Where Racial Discrepancies Occur - Assignment Example

? Bills The United s (US) has made a considerable development towards guaranteeing equal treatment in the field of law. However, in thearea of criminal justice system, there have been several instances of racial disparity. The prevailing disparity in the criminal justice system can threaten the legal structure of the US. It also encourages distrust amid public regarding the effectiveness of the criminal justice system in the nation. Thus, as a way of addressing the racial discrepancies, the Congress had introduced a bill named H.R. 1412, the Justice and Integrity Act in the year 2009. It is the responsibility of the US as a nation to prevent racial discrimination and to ensure better functionality of the legal system. Introduction The United States (US) is considered as one of the most racially diverse democratic countries in the world. Yet, the improvement of economic prosperity is not shared uniformly across the country. At present, the US communities have become relegated and a key aspect of relegation is unequal treatment of persons of different race that takes place incrementally across the entire range of the US criminal justice system. This racial inequality encourages public distrust in the criminal justice system and also obstructs the capability to assure public safety. Several individuals who are engaged in criminal justice system are intensely conscious regarding the issue of racial disparity and the way to counteract it (The Sentencing Project, 2008). In the year 2009, the Congress introduced a bill named H.R. 1412, the Justice and Integrity Act with the intention of addressing any unwarranted racial and ethnic disparity in the criminal justice system and also to enhance the public confidence in the justice system (The Library of Congress, 2010). Focusing on this aspect, the report is intended to discuss the racial disparities in the criminal justice system of the US so that the H.R. 1412, the Justice and Integrity Act can be move forward in Congress. Where Racial Discrepancies Occur Racial discrepancies can occur at any phase of criminal justice system, i.e. from pre-arrest phase to penalty phase. Racial or ethnic discrepancies at each phase of the criminal justice system are influenced by decisions, conditions and consequences at the preceding phase. These discrepancies tend to widen rather than narrow the justice system. The level of discrepancy during the time of arrest does not stay stagnant for the successive phases of the justice system. The discrepancy accumulates as an individual goes deeper into the justice system (Hartney & Vuong, 2009). In accordance with the study of Weich & Angulo (1997), the disparity in the criminal justice system in the US had started at the initial phase. Quite frequently, police divisions unreasonably aim at minorities as criminal suspects. Police officers also implement different tactics against minorities which simply can shudder the integrity of the criminal justice system. The study of Weich & Angulo (1997) found racial disparity in the US criminal justice system. According to their study in Maryland, during 1995 to 1997, 70% drivers who were stopped and investigated by the police belonged to black community, where white men consisted of only 17.5%. Similarly in Florida, it has also been observed that in 1992, 70% people who were stopped on a specific highway belonged to black and Hispanic community and only 5% were whites. Furthermore, minorities were also found to be detained for longer time period in comparison with white men. On the basis of a study conducted by ABC news program in the year 1992, where two vehicles had been examined in which one was occupied with white men and the other one was occupied with black men. These vehicles were directed at the same road, with same vehicle model and at the same speed. However, it has been observed that the vehicle occupied with black males was stopped by the police multiple times, whereas the vehicle occupying white males was not stopped once (Weich & Angulo, 1997). The statistics of The Sentencing Project (2008) also demonstrates racial disparity in the criminal justice system of the US. On the basis of the study in New York in 1995, it has been found that as compared to whites, minorities are charged with more crimes. It has also been observed that in New York, African American youth accounted for about 17% of the general population, but they represented about 46% of juvenile custodies, 31% of juvenile court transfers and 41% of adult court renunciations. Unwarranted racial disparity in the justice system is a countrywide problem in the US. The criminal justice rules in the US have given rise to mass arrests, trials, convictions and imprisonments for the people of color. Williams’ (2011) study suggested that in the US, African Americans are imprisoned about 5.6 times more than whites, about 32% of black men anticipate to attend more time in the prison than white men. The rate is 17% for Hispanic men. In North Carolina, about 46% of wrong convictions and 53% of law-breaking convictions during 2008 to 2009 were of African American racial people, irrespective of the fact that African American race only represents about 21% of the population of the respective state. It was also observed that African Americans represent approximately 60% of the prison population in the US. According to the report of Bureau of Justice, in the year 2005, white men were imprisoned at the rate of 320 per 100,000 of the population and African American were imprisoned at 1727 per 100,000 of the population which is considered to be 5.4 times more than the rate of white men (Williams, 2011). According to the findings described in section 2 of the H.R. 1412, the pursuit of justice system necessitates a reasonable application of law. Congress had observed that racial and ethnic disparities in the justice procedure have a strong contribution to the increasing perception of prejudice in the criminal justice system. Congress had also stated that there are several possible reasons for disparities in the criminal justice system within different racial communities and the reasons differ throughout the US. The aspects of racial discrimination comprise crime rate, cultural inattentiveness and insensible prejudice among others (US Government Printing Office, 2009). Impact of Racial Disparity The racial disparity in the criminal justice system is a serious matter of concern for the US. Several studies have depicted that racial disparity can have a considerable negative impact on the families, children and the communities at large. It reduces the employment opportunities, earning possibilities, chances of marriage along with causing a state of weak mental health amid populaces. It also weakens the trust of every ethnic group on the justice system with respect to the equality and effectiveness. As a result, it can lead to a low level of cooperation of people with the justice system. Furthermore, racial disparity also challenges the basic worth of legitimacy on which the entire US criminal justice system rests, thereby weakening the viability of the legal system (US Government Printing Office, 2009). Importance of H.R. 1412, the Justice Integrity Act The legal system through which criminals are arrested and penalized is regarded as a key pillar of democracy in the US. However, in order to make that legal system feasible, the public must have faith in every phase of the criminal justice procedure i.e. from preliminary investigation of crime to prosecution and penalty. In such phases, every criminal must be treated similarly, in keeping with the US constitution of equal treatment. The above evidences suggest that the US criminal justice system is not ideal, as black, Hispanics and other minorities had been persecuted through unequal targeting and biased treatment by the police officers and other law enforcement administrators. These racial disparities can influence both innocent people as well as minority individuals. In the US, minority people are incarcerated more by the police in comparison with white people. It makes the US to face reflective crunch in the area of civil rights. Racial disparity can destabilize the progress that the US has made in the area of law and also generate uncertainty in the rule of law (Weich & Angulo, 1997). It is the responsibility of the government to acknowledge the incidents of racial disparity in the criminal justice system. In this context, it can be stated that the Justice Integrity Act can effectively deal with the racial disparities. This bill seeks to address the inequity that occurs in the imprisonment rate, dissimilar application of penalty and constant dependence on racial outlining of individuals. Several evidences suggest that the criminal justice system of the US treat minorities more severely than white people and dissimilar diversion programs are generally accessible to the wealthy and less diverse population (National Association of Criminal Defense Lawyers, 2013). Furthermore, it is worth mentioning that the Justice Integrity Act would be a vital step to ensure that complete obedience is uphold with respect to the human rights treaty requirements, because the US has a duty to assure the right to everyone without making any distinction in terms of race, color and national origin in front of the law. Conclusion Certifying a reasonable system of justice is regarded as central basis of the legal system and a base for guaranteeing the stability of the key foundation of US constitution. Thus, in order to establish the trust of communities, active strategies are needed. The law enforcement and criminal justice organizations must understand and respect the societal worth of different races in order to function effectively. The criminal justice system of the US has frequently been recognized as a focal point for frustration of public regarding racial issues. The ongoing persistence of serious racial and ethnic disparities throughout the US criminal justice system illustrates the pressing requirement of the Justice Integrity Act. Moreover, the responsibilities of the US under international law necessitate a strong stance regarding racial discrimination which is represented by the Justice Integrity Act. References Hartney, C., & Vuong, L. (2009). Racial and ethnic disparities in the US criminal justice system. Retrieved from http://www.nccdglobal.org/sites/default/files/publication_pdf/created-equal.pdf National Association of Criminal Defense Lawyers. (2013). Justice Integrity Act. Retrieved from http://www.nacdl.org/Advocacy.aspx?id=11107 The Sentencing Project. (2008). Reducing racial disparity in the criminal justice system: a manual for practitioners and policymakers. Retrieved from http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf The Library of Congress. (2010). H.R.1412 -- Justice Integrity Act of 2009 (introduced in house - IH). Retrieved from http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.1412.IH: US Government Printing Office. (2009). In the house of representatives. Retrieved from http://www.govtrack.us/congress/bills/111/hr1412/text Weich, R., & Angulo, C. (1997). Racial disparities in the American criminal justice system. Retrieved from http://www.asca.net/system/assets/attachments/765/Racial_Disparities_in_the_American_Criminal_Justice_System.pdf Williams, J. (2011). Racial disparities in the criminal justice system. Retrieved from http://criminaljustice.ncbar.org/newsletters/criminaljusticefeb11/racialdisparities Read More