Racial Disproportionality in the United States Prison System - Research Paper Example

?Racial Disproportion in the United s Prison System Introduction The United s criminal justice system has always been considered controversial for a variety of reasons. Racial discrimination is one of them. Other issues like the uneven implementation of the death penalty on different states also make the criminal justice system even more controversial. Blatant reports however on the racial disproportionality seen in the prison systems seems to be one of the major issues in America. Male African-Americans and Hispanics seem to dominate the numbers in American prisons. This is certainly a cause for concern since their population is considered the minority population in the US. Nevertheless, the statistics and report from prisons around America do not negate this phenomenon. This paper shall now discuss the racial disproportionality or discrimination in the American prisons. It shall discuss the possible causes and the impact of such disproportionality to the American justice system. It shall also review the extent of racial disproportionality and how such disproportionality manifests in the prison system. Body Information gathered by the Political Research Associates (2005) reveal that the criminal justice system is generally racist. Even as most people in the US feel that we have already overcome our racist history, these practices are still very much apparent in our society today. This is apparent in the fact that, out of the 2.1 million adult men and women in our prisons, about 70% of these are blacks, Hispanics, Asians, and other racial minorities. These people of color are being imprisoned at a rate which is very much disproportionate, and they are not given access to the rehabilitation options which are often given to their white counterparts; they are also more prone to abuse and harassment by various government agencies (Political Research Associates, 2005). Although rates of crime commission are higher among people of color, they are also being disproportionately targeted in terms of unfair treatment within the criminal justice system. Only about 12.7% of the US population is made up of Black-Americans, however, 2003 surveys reveal that they comprise 48.2% of the adult population in federal, state, and local prisons (Prison Activist Resource Center, 2003). In relation to drug abuse, the National Household Survey on Drug Abuse declare that 72% drug users are whites, and only 15% are blacks; and yet, a greater percentage of blacks are imprisoned for drug offences (in Human Rights Watch, 2000). The Latin population makes up only about 11% of the US population, and about 10% of overall drug users in the US; however, 18.6% of the US prison population is made up of these Latinos, and 22.5% of them have been convicted for drug-related crimes (Political Research Associates, 2005). In relation to the death penalty convicts, a significant percentage (42.5%) are African-Americans, and these numbers represent more than three times the percentage for African Americans in the entire US population (Political Research Associates, 2005). Surveys carried out in 2003 also revealed that whites were imprisoned at a rate of 376 for every 100,000 individuals. This is in stark contrast to the statistics for people of color, with Indians imprisoned at a rate of 709 for every 100,000, Latinos at 997 per 100,000 of their population, and for the African-Americans, at a rate of 2526 for every 100,000 (Political Research Associates, 2005). African-American males already have a 32% probability of serving time at any point in their lives; Hispanics are at a 17% probability; and for whites, they have a significantly lower probability of spending any time in jail at 6% (Political Research Associates, 2005). In reviewing this disproportionate trend in the American prison systems, it is necessary to evaluate the practices in the criminal justice system which has caused this racial disproportion in the American prisons. First of all, among adult drivers, blacks have an 11.2% probability of being pulled over as compared to whites which have an 8.9% probability (Drug Policy Alliance, 2005). Blacks also have a 75.7% probability of being stopped for speeding, Hispanics have a 79.4% likelihood for the same, and whites have a lower probability at 66.6% (Department of Justice, 2002). Police officers are also likely to stop and search cars being driven by blacks, as compared to cars being driven by whites. These details imply a racial disparity which does not seem to be adequately supported by the actual actions of the suspected criminals, but are drawn from the racial and subjective qualities of these individuals. A discussion by Schrantz, et.al., (2008) also support the fact that African-Americans and Hispanics make up a significant percentage of the prison population. Their 2008 surveys mention that of the 2 million inmates, about 38% are African-American, 19% are Hispanics, and 37% are whites (Schrantz, et.al., 2008). A picture of most prison cells in the US reveal that there is a disproportionate number of minorities; moreover, limited opportunities for education and vocational programming is apparent for those who are imprisoned (Schrantz, et.al., 2008). And since majority of those imprisoned are African-Americans, they also lose these opportunities for education and self-betterment. When released from prison, they have limited job opportunities because of their limited educational background; and this puts them at further risk of engaging even more in criminal activities. This leads them into a cycle of crime and imprisonment and of being in the mercy of the racially biased prison system (Schrantz, et.al., 2008). With the expanding prison population, opportunities for rehabilitation, institutional education, and skills development have been reduced. With the trend of incarceration leaning towards the African-American population, this would meant that these blacks would not have the skills to function in normal society (Schrantz, et.al., 2008). With many of these arrests featuring drug-related offenses, incarcerated inmates also do not have as much opportunity for rehabilitation. “Again, the absence of programming has an even greater negative impact on minorities because of their greater likelihood of incarceration, especially for drug-related offenses” (Schrantz, et.al., 2008, p. 17). Failing to address the inmates’ addiction practically guarantees a prisoner’s return to substance abuse, and an even higher likelihood of return to prison. In relation to mental illness, black inmates are usually assigned the more severe mental illnesses, as compared to whites who may exhibit similar symptoms. Blacks are usually diagnosed with schizophrenia while whites are diagnosed with depression (Schrantz, et.al., 2008). This practice labels the blacks to be a greater danger to society as compared to whites. As a result, the risk of incarceration is increased for these African-Americans. When these African-Americans are imprisoned, they also have to face the limited opportunities for effective mental health care in prison. They may even go untreated for their mental health issues. “Regardless of the reasons for overrepresentation, prisons and jails are often significantly lacking in the resources needed to correctly diagnose those with mental health or substance abuse problems” (Schrantz, et.al., 2008, p. 17). As these inmates face a very grim future in prison, they are further putting at risk their possible future outside the prison system, sending them into a cycle of crime and incarceration. The fact that most of these inmates are African-Americans and Hispanics isolates this population as high risk for crime; moreover, it also pushes the cycle towards a continued life of crime. Impact of disproportionate incarceration The practice of disproportionate incarceration in the American prison system has a significant impact on society, most particularly those who are incarcerated (Garland, et.al., 2008). Even without the practice of racial issues in incarceration, imprisonment can be a traumatic and counterproductive experience. Inmates can be vulnerable to institutionalization which involves a prisoner generally adopting the customs, cultures, and mores in the prison system (Garland, et.al., 2008). It can also make the prisoner dependent on the institutionalized structure of the prison system, causing them to be less capable of functioning in normal society. It can also lead to exposures to violence which can later cause depression, fear, anger, and emotional stress (Wooldredge, 1999). A prisoner would be surrounded by other criminals for a majority of his stay in the prison and it causes them to internalize the culture in the prison, including the pro-criminal values and techniques among these fellow prisoners (Liebling, 1999). Hence, a drug convict who would not have known how to steal may later learn how to do so in prison. As he is separated from his family and friends, the more that he gets closer with these criminal elements. For some prisoners, they may get plunged into a more criminal culture, for others they may feel overwhelmed by their situation and choose to end their lives (Austin and Irwin, 2001). Based on the above analysis, with higher numbers for African-Americans and Hispanics being incarcerated, the rate of being ‘institutionalized’ or ‘prisonalized’ is higher for these groups. As was mentioned previously, the criminal life trends can lead to a trend of crime outside and even inside the prison system. In a major way, prison creates a culture rich in criminal behavior and tendencies and it contaminates and impacts on everyone integrated in the system. For many of prisoners, they have to blend in with the prison culture in order to survive and without adequate rehabilitation programs, these prisoners would not have much skill and educational training to live legitimate lives outside the system. Imprisonment also causes serious issues for communities. Communities overly rely on the practice of incarceration as the best and the primary solution to criminal activity. As a result, a huge number of criminals have been removed from society and incarcerated as a means of solving crimes. Even as their removal has proven to be a favorable practice, the large-scale removal of low-level offenders in society can lead to unintended effects – that of causing struggling communities into more issues and into states of disrepair (Garland, et.al., 2008). This is a major point which makes racial disproportionality in prisons the main justice problem which is plaguing policymakers and law enforcement authorities. Where a large number of blacks are incarcerated, they may also cause their families and their communities financial hardship. As a result, the likelihood of other members of their family or their community being involved in a life of crime would also be increased. Being in prison also means being an unproductive member of society and of one’s family. For which reason, the significant number of racial minorities in prison would further cause financial issues to families who may lose a breadwinner or a significant contributor to the family income (Garland, et.al., 2008). For areas which are largely black or Hispanic, losing members of their community to imprisonment would cause them to lose human capital. It would also cause them to outsource from other areas or to lose profit due to less patrons and customers. In a practical sense, imprisonment impacts on communities which are homogenously composed of minority groups, like African-Americans or Hispanics (Garland, et.al., 2008). The issues caused by imprisonment are exacerbated by the fact that individuals released from prison are returning to specific neighborhoods in the metropolitan areas of the state (Lynch and Sabol, 2001). This implies that areas which are vulnerable to social issues and which have been affected by the removal of their residents are also getting these residents back but in higher volume and in shorter spans of time (Garland, et.al., 2008). Incarceration can both be beneficial and damaging to communities because their removal from chaotic societies can weaken the social efforts being carried out in these areas; on the other hand, imprisonment can also help strengthen crime control efforts in these socially organized areas (Garland, et.al., 2008). Due to an overreliance on imprisonment, there can be a reduction in the human capital which can later cause social isolation. Eventually, communities without the resources for sufficient informal social control would spread. In effect, the increase in the use of incarceration causes various social and economic effects which can prove to be counterproductive to the community life (Garland, et.al., 2008). For example, residents of two areas in Tallahassee, Florida which have high imprisonment rates were more concentrated on the unfavorable impact of imprisonment, as compared to the positive effects. They highlight areas where imprisonment had an unfavorable impact on the community. The first area relates to the stigma factor. Imprisonment causes a negative label to be placed on the imprisoned person and their families, even their communities. It can cause feelings of shame, and causes others to be suspicious and untrusting of those incarcerated, the formerly incarcerated, including their families (Garland, et.al., 2008). For communities, they may also lose profits or incomes due to such stigma. In effect, since a good majority of those spending time or who have spent time in prison are African-Americans and Hispanics, they would feel this negative stigma the most. They would be discriminated from workplaces, from school, or even in carrying out simple activities. Their families would also be ostracized because of their association with the criminal. They would also be labeled with the same brush even if they are or have not manifested any negative or criminal behavior. Another problem area seen as a result of incarceration is on the identity issues. Stigma can cause black communities to deal with the discrimination from other communities (Garland, et.al. 2008). This can impact greatly on children who have to deal with the unfair labels from other children in their schools. It can imply that they have a bad reputation just because they come from the tough streets of Boston or from some parts of Albuquerque, New Mexico. This discrimination can cause these children to have low self-esteem and a diminished sense of self. Since most of these children would be racial minorities coming from crime-infested neighborhoods, identity issues would make them vulnerable to gang membership where they would feel a sense of belongingness (Clear, et.al., 2001). It would cause them to skip school and engage in criminal activities with the gangs. Once again, a cycle of criminal life is born, and its link with the racial disproportion seen in the American justice systems is clearly apparent. Impact of imprisonment on racial integration The current and stricter policies on crime and drugs have impacted on racial minorities the most. Their communities have especially been impacted (Blumstein and Beck, 1999). Since strict drugs and crime laws have been implemented, blacks and Latinos account for the majority of the growth in prison population due to drug arrests. Moreover, the number of African-Americans imprisoned for drug offenses have increased by about 465%; and by 1994, African-Americans and Latinos make up about 90% of all drug offenders in state penitentiaries (Garland, et.al., 2008). Due to the experience of racial discrimination in the issuance of penalties for these minorities, the impact can only be negative. Any social isolation caused by the increase in incarceration will eventually reinforce the people’s feelings of social isolation (Garland, et.al., 2008). With the increase in racial discrimination in the prison systems, the feelings of powerlessness and helplessness will also increase. The unfair and disproportionate targeting of blacks has caused an impediment in the current efforts towards fully integrating these minorities into the American life. Such discrimination seems to have reinforced the longstanding negative perception against the criminal justice system (Ruddell, 2004). In a public survey, many African-Americans do not have much faith in the system, as compared to whites who have a greater trust in the efficacy of the system. Since the justice system is also considered the implementing arm of the government, the negative perceptions can then cause feelings of anger and resentment towards society (Clear and Rose, 2003). As a result, crime would likely increase, especially among those who believe that the criminal justice system is being unfairly applied. For family members exposed to such injustice, it can cause them to take on negative attitudes about the justice system. Moreover, they may also be unsympathetic towards the bureaucratic actions which the law enforcers have to take in order to enforce the law (Clear and Rose, 2003). Another issue seen with the discriminatory practices in the criminal justice system relates to the fact that with more African-Americans imprisoned, more of them would also be deprived of their right to vote (Mauer, 2002). Forty-eight US states do not allow inmates to vote, and 13 states have also placed a lifetime ban for these prisoners. This would mean that even after they are released from prison, they would not regain their voting privileges. Political exclusion can weaken the legality of political activism and participation, which includes the rights of the people to engage in civic activities. This is a major issue among blacks due to the limitations they already have, based on their history, in relation to the right of suffrage. With the combination of negative attitudes against blacks, their depressed economic conditions, as well as their disillusionment with the criminal justice system, the integration of the blacks into American society will not likely happen in our immediate future (Garland, et.al., 2008). People would not simply end up in jail without going through a process as dictated by the criminal justice system. This process runs from their arrest, to their trial, jury selection, and to their conviction and sentencing. Firstly, police officers making arrests in juvenile cases often include an assessment of their demeanor (Banks, 2004). For juveniles showing them disrespect, arrests may be made. Aside from racial considerations, the neighborhoods where the suspects are found may also be considered by these officers. African-Americans driving through a mostly white community would likely be stopped, searched, and brought in for questioning by the police (Banks, 2004). In relation to shootings involved in these arrests, police officers were also more likely to shoot at blacks than whites. These police officers express that they have a greater fear of these blacks carrying weapons and causing harm to themselves and the community, hence, they were more likely to shoot black suspects, as compared to white suspects. In relation to jury selection, although the laws have now established firm policies on the selection of juries, some states still have manifested discriminatory practices in jury selection. For one, retrieving the name of jurors from registered voters, from the DMV, or from property tax rolls would likely exclude racial minorities who may not be registered voters, or who may not have cars or properties registered (Banks, 2004). This would cause the jury pool to be filled with middle-class and white jurors; and the minorities may be marginalized from this pool. In relation to their conviction and sentencing, all in all, more blacks are convicted more than whites. Moreover, there does not seem to be any fixed evidence which would prove racial disparity during the criminal conviction process. However, in relation to sentencing, studies point out that race seems to be a significant factor in sentencing (Hagan and Bumiller, 1983). Prior criminal record also influences the sentencing process, and since most multiple offenders are African-Americans, they would also likely get a higher sentence. Some studies also note that more whites are often offered plea deals, and they sometimes get better deals on these plea bargains, as compared to their African-American counterparts (Walker, 2000). The imposition of the death penalty has also manifested racial disproportions (Aguirre and Baker, 1990). The race of the victim, added with the race of the offender is often considered in the imposition of the death penalty. For white victims and black offenders, the probability of death penalty imposition is higher (Banks, 2004). However, white or black offenders murdering a black victim have a lesser likelihood of being sentenced to the death penalty. This is a blatant disparity which all contributes to the fact that there is indeed a racial disproportion in the criminal justice system. Explaining racial disproportions in the American prison system There are various explanations to the presence of racial disproportion in the American prison and justice system. Some theorists suggest the consensus view where the state is designed to protect the interests of the people and is inclined to use the criminal justice as a means of punishing wrongdoing (Banks, 2004). It therefore uses criminal law based on the seriousness of offenses and previous convictions. Since African-Americans already have a tendency to be repeat offenders, society tends to protect itself against such repeat offenders by making sweeping judgments about them and about their criminal tendencies. Unfortunately such sweeping judgments sometimes translate to racial discrimination in the justice system and racial disproportion in the prisons. Conflict theorists on the other hand understand society as one composed of groups with conflicting values with the state. Criminal law is then used as a means of protecting the powerful and the elite and punishments are based on irrational factors like race and social class (Banks, 2004). These theorists also point out that the social groups which threaten or endanger the status quo are ideal subjects of social control and they often end up with criminalized labels with higher rates of incarceration. The minorities, which include racial minorities, represent a threat to the status quo, specifically to the dominant and powerful groups (Banks, 2004). This theory can find practical applications in the practice of vagrancy. Vagrancy is a crime of the poor who are often driven by economic difficulties to use public resources, not having a definite or legitimate purpose for occupying such. Theorists believe that vagrancy was made a crime in order for the powerful individuals to control the poor (Banks, 2004). Taken in another context, the practice of racial discrimination in the court and the prison systems have been abused as a means of controlling the racial minorities within the system, making them more vulnerable to a disproportionate system. Conclusion Based on the above discussion, racial disproportion in the American prison system is as rampant and as alive as ever. This can be seen in the actual numbers of incarcerated individuals, most of them being African-Americans and Hispanics. Considering the fact that these African-Americans and Hispanics make up a lesser percentage of the US population, a clear sign of discrimination is undeniable. This racial disproportion in the prison system is caused by various factors, the main one being the racially discriminatory criminal justice system. This system includes the arrest process of police officers which is largely discriminatory against male African-Americans and Hispanics. In the sentencing process, African-Americans are also more likely to get the higher sentence, or to be sentenced to the death penalty; moreover, lesser incidents of plea deals are offered to them. Since a larger population of African-Americans are sent to prison, many of them often end up being ‘institutionalized’ and living a cycle of criminal life within and outside the prison system. They learn to be hard-core prisoners in jail, and they lose educational and job opportunities while in prison. When they are let out, they also live through the same cycle of crime. Based on this cycle, their numbers in the prison system would continue to be disproportionate. References Aguirre, A. & Baker, D. 1990, Empirical Research on Racial Discrimination in the Imposition of the Death Penalty, Criminal Justice, pp. 135–153. Austin, J. & Irwin, J. 2001, It’s About Time: America’s Imprisonment Binge, (3rd ed.), Belmont, CA: Wadsworth. Banks, C. 2004, Criminal justice ethics: theory and practice, California: Sage. Blumstein, A. & Beck, A. 1999, Population Growth in U.S. Prisons, 1980-1996. In M. Tonry and J. 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