Discrimination towards Minorities within the United States Judicial System - Research Paper Example

?Running head: DISCRIMINATION TOWARDS MINORITIES Discrimination towards minorities within the United s judicial system (school) Discrimination towards minorities within the United States judicial system Introduction The application of the laws is one of the most important elements of peace and order in our society. The clear application of the basic laws mandate equal application, regardless of race, nationality, gender, and other demographic qualities of the involved parties. However, in the current application of the judicial system, there are apparent discriminatory practices against some groups including the minorities. This paper will discuss the practice of discrimination towards minorities, discrimination which lead towards unlawful criminal procedures. It shall particularly discuss the civil liberties which are violated due to race and or class status. This paper is being carried out in order to establish a clear and comprehensive picture of the criminal justice system and its actual applications in the United States. Body Discrimination in the application of criminal justice is sometimes apparent in the legal practice, and in most instances, ethnic, racial, or economic considerations are the reasons why such discriminations exist. Various suggestions from different sources seem to point to the presence of racial discrimination in the criminal justice system. In the aftermath of the Rodney King case, an independent commission of the Los Angeles Police Department established that the LAPD used force excessively, and this unnecessary force was largely attributed to the officer’s racial prejudice (Banks, 2004). A review of police officers in the Los Angeles area revealed that about a quarter of them were racists towards the minorities, and that their racial bias has sometimes led to the inappropriate use of force in their arrests and apprehension of these criminals. In assessing radio communications among LAPD police officers, the content of their remarks reflected a significant number of racially discriminatory remarks and attitudes against minorities (Banks, 2004). Witnesses also claim that police officers often tolerated discriminatory actions against minorities; they also claim that these officers often verbally harassed these minorities for as long as they fit their usual suspects – the blacks and the Latin men (Banks, 2004). Police officers who also belonged to the minority ethnic groups were also discriminated against, and they were treated to biased comments and subjected to racial slurs. A report from New York established that there are double standards which are being applied – one for the whites and another one for the minorities and the poor (New York State Judicial Commission on Minorities, 1991). This report was able to establish the presence of biased treatment as well as injustice in the criminal justice system. The report also pointed out that various minorities were subjected to basement justice with their cases being relegated to facilities which were infested with rats and cockroaches (Banks, 2004). These minorities were also disrespected and not given the proper personnel to handle their complaints and court processes. In some instances, the cases involving minorities were often quickly dispensed, with atleast four or five minutes in court (Banks, 2004). This represents an assembly line in the dispensation of justice. Moreover, black defendants were often made to face their fate in the justice system before a purely white jury. This hardly represents the defendant’s peers. In order to establish whether or not racial discrimination is seen in the criminal justice system, various criminal theorists have carried out research assessing the major decision points in the criminal justice system in the US (Wilbanks, 1987). Most of these reports pointed out that even as racial discrimination exists in the criminal system, the system is not wholly defined by racial discrimination; in effect, discrimination is not extensive (Russell, 1998). However, there are individual instances in the system which seems to manifest racial discrimination at different points of the decision-making process (Wilbanks, 1987). Other theorists also point out that racial issues have emerged because the procedures in the criminal system were long established before any true assessment of the impact of these procedures on minorities were carried out (Petersilia, 1983). Racial differences in plea bargaining and jury trials are also a testimony to the disparity in length and type of sentences imposed. The argument that there is actually no racial bias in the criminal justice system has been discounted by criminal researchers because previous studies on racial bias have only considered discrimination in one stage of its dispensation (Russell, 1998). In effect, the assessment has only been one-sided and all the necessary elements of the system have not been wholly evaluated. Discrimination may actually be seen in other parts of the system. Establishing that there is no racial disparity in the sentencing of criminals does not mean that there is no racial bias in the jury selection. The focus of assessment is apparently on the easily observed aspects of judicial dispensation, but such assessment does not seem to consider the actions of prosecutors who are filing the criminal cases (Russell, 1998). A prosecutor may actually be influenced by his bias in his decisions on who will be charged with a crime and who will be entered into the system. An assessment of this process reveals that there actually is rampant discrimination against racial minorities. Such assessment would actually reveal that African-Americans are more likely to be charged for crimes, and white Americans are more likely to be let off with a warning in the actual criminal justice system (Banks, 2004). Moreover, statistics on crimes do not establish an accurate basis for data on discrimination because the data collection processes contaminate the evidence, making them unreliable (Knepper, 2000). It is important to note that the racial classifications on crime statistics do not accurately define the racial classifications which affect criminal dispensation. For example, simply classifying African-Americans in one category is inaccurate because this classification defines Afro-Caribbeans, Africans, Central and South Americans into one category (Knepper, 2000). In fact, these groupings are political rather than social groupings. They do not co-exist on the same conditions which allow for similar experiences to be built on. As such, the implementation of the criminal justice system is not the same for all individuals classified as “blacks.” In effect, data gathered based on this categorization cannot be considered accurate. Studies assessing police arrests, racial considerations also seem to impact on police decisions on these arrests. Among juvenile offenders, studies indicate that for minor criminal activities, police officers often consider the demeanor of offenders at the time of the arrest (Banks, 2004). For those who show disrespect, arrest is more likely. Racial considerations also impact on the decisions of police authorities. They are more likely to arrest and/or use violence to carry out arrests on suspects in areas with largely minorities residing. Shootouts often include African-Americans and they were most likely to be shot by police officers during armed incidents (Banks, 2004). The issue is, whites are as likely to be involved in armed incidents, but the likelihood of police officers shooting on black offenders is higher as compared to white offenders. In relation to bail, prosecutors and judges have wide latitude of discretion on the release and on the imposition of bail on offenders. Factors which include dangerousness to the community are often used as a criterion in bail decisions. The court is obliged to consider the offender’s work history, criminal history, possibility of flight, marital status, and length of residence in area (Albonetti, et.al., 1989). Race is not, as a general rule, a criterion in bail considerations. However, race seems to be an actual consideration for prosecutors and judges. In an assessment of 5000 male defendants, defendants with low levels of education and with lesser income were less likely to get bail; they were also likely to receive onerous terms in bail (Banks, 2004). White defendants with the same economic and educational background as black defendants were more often granted bail. Moreover, previous criminal records were often negatively counted against blacks, not so much for white offenders. Other researchers also point out that it is not possible to ensure that judges will not consider racial considerations in determining bail because these considerations are often preconditioned in most of their minds (Banks, 2004). To expect fair determination without racial considerations at all is an unreasonable expectation in a system which is sometimes governed by subjective considerations. In terms of jury selection, remedies have been attempted and implemented over the years in order to prevent racial discrimination in jury selection. Court decisions like Strauder v. West, were made to prevent the dominance of white me in jury selections (Banks, 2004). However, other states have come up with other means in order to ensure that an all white jury would be selected. In this system, African-Americans were given the chance to be selected but were not often selected because many of them were uneducated, inexperienced, and immoral (Walker, et.al, 2000). The Supreme Court has ensured throughout the years that jury selection be as discrimination free as possible. It has ruled that it is unlawful to put names on yellow cards and to make random draw cards for the summoning of jury duty (Walker, et.al., 2000). Different states however, still practice racially discriminatory practices when the states consider jury pools from lists of registered voters, from the DMV, or from property tax lists. This method of jury selection may look objective, however, in many areas, racial minorities are less likely to be registered voters, less likely to own properties, and are less likely to own vehicles (Walker, et.al., 2000). This selection process results in a jury pool made up of middle-class and white members. Prosecutors and lawyers are also able to come up with establish absolute challenges in the jury selection process in order excuse potential jurors. This makes the practice of racial discrimination easier to manifest. Racial discrimination in the application of the death penalty has been very much apparent. Studies claim that race is a factor in prosecutor’s decisions in seeking death penalty for offenders (Aguirre and Baker, 1990). The race of the victim and the race of the offender all have a significant impact on prosecutor’s decisions in seeking the death penalty. Black offenders who are convicted of murdering white victims are more likely to receive the death penalty. Black or white offenders found guilty of murdering black victims are less likely to receive the death penalty sentence. Conclusion The above considerations establish the presence of discrimination in the dispensation of criminal justice. Racial and ethnic discrimination is seen as the likely source of discrimination with police officers more likely to arrest, with prosecutors more likely to charge and pursue the death penalty, and with judges and juries more likely to pass a guilty verdict on racial minorities, most especially African-Americans and those of Hispanic heritage. The dispensation of justice is sometimes based on these subjective considerations which are part of stereotypes which have unfortunately dominated our society for many decades. This is very unfortunate in the face of the fact that not all stereotypes are true, nor do they apply to all individuals in society in equal measure. Such subjective considerations do not bode well for racial minorities who often bear the brunt of these racial disparities. Works Cited Banks, C. (2004). Criminal justice ethics: theory and practice. California: Sage Publications Albonetti, C., R. Hauser, J. Hagan and I. Nagel. (1989). Criminal Justice Decision Making as a Stratification Process: The Role of Race and Stratification Resources in Pretrial Release. Journal of Quantitative Criminology 5: 57–82. Knepper, P. (2000). The Alchemy of Race and Crime Research. Pp. 15–30 in The System in Black and White: Exploring the Connections between Race, Crime, and Justice, edited by M. Markowitz and D. Jones-Brown. Westport, CT: Praeger. New York State Judicial Commission on Minorities. (1991). Criminal Justice Newsletter 22(12): 1–2. Petersilia, J. (1983). Racial Disparities in the Criminal Justice System. Santa Monica, CA: RAND. Russell, K. (1998). The Color of Crime: Racial Hoaxes, White Fear, Black Protectionism, Police Harassment, and Other Macroaggressions. New York: New York University Press. Walker, S., C. Spohn and M. DeLone. (2000). The Color of Justice: Race, Ethnicity and Crime in America. Belmont, CA: Wadsworth. Wilbanks, W. (1987). The Myth of a Racist Criminal Justice System. Monterey, CA: Brooks/Cole. Read More