Racial Injustices against Black Criminal Offenders in the Criminal Justice System - Literature review Example

Racial injustices against black criminal offenders in the criminal justice system (Name) (Institution) (Course) (Instructor’s Name) Date of submission Introduction In the 21st century, many Americans assume the issue of racial discrimination is long gone and forgotten. The election of black president somehow seemed to cement this fact; an ideal day free of racial discrimination that had been predicted by various black human rights activists such as Martin Luther king and Reverend Jessie James. The presumed ideal times are however tainted with racial discrimination especially in the criminal justice system. Since the abolition of the Jim Crow rules, racial discrimination is a criminal offence in the US. However, a look at the country’s justice system indicates the crime goes on unabated. As of 2006, 40% of the 1, 552, 924 persons incarcerated in US federal and state prisons were black, 20% were Hispanic and 35% were white. Interestingly, the blacks comprise only 12% of the country’s population (Aryes 2003; Death Penalty Information Centre 2010). This figures become more appalling for males especially between 20 and 30 years. This paper intends to show that black offenders in the hands of the American criminal justice system are a target for racial discrimination and injustices specifically indicated by tougher sentences and higher bails when compared to white offenders of the same crime. Discussion A number of surveys indicate that black offenders are charged relatively higher bail as compared to their white counterparts who commit the same crime. Lawyers and human rights activists have been at pains to irrevocably prove this due to a number of challenges (Aryes 2003) despite a number of studies and empirical observation that support the claim. One study in New Haven arrests showed that after controlling for eleven variables relating to the seriousness of the alleged offence, bail amounts for the black male offenders were 35% higher than those of white male offenders (Aryes 238). This implies that race becomes a factor when approving and setting bail to the disadvantage of the blacks. An explanation of this disparity has been attributed to prejudice and stereotyping by the media and especially television. Free (2003) explains that black Americans are depicted as having a higher probability of fleeing after being released on bail and repeating crime. With increase in the amount of time spent watching television, the perception of blacks being crime prone is being cemented in the American society. Larrain (cited in Free 2003) says that crime coverage on television gives an “inadequate and distorted picture of the contradiction in the American society” (p. 62) which is carried on to reality to the disadvantage of the minority communities and more so the blacks. Much of these contradictions have race undertones. The policies followed by the American criminal justice system have been accused of perpetuating and facilitating racial discrimination among offenders. Banks (2004) writes that the flexible sentencing guidelines of the past fostered racial discrimination by permitting judges so inclined to make decisions based on their individual biases toward various racial groups. In the 21st century, not much has changed because the current guidelines rely so much on the socioeconomic status of the offenders to pass sentences which is to a great extent tied to race (Henderson 2000; Garland et al 2008). The current approach to justice presumes that low income earners and those who dwell in the undefined lower social status are more prone to crime than the wealthy and those on the upper social status. Another reason attributed to racial discrimination of black criminal offenders is the racial composition of the prosecutors and the jury which influences their decision. Scheb et al (2008) conducted a study involving 968 first degree murder convictions in Tennessee from 1977 to 2006 to asses the role of the defendants’ race and that of the victim in the sentences given. Garlard et al (2008) Radlet and Borg (cited in Scheb et al 2008) inspired this kind of research with their claims from past research that a death penalty was three to four times likely where the victim was white as compared to when the victim was black. Although Scheb et al (2008) did not attain clear evidence, they suggested that use of better control would yield better results. In this case therefore, racial discrepancies in the administration of justice in the opposite direction; where murder victims are black, the likelihood of a death sentence reduces. A report by the Death Penalty Information Centre (2010) reveals that the racial composition of the jury determines the outcome of a murder conviction. The report indicates that in states where the death penalty is still upheld, 98% of all district attorneys are white with just 1% being black. Texas tops the list of the states with the highest number of death penalty executions with 24 in 2009 and 24 penalties since the beginning of 2010 which has a relatively high number of white prosecutors and jurors. The role of the race of the jury is magnified by the case of William Henry Nance a black male in Georgia sentenced to death. In this case, the jury had only one black person, Gail Daniels whose vote was utterly ignored in passing the sentence. The white jurors in the panel decided to inform the judge that the jury had reached a verdict without his approval something that was later confirmed by one white juror (Garvey 2003). Prosecutors have also played the race card to influence the verdict of the jury especially where the defendant is black. Garvey (2003) says that prosecutors try to portray racial undertones in cases where the defendant and the prosecutor are from different races. The fact that there are more white jurors and prosecutors than blacks implies that alleged black offenders have minimal chances of obtaining a fair trail. Henderson (2000) claims that racial undertones are the reason why there are more death penalties involved where the defendant is back and the victim is white. These are some of the factors that Free (2003) says that they lead to wrongful conviction and a biased criminal justice system. Henderson (2000) identifies collaboration between the police and prosecutors as a commonly used way of perpetrating racial discrimination in the criminal justice system. He writes that the police have the discretion to present evident in any case to a federal of state court depending on the prosecutor stationed there a call that is prone to racial considerations. Though this claim has not been scientifically proven, informed prediction indicate that police will present evidence where they feel that the prosecutor will be most harsh. Where a prosecutor’s race does not help in predicting the severity of the punishment, police will tend to present evidence to the federal courts where sentences have empirically showed to harsher. Incarceration of the minority people is used to dilute the growing economic and political threats posed minority groups. The white man society is the US feels threatened by the growing population of the minority groups especially the blacks and Hispanics with the criminal justice system being misused to curb their expansion (Free 2003; Banks 2004). The author indicates that in the last two decades of the 20th century, black males’ incarceration increased 40% faster than white males’ incarceration. The same trend has been observed in the recent past where the blacks in American prisons comprise the largest percentage of all inmates. Awarding of bail is also characterised by racial disparities (Ayres 2003, Free 2003). Ayres (2003) writes that he current Connecticut law stipulates that bail should be set at an amount that will “reasonably assure the appearance of the arrested person in court” rather than discourage his appearance. This law is based on the assumption that higher bails discourage arrested person from appearing in court. Henderson (2003) writes that racial profiling and socioeconomic status of the defendant are used to set the bail which categorically implies that the blacks are charged a lower bail than their counterparts. He however indicates that supposed fair treatment of the blacks only ends there as roles are reversed once a conviction is made. The police force as a player in the enforcement of justice has played a vital role in criminalizing the blacks through racially biased policing. Henderson (2000) notes a number of cases where young innocent black males have been shot by police after wrongful assumption of criminal intent. One case worth mention is the shooting of black 26-year old Patrick Dorismond in midtown Manhattan on 16th March 2000. The young man was hailing a cab when undercover policemen suspecting that he were a drug dealer tried to buy drugs from him. Given that the young man had no drugs, an argument ensued and the young man was shot and killed on the spot by one of the officers. The city mayor by then, Rudolph Giuliani did not express any form regret until later but cited the police record of the young man to warrant his death. Conclusion The African American race has achieved a lot in the American system politically, socially and economically. However, in the 21st century, the criminal justice system has allowed some policies that undermine the progress made by African Americans and other minority communities. Going by the current figures, the probability of a black person being an offender is high given the high number of black offenders in courts or jails. However, the passing of the verdict that incriminate this people seems to be influenced by racial discrimination forces. This fact cannot be ignored citing the history of the American society. The perception of the black people as criminals or criminals as being largely black does not auger well with America’s pursuit of human rights. References Ayres, I. Pervasive Prejudice?: Unconventional Evidence of Race and Gender Discrimination. Chicago: University of Chicago Press, 2003 Banks, C. Criminal justice ethics: theory and practice. New York: SAGE, 2004 Death Penalty Information Centre 2010. http://www.deathpenaltyinfo.org/ Free, M. Racial issues in criminal justice: the case of African Americans. Chicago: Greenwood Publishing Group, 2003 Garvey, M., 2003. Beyond repair?: America's death penalty Henderson, W. Justice on Trial: Racial Disparities in the American Criminal Justice System. New York: Diane Publishing, 2000 Garland, B. Sphon, C. & Wodahl, E. “Racial disproportionality in the American prison population: using the Blumstein method to address the critical race and justice issue of the 21st century” Justice policy journal. 5.2 (2008), 1-42 Scheb, J., Lyons, W. & Wagers, K. “Race, prosecutors, and juries: the death penalty in Tennessee” Justice system journal. 29.3 (2008), 338-347 Read More