study of cultural diversity as it enumerates the great challenges and discrepancies between people of different racial and ethnic backgrounds. People have different culture and customs that dictate their way of life and the socialization process. The whites are considered a superior race to the rest hence is favored in all aspects of life. They are well educated, employed have good living standards and enjoy power. The African Americans are socialized to belief they are an inferior race right from slavery period hence continue to be discriminated against. They lack respect and status enjoyed by the whites and to gain status and respect, they engage in criminal behaviors. The beliefs of various cultures differ hence some communities advocate criminal behaviors while others reject them. Conclusion The young black males age 25-29 are more likely to be in jail as compared to their fellow white and Latino counterparts due to the cultural differences that exist between them. The blacks are portrayed as criminals in all aspects and inferior hence suffer racial discrimination in the justice system. They also suffer arrests and assault by the police due to their cultural beliefs and socialization. The media portrays them as aggressive and as criminals due to featuring in TV programs involving crime. Their physical structure and virtue of being black makes them possible crime suspects hence are arrested and incarcerated for crimes not committed. The laws also are unfavorable to them and offer stiffer penalties for them. References Albonetti, C (1990). “Race and the Probability of Pleading Guilty”. Journal of Quantitative Criminology, Vol 6: 315-334. Banks, C (2004). Criminal Justice Ethics: Theory and Practice. Thousand Oaks, CA: Sage. Bonczar, T., Allen, B (1997). “Lifetime Likelihood of Going to State or Federal Prison”. Bureau of Justice Statistics. http://www.ojp.usdoj.gov/bjs/pub/ascii/IIgsfp.txt Gabbidon, S (2010). Race, Ethnicity, Crime, and Justice: An International Dilemma. Thousand Oaks, CA: Sage. Rennison, C (2003). “Criminal Victimization 2002”. US Department of Justice. http://www.ojp.usdoj.gov/bjs/pub/ascii/cvoo.txt Russell-Brown, K (1998). The Color of Crime: Racial Hoaxes, White Fear, Black Protectionism, Police Harassment and Other Macroaggressions. New York: New York University Press. Siegel, L (2009). Criminology. 10ed. USA: Thomson. Read More