The Court Levels in the USA - Research Paper Example

?Racial Disparities in the Criminal Justice System Racial Disparities in the Criminal Justice System It is undeniable that America is one of the most racially and ethnically diverse countries in the world and while major strides have been made in terms of ensuring that equality for all its citizens prevails there still is a great deal that needs to be done. The judicial system is perhaps one of the best examples of manifestation of racial disparity in America with African-Americans and other minority groups such as Hispanics claiming to receive more law enforcement emphasis and unfair treatment throughout the entire process of arrest, incarceration and parole (Crutchfield et al, 2009). Racial disparity in the criminal justice system is a situation in which the numbers of individuals from an ethnic group or race under the control of the criminal justice system is disproportionately greater than their numbers in the rest of the population. Such a situation casts a bad light and suspicion upon the criminal justice system and as a result calls for intervention and study. Through reviewing literature from the turn of this millennium this study will demonstrate the presence and extent of racial disparity currently within the criminal justice system stages. This will involve a review of the statistics of the situation, causes of this racial disparity, its impacts and possible interventions. Racial disparity within the criminal justice system will then be discussed in terms of ethics and how it transgresses the principals and foundations on which America was built. The Statistics The figures available on this issue paint a grim picture of the situation indicating that the racial disparity is as a result of cumulative decisions made in the criminal justice system. While African Americans make up only 12.7% of the US population they contribute 48.2% of all adults in the American jails. Interestingly, while Whites contribute 72% of all drug abusers and African Americans only 15%, the latter are arrested more for drug abuse. Latinos make up 18.6% of the population in prisons and 22.5% of all arrested drug abusers when they are only 11.1% of the entire population. 4% of all American Indian adults are under control of the criminal justice system which is more than twice the Whites while considering the considerably small numbers of American Indians today. 42.5% of all prisoners awaiting capital punishment are African American which translates to over thrice their national population. As of 2003, the rate of imprisonment per 100,000 for every race was 2,526 for African Americans, 997 for Latinos, 709 for American Indians and only 376 for Whites. The chances that an African American person will be incarcerated at one point in their lifetime is 32%, 17% for Latinos and 6% for Whites which translates to 1 in every 3 African Americans, 1 in every 6 Latinos and 1 in every 17 Whites. The emerging trends in drug crime indicate that colored women are the highest growing proportion in jails (Coker, 2003; Pager et al, 2009). Nearly 10% of young African American men (24-29 years) were in jails while 25% of African Americans aged 18-34 were under the criminal justice system compared to 6% whites in the same age brackets at the turn of the millennium. When compared to other criminal justice systems around the world, the rate of African American imprisonment can only be termed as astronomical by world standards (Pager, et al., 2009). Breaking the figures down according to stages of the criminal justice system reveals that there is racial and ethnic disparity during arrests. Minority drivers are stopped and searched for contraband at higher rates. 5.2% of African Americans and 4.2% Latinos are stopped by police when driving as compared to 2.6% of Whites. Law enforcement officers are more likely to conduct a search on a vehicle with African Americans as occupants (15.9%) and Latinos (14.2%) than Whites (7.9%). 75.7% of African Americans and 79.4% of Hispanics are likely to be given tickets when stopped compared to 66.6% of Whites. Minorities are also more likely to be detained as compared to Whites with statistics indicating that up to 33% of minorities would have been released if they received equal treatment to Whites (Pager, 2003; Harris, 2003). A similar pattern is followed at the court levels with minorities facing harsher treatment as compared to Whites (Coker, 2003). American Indians are imprisoned in figures disproportionate to their national figures i.e. 16-19%. For similar crimes, African Americans are more likely to be sentenced or receive longer terms than Whites. Minorities without previous criminal records are still likely to be incarcerated compared to Whites with the figures indicating that Hispanics are twice as likely as Whites. African Americans are also disproportionately sentenced to Death in comparison to Whites (Walker, 2008). Minority youths are more likely to be detained than White youths stretching to youths without prior criminal records where six times as many African Americans and three times as many Hispanics are detained in comparison to White youths (Godette et al., 2011). Causes of Racial Disparity in the US Criminal Justice System A review of the literature available reveals that the most common reasons proposed for this racial disparity include lack of resources, higher crime rates, legislative decisions and racial bias within the system. The notion of higher crime rates as a plausible reason is however not substantial due to the fact that the initial emphasis on minority communities by police skews the proportions while empirical analyses also do not support this view. The main connection that can be established involves the fact that minority communities are more likely to have criminal records which increase the chances of receiving a prison term on the next crime. Lack of resources is a plausible contributor to racial disparity within the criminal justice systems due to the fact that crime can be associated with class considerations. While juvenile delinquency exhibits similar patterns across all communities the fate of such youths change over the course of their lives as those from affluent or middle class homes are able to receive education and employment opportunities alongside better health services hence following a different trajectory that does not lead to crime. Minority communities may lack resources to adequately deal with delinquency for instance through psychotherapy and rehabilitation programs (Coker, 2003). Several legislative and policy directions at the various levels of governance also result in racial and ethnic disparity within the criminal justice system. Most importantly the war on drugs legislations have led to skewed composition of inmates due to drug offenses especially with regard to mandatory sentencing. For instance, legislative mandatory penalties for cocaine are particularly discriminatory considering that cocaine is usually associated with African American communities while similar penalties are absent for powder cocaine (Chin, 2002). A criminal record also places such individuals at higher chances of being rearrested and reconvicted (Pager, 2003). Racial bias within the criminal justice system is the other major contributor to disparity. Racism can be manifest at different levels from policing to courtrooms and to the correctional facilities. Studies point to decreasing impact of direct racism in contributing to this disparity and instead associate the disparity with policies and strategies that unintentionally cause it. However, racism still does occur in subtle ways and racist attitudes persist within the different elements of the judicial system. It has been shown that judges and prosecutors may be sympathetic to their like and suggestions have been made to increase diversity and representation within the criminal judicial system (Hurwitz and Peffley, 2010). The Impacts of Racial Disparity in the Criminal Justice System One of the biggest consequences of racial and ethnic disparity within the criminal justice system is disenfranchisement of an entire section of the population. Minority groups lose their trust in the system and extend this to all other aspects of governance and as a result lose their sense of nationalism. This can be demonstrated in the large numbers of individuals from these populations who abstain from voting. Besides this, unfair and routine targeting of minority groups prevail hence making their lives a misery. For instance, individuals of Hispanic origin are routinely singled out for enforcement on matters concerning immigration contributing 96.2% of all arrests while they actually make up only 54% of illegal immigrants. The liberties and rights of several groups such as Arabs and Asians are frequently infringed upon with frequent illegitimate interrogations and detentions being carried out (Sherman, 2001). The stereotypes created and fortified by disparity within the criminal justice system also cause untold misery not only on the victims but their entire communities. American Indians are viewed as criminals, concealing the fact that they are the victims of most violent attacks in America which is nearly double the rates for the general population. It is obvious that previous criminal record minimizes one’s chances of employment with a figure of 7% being quoted (Pager, 2003; Pager et al, 2009). Since the already impoverished minority groups are the majority under the criminal justice system they are the most affected. Incarceration has also been implicated in development of chronic diseases among minority groups within the US with Wang and Green (2010) researching the topic and finding out that a history of imprisonment contributes to one’s likelihood to have asthma. Wang and Green conducted statistical medical analyses to demonstrate that incarceration among African Americans contributed to asthma prevalence and hence arrived at a conclusion that solutions to racial health disparity should also take racial disparity in the criminal justice system into consideration. Other studies also indicate a connection between racial disparity within the criminal justice system and racial disparity in terms of health (Binswanger et al., 2011). Racial Disparity, Ethics and American Values Racial disparity within the criminal justice system leads to important questions being raised on traditional American values and the foundations that the nation was built upon. American culture is influential around the globe and bad notion on the value of justice in the American society is particularly damaging. This nation was founded upon two values i.e. equality and democratic governance. A guiding principle is that men are created equal and bear God-given rights and liberties that should never be taken away from them. Justice and equality are thus cornerstones in the foundation of America. Racial disparity in terms of justice is therefore a transgression of everything the Founding Fathers of the USA believed in. It is thus a direct contravention of the spirit of the constitution and a threat to nationhood. The tenets of justice and fairness are closely interrelated and should permeate the entire criminal justice system of America. Justice refers to granting individuals what they deserve, while fairness involves the ability to make judgments without letting own feelings, bearings and interests to interfere with the judgment being made. The basic principle of justice is equal treatment and when the judicial system results in racial disparity it means that injustice has been happening all along. It illuminates an open rejection of equal justice principle and leads to questions about the commitment of stakeholders involved in justice, fairness, safety and ethics. Ethical considerations form the moral philosophy that guides judgments and plays an important role in delivery of justice. It is obviously unethical when racial disparity within the criminal justice system occurs especially due to illegitimate reasons. A solution to the current racial disparity should be arrived at through a careful scrutiny of the nation’s values and principles with regard to justice and ethics. Those involved should apply the law fairly to win over public trust and confidence in the criminal judicial system. The highest possible ethical standards should be upheld to eradicate bias based on race and stereotypes that contribute to disparity. It is also important for cases on a similar level to be dealt with equally regardless of racial or ethnic background of the individual while at the same time those wielding prosecutorial powers should practice transparency and informed decision-making. Conclusion It is regrettable that the criminal justice system of the USA exhibits racial and ethnic disparity across all its systems with statistics indicating that African Americans, Hispanics and Indians dominate the attention of the system. The reasons behind this scenario are varied but interrelated ranging from economic background, legislature, policies and direct racist acts. The main impact is the erosion of the public’s trust and confidence in the criminal justice system alongside contributing to the socio-economic anguish of minority communities. Racial disparity in the criminal justice system shakes the very foundations that America was built upon i.e. equality and justice. An appraisal of these foundations can take the nation back on track as all stakeholders will realize that the main business behind justice is to ensure fairness and equality for all. References Binswanger, I. A. (2011). Health disparities and the criminal justice system: An agenda for further research and action. Journal of Urban Health, 88; 218-230. Chin, G. J. (2002). Race, the war on drugs, and the collateral consequences of criminal conviction. Journal of Gender, Race & Justice, 6. 253. Coker, D. (2003). Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System. The Journal of Criminal Law and Criminology, 93(4); 827-880. Crutchfield, D. R., et al. (2009). Racial Disparities in Early Criminal Justice Involvement. Race and social problems. Journal of Behavioral Science, 1(4); 218-230. Godette, D. C. et al. (2011). Racial/ethnic disparities in patterns and determinants of criminal justice involvement among youth in substance abuse treatment programs. J Correct Health Care. Harris, A. D (2003). The Reality of Racial Disparity in Criminal Justice: The significance of data collection. Law and Contemporary Problems, 66(3); 71-98. Hurwitz, J., & Peffley, M. (2010). And justice for some: Race, crime, and punishment in the US criminal justice system. Canadian Journal of Political Science, 43; 457-479 Pager, D. (2003). The mark of a criminal record. American Journal of Sociology, 108(5); 937-975. Pager, D. et al. (2009). Sequencing Disadvantage: Barriers to Employment Facing Young Black and White Men with Criminal Records. The Annals of the American Academy of Political and Social Science, vol. 623 no. 1 195-213 Sherman, L. W. (2001). Trust and confidence in criminal justice. NIJ Journal, 1; 38. Walker, S. (2008). Searching for the denominator: Problems with police traffic stop data and an early warning system solution. Journal of Criminology and criminal justice, Volume 3:1, 63-96. Wang, E. A., & Green, J. (2010). Incarceration as a key variable in racial disparities of asthma prevalence. BMC Public Health, 10; 290. Retrieved September 21, 2011 http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2889869/ Read More