Context of Racism in the US - Assignment Example

? Research Paper The United s (US) has made considerable improvements in the criminal justice system for ensuring safety of its citizens and maintaining order in the society. Nevertheless, the criminal justice system of the US has faced issues with respect to discrimination. It has been alleged that the US criminal justice system encourages racial disparity by mistreating Blacks, Hispanics and other subgroups. Focusing on this aspect, the research intends to analyze the criminal justice system from the perspective of race. In order to understand the subject, various issues concerning racial disparities have been studied from different literatures and other secondary resources. Furthermore, a questionnaire survey has been conducted with ten respondents in order to recognize their experiences regarding racial disparity of the US criminal justice system. Introduction In the United States (US), the legal system has been developed considerably in order to provide equal treatment to every citizen. However, in the critical fields of law such as in the criminal justice system, increased cases of racism can be observed. Although the criminal justice based regulations in the US are facially unbiased, they are imposed in such a way, which provides biased outcomes. Irrespective of deploying different acts, the US is unable to prohibit discernments based on race. For instance, in the year 1964, the US government had approved Civil Rights Act in order to forbid discernments. However, a considerable proportion of African American individuals were determined to have served certain period of time in prison. Then again, in the year 1968, the US government had passed Fair Housing Act, yet substantial number of Blacks or Hispanics served in prison cell at that specific period of time (Weich & Angulo, 2011). Although several people believe that the US has overcome discrimination driven history, racism still creates a major impact on the organizational policies and criminal law practices. Focusing on this aspect, the paper intends to assess if the US criminal justice system is racist. Both primary and secondary researches have been conducted in order to evaluate the criminal justice system of the US. As a part of primary research, a survey has been undertaken with ten respondents in order to understand their opinions regarding the subject. Besides, different secondary sources such as textbook and literatures have been evaluated to gather an understanding related to the topic. Literature Review The criminal justice system through which lawbreakers are arrested and penalized is considered as one of the key pillars of democracy. However, in order to stay feasible, the public must have faith in the justice system. Every phase of criminal justice system i.e. from initial investigation to prosecution, equal treatment of individuals needs to be ascertained. Yet, the US criminal justice system is far from an ideal legal structure. Several researches suggested that in the US, Blacks, Hispanics and other subgroups are mistreated through inconsistent targeting and biased treatments by law enforcement administrators. They are racially charged by discriminatory sentencing activities, resulting in the failure of equitable criminal justice legislations. Context of Racism in the US In the 17th century, racism began to rear its ugly head in different facets in the US such as in the fields of employment and justice system. In the 18th century, the conduct of racial discrimination had increased and became synonymous to the US. During 19th century, race was observed to be a subdivision of human beings that discriminate one individual from others. The general concept of race surfaced in 20th century and continues to impact different legal facets of the US throughout 21st century. In most circumstances, African Americans are historically observed as inferiors across different attributes (SAGE Publications, 2013). The disparate treatment of individuals in the US justice system starts in the initial phase of the system. Police departments are found to target minorities in a disproportionate manner as potential suspects for crime. Too frequently, police is also found to employ strategies against minorities. According to Banks (2012), African American people have suffered discrimination for long period of time through the system of slavery, elimination, isolation and ultimately in legislation. During the 17th century, slaves were considered as an asset of the rulers and they were forbidden from any right or freedom, which was to be enjoyed by the white people. After the completion of Civil War in the US, certain amendments have been done to the Bill of Rights that proscribed slavery and approved every individual, irrespective of race and color, the freedom to ‘enjoy rights and equal protection’ similar to white people. Regardless of the legal amendments, activities of discrimination had persisted due to Jim Crow Laws. This law has maintained certain level of discrimination in legislative, social and economic environments. For instance, African Americans were not permitted to vote or enter into certain agreements. Besides, they were also subject to, additional legal treatments by way of physical assaults and improper activities such as execution. In 20th century, legal rights were accorded to African American race people who consequently attained the right of protection by the courts. In the mid of 20th century, Civil Rights Acts had been passed in order to reaffirm and strengthen criminal legislation policy against discrimination. Presently, black people in the US are diverse in nature which includes different nationalities such as Ethiopians and Somalis among others. However, irrespective of the heterogeneity, racism exists and has manifested in the criminal justice system (Banks, 2012). Racial Discrimination in the US Criminal Justice System Several studies have provided indications that racial differences exist in the application of criminal justice process. Hagan & Albonetti (1982) brought forward three key outcomes by studying the awareness of people in criminal justice system. The first key outcome was that black Americans are more probable to distinguish unfair criminal treatment than white Americans. The second outcome was that irrespective of race, unemployed population is more prone to receive criminal injustice than employed population, and the third outcome was that class position surrounds the insight of criminal injustice. Interestingly, the outcome of the research of Hagan & Albonetti (1982) stated that criminal prejudice increases with respect to class position. According to the survey of Henderson et al., (1997), African American individuals believe that they are prospective to be enquired by police, imprisoned and even sentenced to death as compared to white Americans. The study of Weitzer & Tuch (1999) found that facets such as race and class intensely regulate the attitudes of people. The study also found that white people observe policy and criminal justice agencies as fair, whereas black people are most inclined to distinguish bias and discriminatory treatments. Furthermore, the outcome of the research of Weitzer & Tuch (1999) also demonstrated that high-educated black individuals are much critical to criminal justice organizations as compared to high-educated white individuals. From the survey of Tanner & Wortley (2002) conducted on Toronto High School students, it has been observed that black respondents especially men are much likely to be stopped by police than white American and Asian counterparts. According to the study of Hagan et al. (2005), on high school students of Chicago, black American youth cooperatively recognize much criminal injustice treatment than Latino American youth, who again observe more criminal injustice treatment than white American youth. Thus, these findings suggest that African American youth are at greater risk to bear the negative implications related with justice system investigation, apprehension and exploitation than white American youth (McCalla, 2010). The exploration of Political Research Associates (2005) found that black color people are disproportionately represented in the criminal justice structure of the US. According to the data of National Household Survey on 1998, about drug abuse, most of the white users were found to be guilty; however, black people were arrested at a higher rate regarding drug abuse then white people. The study of Prison Policy Initiative found that in the year 2003, the imprison rate of white people was 376 per every 100000 whereas the rate was about 2526 per 100000 for black people. On the other hand, black people are found to have 32% possibility of serving time in jail at certain moment of their life, where the rate is 6% for white people (Political Research Associates, 2005). The study of Political Research Associates (2005) also depicted that black individuals are disproportionately targeted as criminal suspects from the beginning of criminal procedure. For instance, according to the statistics of Bureau of Justice, in the year 2002, among all other individuals, black people were more probable to be pulled over during driving in comparison with whites. Furthermore, it has also been observed that with respect to speedy driving, black and Hispanic populations are more probably to be ticketed than whites. The police officers are also probable to undertake search on vehicles of black men and Hispanic men than white men (Political Research Associates, 2005). Black individuals are also found to face tougher treatment in court. According to Political Research Associates (2005), native people are disproportionately imprisoned in relation to the population size. For instance, in the year 2001, about 16% prisoners of Montana were American Indians, while they accounted for only 6% of the state population. Similarly, in North Dakota, American Indians were only 5% of state population, but represented about 19% of prison population. In the similar context, it can be observed that blacks are unjustifiably positioned on death penalty. According to the report of Death Penalty Information Center, in the year 2003, black individuals constituted about 43% of death penalty sentenced population, although they represented merely 12% of the US population (Political Research Associates, 2005). As stated by Banks (2012), in the year 2009, there were about 1443500 prisoners in the US where black male inmates represented 563500 of convicts as compared to Whites. Furthermore, most of the black male inmates belonged to the age group of 25 to 29, in comparison with white inmates of the similar age group. The following table will depict the statistics of inmates in the US prisons in 2009: Source: (Banks, 2012) From the above table, it can be observed that with respect to black males the number of prisoners is quite high within the age group of 18 to 44 than the white counterparts. Research has also demonstrated that race acts as a vital factor for the decision undertaken by the judge to give death penalty. Black criminals who are imprisoned for murdering white victims are at higher risks of receiving death penalty sentence, where in case the victims are black, they are least probable to receive death penalty (SAGE Publications, 2013). Relationship between Race and Crime Although considerable discrimination can be observed in prison rate of black and white individuals in the US, no specific relationship between crime and race has been perceived. According to the report of Justice Department, from 1990 to 2005, blacks were about three times more probable to be arrested than Hispanics. They are also prone to be reconvicted and return to prison than white people. Bosworth (2000) argued that racial disparity in the criminal justice system extends to the community where blacks are prospective to be over policed and under protected by law enforcement officers (Case, 2008). According to the review of National Academy of Sciences, race is not a significant factor in penalizing criminals, rather the criminal record of individuals’ have an impact on criminal justice activities. Several researchers stated that poverty and urbanization among other aspects are highly associated with crime, rather than race. Walker et al. (2000) pointed out that there was a considerable financial gap that existed between white Americans and other minorities. In the year 1995, about 11% of white Americans were below poverty line as compared to 29% of black Americans and 30% of Hispanics population. This financial gap compels people to engage in criminal activities (SAGE Publications, 2013). Wilson (1987) argued that financial inequality coupled with structural discernments provide demonstrative, psychological and economic incentives for undertaking criminal activities. Education is found to have an impact on crime as well. Vacca (2004) pointed out that educated persons are more likely to be successful in staying out of prison. Involvement in higher education minimizes recidivism by about 70%. Frolander-Ulf & Yates (2000) reported that the more education obtained by individual, the better the opportunity of staying out from the prison. However, it has been established that non-white prisoners usually have poorer level of education than white prisoners. Lower level of education can lead to low level of work ethic, which not only makes people to take the criminal route for gaining financial success, but explains their criminal deeds as well. Several studies depicted the opinions of people and revealed individual bias as the key predictor for racism in criminal justice system. In general, police officers usually act on behavioral and non-behavioral indications. With respect to behavioral indications, black youth usually demonstrates suspicious behaviors such as not making eye contact and increased nervousness among others which support the criminality attitude. The study of Alpert et al. (2005) stated that black individuals are more vulnerable to be scrutinized because of depicting several felonious behavioral cues (Case, 2008). According to the study of American Sociological Association (2007), there are certain racial and ethnic groups that are convoluted in violent misconduct activities, far beyond their proportion in population. On the basis of the evidence of public opinion, most of the white people believe that black individuals are more disposed to wrongdoing, making whites to be afraid of Black males. The statistics of National Crime Victimization Survey (NCVS) depicted that in the year 1999, a high level of young Hispanic men was the sufferers of homicide. The data also stated that in the year 2002, blacks were six times more likely to be killed in comparison with whites. On the other hand, the data of Uniform Crime Reports (UCR) stated that in the year 2003, African Americans (who accounted for only 12.7% of population) were detained for 37% of violent wrongdoings such as murder, rape and robbery and 29% of property crimes. Thus, it signifies that to a certain extent, blacks are more victims of crimes than whites (American Sociological Association, 2007). The study of New Century Foundation (2005) stated that the American justice system is not partial. Different statistics have stated that black individuals are seven times more probable to commit murder and eight times more probable to conduct burglary in comparison with other races. Hispanics population has been found to commit violent crimes at an estimated rate which is three times higher than White people. Furthermore, it has also been observed that in 2005, out of 770000 violent multicultural crimes, the percentage of crimes executed by blacks was 85 in contrast to 15% executed by whites. Black individuals are also found to commit more ferocious crimes against whites than other blacks, however, when White individuals commit crime, only 3% of their victims are found to be black. Concerning gangs, about 90% of youth gang members in the US was black, representing 15 times more than white population. The following figure demonstrates the percentage of black offenders reported by UCR and NCVS from 2001 to 2003. Source: (New Century Foundation, 2005) Findings Perceptions of Respondents In order to gain a better understanding related to the topic, different perceptions have been drawn through undertaking questionnaire surveys with ten co-workers and associates. Appendix 1 shows the questionnaire for the research. Most of the respondents were males within the age group of 16 to 25. Concerning ethnic groups, six respondents belonged to African American race and four belonged to white population. With respect to income, five African American respondents belonged to income group of US$25000 to US$50000 per annum. In the similar context, most of the white respondents (three out of four) also belonged to the similar income group i.e. US$25000 to US$50000 per annum. The remaining two respondents belonged to the income group of US$51000 to US$89999 per annum. The survey results provided significant information regarding the belief of the respondents on crime and criminal justice system of the US. With respect to the reason of crime, most of the African American respondents stated unemployment and poverty to be the vital reasons for crime. Similarly, most of the white individuals also believe that unemployment and poverty along with a lack of education are the key reasons for criminal activities. This outcome signifies that unemployment and poverty are the driving forces, which lead to illegal conducts among people. On the other hand, a lack of education provides an incentive to undertake criminal activities as well. The respondents were also asked about the level up to which the life is impacted by fear of social control activities. In this aspect, four out of six African Americans stated that the fear of social control activities has a moderate effect on their life. On the other hand, three out of four White respondents stated that fear of social control activities has a low effect in their life. This signifies the fact that black people are more prone towards becoming the victims of activities such as arrest or stooping by police officers in comparison with white people. In order to understand the influence of race on crime, the respondents were asked if harassment is a major issue for them because of their color or ethnic origin or race. In relation to this question, five out six African Americans stated that it is fairly a critical problem for them to be harassed because of color or race. In the similar context, all four white respondents stated that color or race is not a big problem for them for being harassed. These findings signify the fact that the US criminal justice system is somehow involved in rendering prejudiced treatment whereas African Americans are more prone to face nuisance from police officers due to their color and race. However, white Americans face comparatively less problems in terms of harassment in the name of justice. In order to understand the efficacy of the police system, the respondents were asked about how they view the ability of police to catch the criminals. In relation to this question, four out of six African American respondents stated that the police is partially effective in catching criminals while the rest two described police system as fairly effective in catching criminals. On the other hand, two out of four white respondents stated that police is fairly effective in catching criminals while the rest two described police as very effective in catching criminals. It denotes that according to most of African American individuals, prejudice exists in the criminal justice system of the US as they (police or law enforcement officers) at times favor white individuals. The respondents were also asked about the effectiveness of sentences of judges in the US criminal justice system. In this context, about five African American respondents stated that the criminal justice system of the US is partially effective while giving sentences to the offenders. In contrast, most of the white respondents (3 out of 4) stated that the sentences provided by the judges of the US criminal justice system are fairly effective. Thus, the findings signify that there largely exist biased behaviors in the US criminal justice system while giving sentences to the criminals. The respondents were also asked to provide their opinions regarding the overall performance of the US criminal justice system. In this context, it can be observed that five out of six African American respondents believe the US criminal justice system is partially effective. On the other hand, all four white respondents stated that the criminal justice system of the US is fairly effective. The respondents were also asked about the reason for such belief regarding the justice system. Mixed reaction has been observed in this context where African American respondents stated that the US criminal justice system engages in partial activities where black individuals are most likely to be arrested charged with fine and imprisoned for crime. The respondents were also asked regarding their belief about the relationship between race and crime. In this context, four out of six African American respondents stated that they do not believe that race and crime are related. This signifies that according to them, criminal activities are not determined by a particular race; rather it is individual behavioral factors which encourage people to conduct crime. Conversely, three out of four White respondents stated that they consider that certain relationship exists between race and crime. It denotes that according to white people, there are certain races that engage in serious crimes in comparison with other races, irrespective of numbers. Finally, an open-ended question to all the respondents was asked regarding their belief on racism of the US criminal justice system. In this context, all African American respondents stated that the criminal justice system of the US is quite racist, because according to them black individuals are suspiciously imprisoned, enquired or stopped by the police and law enforcement officers. Furthermore, they had also given their opinion that as a black person, they consider imprisonment or harassment in the name of justice as a part of their life. Then again, white respondents provided opposing views on this context by stating that imprisonment or arresting activities in the US are based on criminality, rather than race. Furthermore, they have also stated that in case of any illegal activities, the police officers have very little possibility for discrimination, i.e. they cannot subjectively arrest black individuals if the victim identifies white offenders. Description of Findings The findings from questionnaire can be described by two conflicting philosophies. In consensus opinion, individuals usually share their principles with the country to safeguard the interests of the society, and application of criminal law is an instrument of such protection. People who consider racism does not exist in the US criminal justice system believe that society entails conflicting morals with the country in order to signify powerful ruling class. Thus, people who lurk the power of ruling class become prospective to the subject of social control, i.e. these people are more proscribed than other individuals and also face increased rate of imprisonment. According to this viewpoint, unemployed, uneducated and poor represent threatening groups and thus become subject to enforcement of law for better control. However, people who support existence of racial discrimination in the US criminal justice system argue that representational aspect of social conflict determines crime-controlling activities. Hence, awareness of threats rather than real threats can influence the activities of police and law enforcement officers in the US. The literature review and questionnaire findings support the position wherein people relate crime with the problems of minority. Furthermore, race is also used as a code for certain lifestyle, signifying criminality. Due to this reason, African Americans, who are observed as underclass than white people at times become victims of increased criminal control activities. After reviewing different literatures and findings, it can be stated that racial discrimination appears at certain phase of the US criminal justice system and it is influenced by fears and reaction to such fears. Moreover, particular lifestyle or behavioral assumptions which are related with minorities also create an impact on the actions of police to enhance the level of social control activities. Conclusion By analyzing various findings and literatures, it can be stated that to a certain extent the criminal justice system of the US is racist. Influence of race can clearly be observed from arrest phase to death penalty phase. Different statistics along with opinions of respondents ascertain the fact that racial discrimination befalls at certain points of the criminal justice system. Several police officers possess a racist attitude against black, Hispanics or other minority people and use needless force. However, it is worth mentioning that to a certain extent, black people are also found to engage in greater volume of criminal activities than other races. Besides, several behavioral factors also cause suspicion among police officers. Still, there is much muddle regarding the relationship of race and crime in the US, particularly for African Americans. Although different statistics verify that black people are engaged in certain criminal activities, at times they are also found to be signified as criminals in disproportionate manner, which can be used for hoarding the crime rate statistics. From the overall evaluations, it can be stated that in the US, black people are usually arrested and unfairly treated in comparison with white people. As a democratic nation, it is the objective of the government to ascertain an equitable system of justice. Nevertheless, only the enactment of policies cannot ensure impartial criminal justice system, the police and other law enforcement officers must erase their racist viewpoints while undertaking their duties for protecting the citizens. References Alpert, G., MacDonald, J., & Dunham, R. (2005) Police suspicion and discretionary decision making during citizen stops. Criminology, 43(2), 407–34. American Sociological Association. (2007). Race, ethnicity, and the criminal justice system. Retrieved from http://www.asanet.org/images/press/docs/pdf/ASARaceCrime.pdf Banks, C. (2012). Criminal justice ethics: theory and practice. United States: SAGE Publications. Bosworth, M. (2000). Race and punishment. Punishment and Society, 2(1), 114–18. Case, P. F. (2008). The relationship of race and criminal behavior: challenging cultural explanations for a structural problem. Critical Sociology, 34(2), 213-238. Frolander-Ulf, M., & Yates, M. (2000) Teaching in prison. Monthly Review, 53(3), 114–28. Hagan, J., & Albonetti, C. (1982). Race, class, and the perception of criminal injustice in America. American Journal of Sociology, 88(2), 329?355. Hagan, J., Shedd, C., & Payne, M. R. (2005). Race, ethnicity, and youth perceptions of criminal injustice. American Sociological Review, 70(3), 381?407. Henderson, M. L., Cullen, F. T., Cao, L., Browning, S.L., & Kopache, R., (1997). The impact of race on perceptions of criminal injustice. Journal of Criminal Justice, 25(6), 447?462. McCalla, A. (2010). Perceptions of injustice, crime and violence. Review of the Roots of Youth Violence: Literature Reviews, 5. New Century Foundation. (2005). The color of crime. Retrieved from http://www.colorofcrime.com/colorofcrime2005.pdf Political Research Associates. (2005). How is the criminal justice system racist? Retrieved from http://www.publiceye.org/defendingjustice/pdfs/factsheets/10-Fact%20Sheet%20-%20System%20as%20Racist.pdf SAGE Publications. (2013). Race & racism. Retrieved from http://www.sagepub.com/upm-data/33050_Chapter4.pdf SAGE Publications. (2013). Racial discrimination in the criminal justice system. Retrieved from http://www.sagepub.com/upm-data/5143_Banks_II_Proof_Chapter_3.pdf Tanner, J., & Wortley, S. (2002). The Toronto youth crime and victimization survey: overview report. Toronto: Centre of Criminology. Vacca, J. (2004) Educated prisoners are less likely to return to prison. The Journal of Correctional Education, 55(4), 297–305. Weitzer, R., & Tuch, S. (1999). Race, class, and perceptions of discrimination by the police. Crime and Delinquency, 45(4), 494?507. Weich, R., & Angulo, C. (2011). Racial disparities in the American criminal justice system. Citizen’s Commission on Civil Rights, 185-218. Appendix 1 Questionnaire for Respondents 1. Please specify your gender Male Female 2. Please specify your age group 16 to 25 26 to 40 41 to 65 65 to 80 3. Please specify your income per annum Less than US$25000 US$25000 to US$50000 US$51000 to US$89999 Above US$90000 4. To which ethnic group you belong? White Black African African American Asian American Chinese Others 5. According to you what is the key reason for crime? Poverty Lack of discipline Lack of education Drugs and Alcohol Unemployment Family problems Weak police system Others 6. To what extent your life is affected by fear of social control activities (please rank from 1 to 5 where 1 = no effect, 2 = low effect, 3 = moderate effect, and 4 = high effect) 7. How much problematic is it for you to be harassed because of your color, ethnic origin or race? Very big problem Fairly big problem Not a big problem No problem at all 8. How effective do you believe is the police in catching criminals? Very Effective Fairly Effective Partially Effective Ineffective 9. How effective do you believe are the sentences provided to the offenders? Very Effective Fairly Effective Partially Effective Ineffective 10. How effective do you believe is the overall criminal justice system? Very Effective Fairly Effective Partially Effective Ineffective 11. Why do you think that? 12. Do you believe that there is a connection between race and crime in America? Yes No 13. Do you believe that the criminal justice system is racist? Read More