Racial Discrimination in Criminal Justice System - Essay Example

? Introduction Racial discrimination in the criminal justice system is prevalent in areas where the minority ethnic groups reside. This discrimination goes unreported or always neglected. Racism flaws the process of police enforcement in criminal activities. The targeting of these groups is evident when police profile according to race of the individuals, the identification of then suspects from a minority group majorly based on ethnic origin on color constitutes racism in the criminal justice system Spalek (2008). The targeting of these groups by the police on the notion that they commit more crimes acts to deepen the alienation and hostility between the police and these communities. These complain of such groups not taken seriously not withstanding that they are a target of regular police hostility and violence. These kinds of racist behavior done trough the complete awareness and consideration by legislators on the history of racism, and the societal challenges brought about by racist treatment of people. The criminal justice system comprises of the courts, police and the correctional facilities. Discrimination usually occurs to individuals who belong to a group either marginalized or belonging to a group that with history of social stigmatization. These individuals have a higher likely hood of torture or undergoing human degrading treatment. The racial origins of a suspect form the basis of making decisions police arrests and police shootings. The race-based discrimination is the greatest crime in the criminal justice system where the targeted individuals face more aggressive and punishments as compared to the total population. Looking at the United State of America, for example, the African Americans are a target of racial discrimination and face a much harsher punishment and treatment than the whites. Racial discrimination The aspect of racial profiling by the police brings out the vice of racial discrimination by the police. This factor is what the police use as a basis of deciding whether to make a stop search or make a street stop and question the member of the public. The officers have long used this manner of stereotyped questioning by the police, and the practice deeply rooted. The stereotyped practice has led to mistrust in the police force by the racial communities. In trying to eradicate this practice, the police have tried to keep away from the habits the police force has recruited individuals from these communities into force in order to try and increase the confidence of these communities in the police force. The view among the public citizens is that the functioning of race as a basis of deciding on whom to stop and search is wrong. This position, however, challenged by a section especially in connection to terrorist attacks, and the use of race to form the basis of stop and search seems necessary. The effect of racial profiling is that the police do not get assistance by these communities’ especially in investigations and during community policing done by the police on these neighborhoods. Changes aimed at reducing racial disparity Although considerable efforts made to reduce instances of racial discrimination and increase trust in policing strategies among the communities the practice yet still exists. Scarman's recommendations The Scarman’s report of the Brixton disorders in 1981 extensively seen as of immense significance in development of practices of policing. The inquiry of the Scarman regarded additional necessity by the flare of rioting across the country in the same year. The fundamentally concern was about the failure by the police to deal with riots resulting from repressive policing methods, the failure of approval and the lack of capability in conflict resolution and public disorder. It is essential to note that much of the police reforms conducted during the 1980 s. In consideration to changes in discriminatory practices and policing, Scarman in concluding his report states that the allegations by a number of individuals who offered representations to Scarman to the effect that Britain was a racist society. The implication is that Britain is a society knowingly due to policy practices discrimination against black people is a false allegation. He develops the case to emphasize the trend and police policies are not racist. The report notes that racist actions and prejudice happen, and each case of it has a vast impact on the beliefs and attitudes of the community. The avoidance of each probable measure becomes necessary to avoid and to root out ethnically biased attitudes within the police force. Scarman, resulting from this inquiry, made a conclusion that the absence of discussion with representatives of the community before Swamp 81 was a judgment mistake and that the entire process was a grave fault, given the pressure present involving the local community and the police Spalek (2008). His consequent recommendations determined efforts organized to enlist other ethnic minorities into the police force and permit for changes in law enforcement and training. Mcpherson's’s recommendations These recommendations resulted in the most broad reform program in the relationship history between the police and the racial groups. According to Angela (2008), the change that was most significant was the race relations amendment act. This Act embodies in its application the race relations act of 1976 and includes the police in the public authorities not included initially. Either the provision makes the action to be unlawful and discriminative indirectly or directly in providing police services and in the use of cohesive powers Spalek (2008). The recommendations have led to the appointment of diversity champions who have a mandatory obligation to ensure the encouragement of ethical practice essential support, practices and multiplicity in the realization of race diverse policies. The police force should aim at provision of services that focus on citizens; responsive to the citizens needs especially witnesses and victims. Work to inspire the confidence of the public especially among the minority and ethnic communities in the police force. The practice of individual acts and racist behavior receives an easy understanding and address than the complex and entrenched aspects of police practice. Ethnic discriminating by the police acts as criminalizing the entire community and denying the communities justice. The police force has embraced the changes by the recruitment of police officers from among the ethnic communities ton boast the confidence accorded to the police force. The power of stop and search has suffered considerable criticism; the situation is so because the power to do this is open to abuse and mainly in consideration to the discrimination of ethnic communities by the police force Spalek (2008). There is clarity that the individuals in the police force have views, which are racist. Criminalization based on ethnicity not only undermines the legitimacy of the state but also the trust and confidence in the police force. Criminal justice and non-discriminatory principles For the proper functioning of either the civil or criminal justice, the principle of non-discrimination is essential. There should be awareness that the minority groups are more vulnerable to the factors that constrain their freedoms. This should also include factors that restrict their rights and not familiar with the processes of the legal field. The international law recommends that there should be effective protection of individuals. The protection accorded if then individuals are victims, offenders, or witnesses. The international law requires equality in respect of the law and the protection of the law that is equal, equal access to the criminal justice system and the same respected by all states. The international statutes recognize that the least guarantees of the presumption of innocence including the due processes, individuality associated with sentencing, strict definition of offences by the law, and elimination of inhuman or degrading treatment are without distinction of any kind between individuals. The international framework that aims at attaining the reduction of racial discrimination and racism is the International Convention regarding Elimination of Racial Discrimination. The convention provides that governments should declare ideas and acts based on race offences punishable by law. These acts include incitement and violence against such groups. Introduction of PACE Subsequent public concerns regarding police prejudice and mainly the effort of organizations, for example, the 1976 Scrap Sus Campaign the Police and the Criminal Evidence Act of 1984, commonly known as PACE, enacted to control powers. The Police and Criminal Evidence Act was the initial legislation to unite appropriately, what had been at the time before its enactment, a different variety of powers in relating to the exercise of searches by police force in Britain. The suggestion that the enactment of new and enhanced stop and search powers alongside suitable safeguards in PACE resulted as a straight reply to the 1981 Royal Commission on Criminal Procedure that had suggested this, partially as a method of looking into both officer and public worry about the method of carrying out searches. The inquiry by Scarman which addressed the question of riots which occurred in the English cities, in the early 1980s, certified these recommendations, acknowledging that the earlier powers contributed in the increased level of tension apparent among police and ethnic individuals and communities. Rectification of this authority certainly confirmed by Scarman's inquiry in the concluding comment that had an effect to that the legal state shown by the Royal Commission on Criminal Procedure Angela (2008). Conclusion The assumption is that the government is trying to eliminate racism with one hand while entrenching the act with the other hand. The argument is that laws, for example, the Criminal Justice Bill of 2002 and the 1999 Immigration and Asylum Act disproportionately affects ethnic minorities as a result of the strongly engrained institutional racism. The Anti-Terrorism Act of 2001 similarly said to be discriminatory and perceived as limiting many essential rights because of national security. Notwithstanding the substantial improvement in policing there continue to exist a number of incredibly significant drawbacks in the progress. The encouraging developments eminent are not consistently evident transversely through all the police forces Spalek (2008). The police tend to focus much consideration on reforms which are particular observable and, perhaps, attainable Angela (2008). The greatest ongoing complexity is to know the character of, and scheming answers to the crisis of institutional racism, and that in spite of motives groups get unsuitable or insufficient service for the reason of their culture, ethnic origin or color. International legal principles that prohibit discrimination and inequality is apparent particularly in reference to justice administration based on international law. The main problem is ensuring national compliance. The eradication of manifestations of xenophobia and racial discrimination and related prejudice in the justice administration requires a long time and needs a lot of funds and political will. The enlistment of research, resources, advocacy and education in the process is a difficult task for some states. In order to convict, there is a necessity of research that encompasses the mechanism that leads to the perpetuation of discriminating activities. The intricacy and multiplicity of de facto and de jure prejudiced mechanisms in administering justice in a great number of countries act as a deterrence. The broad assortment of practices that are discriminatory and basis for discrimination, the dissimilarity among judicial and legal systems and the heterogeneity of solutions used by institutions this approved countrywide are all fields that need urgent and further research and study. Bibliography Angela, J (2008), Racial Fairness in the Criminal Justice System, Davis Final: Texas Barker, I 2011, 'Circumstantial evidence in criminal cases', Bar News: The Journal Of The NSW Bar Association, Winter 2011, p. 32, Informit Humanities & Social Sciences Collection, EBSCOhost, viewed 19 April 2012. Cashmore, E (1996), Dictionary of Race and Ethnic Relation, Routledge: London Danielle, N (2007), An Examination of How Changes in Policing Practices have Affected Criminal Justice Discrimination against Minority Ethnic Communities. Internet Journal of Criminology. Dennis, I 2011, 'The human rights act and the law of criminal evidence: Ten years on', Sydney Law Review, The, 33, 3, p. [333]-357, Informit Humanities & Social Sciences Collection, EBSCOhost, viewed 19 April 2012. Edwards, J 2010, 'Justice Denied: The Criminal Law and the Ouster of the Courts', Oxford Journal Of Legal Studies, 30, 4, pp. 725-748, Business Source Complete, EBSCOhost, viewed 19 April 2012. Fenwick, H (2002), Civil Liberties and Human Rights, Cavendish Publishing: Singapore Fredman, S (2011), Discrimination law, Oxford University Press: New York, NY Great Britain, (2007), Young black people and the criminal justice system, The Stationery Office: UK Group, R 2012, 'PRELIMINARY REPORT ON RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM', Washington Law Review, 87, p. 1, LexisNexis Academic: Law Reviews, EBSCOhost, viewed 19 April 2012. Hathaway, O, & Shapiro, S 2011, 'Outcasting: Enforcement in Domestic and International Law', Yale Law Journal, 121, 2, pp. 252-349, Academic Search Premier, EBSCOhost, viewed 19 April 2012. Hor, M 2011, 'Relatively criminal: Spouses and the criminal process', Singapore Journal Of Legal Studies, July 2011, p. 37, Informit Humanities & Social Sciences Collection, EBSCOhost, viewed 19 April 2012. Kaplan, J, Weisberg, R, & Binder, G 2004, Criminal Law : Cases And Materials, New York : Aspen Publishers, c2004., NUCAT, EBSCOhost, viewed 19 April 2012. Lyell, M 2011, 'To fight crime and win', Australasian Policing, 3, 1, p. 31, Informit Humanities & Social Sciences Collection, EBSCOhost, viewed 19 April 2012. Motley, C 2009, Criminal Law [Electronic Resource] : Law And Order And The Criminal Justice System / By Constance Baker Motley, Evanston, IL: Northwestern University Press, 1975., NUCAT, EBSCOhost, viewed 19 April 2012. Robinson, P, & Cahill, M 2006, Law Without Justice : Why Criminal Law Doesn't Give People What They Deserve / Paul H. Robinson And Michael T. Cahill, Oxford ; New York : Oxford University Press, 2006., NUCAT, EBSCOhost, viewed 19 April 2012. Scottish Legal Action Group, (2001), SCOLAG: Scottish Legal Action Group bulletin, The Group: Greenwood Spalek, B (2008), Communities, Identities and Crime, Policy Press: Bristol Walden, R, Consultative Council of Jewish Organization, Shoresh Charitable Trust, (2004), Racism and Human Rights, Martinus Nijhoff Publishers: Leiden Read More