Racial Inequalities in the Criminal Justice System - Essay Example

Racial Inequalities in the Criminal Justice System Introduction If one takes a look at the society, one can not helpnoticing that it should be regarded as an irreplaceable prerequisite for the development of the inner potential of a human being. Nevertheless, there are might be situations when a particular part of the population might be oppressed by the conventional rules and regulations. It often happens that this oppression is carried out on the grounds of race. This paper will discuss the differences in crimes committed, arrests, and sentencing within the criminal justice system and try to establish the contrasts in sentencing and punishments handed down by White, Black, and Latino judges and prosecutors. Criminal Acts and Its Impact on Society What race is arrested more often and for what crimes? There is no doubt that the statistics regarding those who are arrested shows that African Americans and Hispanic Americans are more likely to be incarcerated than Americans of Caucasian race (Chen, 2013). For example, in 2012 the number of Black and Hispanic offenders together accounted for two thirds of the entire inmate population, while the inmates of white race constitute less than a quarter (Motivas, 2015). This means that there is a significant disproportion in the patterns of incarcerations. As for the crimes that the people were charged with, they include violent, property, drug, public order, weapon, immigration offences as well as misdemeanors. History of crime and punishment by race It is rather obvious that the legal system of the United States favored the white part of the population from the very beginning. Indeed, originally all African slaves were not considered to be people in the full meaning of this word, but rather animate property that belonged to their masters (Sagepublic, 2010). After they have been granted freedom, the governments of the states approved various laws that came to be known as Jim Crow laws which reinforced the segregation of races. Only the second half of the twentieth century witnessed the end of segregation. Prior to that time it often happened that Black citizens would be lynched and the police would not press any charges. As for the Hispanics, they also have been oppressed by the legislation, primarily the one that dealt with immigration policy. What crimes are being committed by Whites, Blacks, and Hispanics? One would make no mistake suggesting that there are no crimes that are typically white or those which are typically Black. This means that all crimes that are recognized as such by the Criminal Code are committed by the individuals that belong to different races (Sentencing Project 2013). However, a detailed analysis will reveal that some crimes are more likely to be committed by a particular group of people. This can be exemplified by the following situation. Representatives of White, Black and Hispanic race were charged with drug offence, but three fourth of people who were arrested for consumption or distribution of crack cocaine where Black, while only seven percent were white (Motivas, 2015). Background of the perpetrator The history of crimes committed and the sentencing handed down by judges has often been deemed racist. There is a question of the influx of police in poorer neighborhoods flooding the areas and arresting people for minor crimes. On a personal level, there is a staunch support for treatment for the mentally ill as opposed to incarceration. It was found that there is a number of “socioeconomic status variables (education, employment, public assistance, residential stability, and household composition)” that should be taken into account while considering the disparities in the legal system of the United States (Kutateladze et al 2012). Thus, African Americans and Hispanic Americans are often wound at the bottom of the social ladder which conditions low standard of living, poor education and many other factors that are thought to contribute to criminal behavior. The Judicial System Number of White judges vs. Black/Hispanic judges As for the judicial system in general, it is rather obvious that there is a clear disproportion of judges that belong to different races (Sentencing Project 2013). It was found that in 2000s the number of judged that represent the minorities amounts to roughly thirteen percent (Reddick, Nelson & Caufield, 2009). This means that in the majority of the cases, a trial that involves a Black or a Hispanic defendant is heard by a white judge. Sentencing trends by the races It is rather obvious that the treatment of the offenders who belong to the minorities is best exemplified by the sentencing trends. It was found that “Black male federal defendants receive longer sentences than whites arrested for the same offenses and with comparable criminal histories” (ACLU 2014). The situation is similar when it comes to the treatment of the Latino offenders. All this results in the understanding that Black and Hispanic individuals are not only arrested at a higher rate, but are likely to receive longer sentences (Sentencing Project 2013). Jury selection Some people might dismiss the accusations of discrimination and prejudice in the judicial system, pointing out that the prevalence of the white judges is balanced by the institute of jury. However, the process of jury selection also features some traits of institutionalized discrimination. For example, originally African American citizens were excluded of the number of people who could become part of the jury (Sagepublic 2010). Latter, the names of white and black citizens could be easily distinguished so it was not difficult to form an all white jury “randomly” choosing people. Movement through the system from arrest to trial to sentencing The process endures after getting arrested can have an awfully negative impact on the person. The judicial system is politically motivated. It seems as if during an election year, there are more arrests and convictions than ever. Jurors are selected by prosecutors to make sure they win their case and rule in their favor. How can you ensure unbiased deliberations if the jury is of one race only? All this contributes to the situation that when a person who belongs to a minority is arrested the odds that one will end up in jail are rather high (Kutateladze, et al 2012). The Business of the Prison System Cost per day per inmate in jail/prison Leaving aside the racial disparities when it comes to incarceration, one should also note that the number of people who are currently in jail is relatively big. It is obvious that these people need food every day and become an article of expenditure for the society. It was found that “the mean state corrections expenditure per inmate was $28,323 in 2010, although a quarter of states spent $40,175 or more” (Kyckelhahn, 2012). Therefore, the mass incarceration has an inevitable drawback in financial terms. Average length of stay in jails/prisons after sentencing Another point that should be taken into careful account is the amount of time that the inmate that represent different races spend in prisons. The results appear to be extremely surprising. The statistics shows that on average African Americans tend to spend twice as much as their white counterparts: 83 months versus 47 months (Motivas, 2015). The biggest difference is found in the drug and public order offences. The data for Hispanics reflects the same trend: people who belong to the minorities not only tend to be arrested more often, they also spend more time in the correctional facilities. Impact on society as a whole Running a prison is big business. Federal money given to the prisons for the care of the inmates many times is not used for the inmates. Some prisons are in horrible disrepair and services are not rendered to help better the individual. The cost of housing an inmate for one day is ridiculous. This means that the society should reevaluate the way it treats different representatives of the minorities and decrease the rates of incarceration sine the current trend suggest that such practice not only does not help the social environment, but actually becomes a significant financial burden that should be taken care of. Solutions Evaluation of current systems in place As one can easily see, the current state of affairs that exists in the judicial system of the United States shows that African Americans as well as Hispanic Americans are not able to enjoy the same treatment as the white part of the population when it comes to sentencing. In other words, white criminals appear to be more privileged as they may not receive as strict punishment as their counterparts from the minorities would. All this reflects the essential crisis that should be taken care of. Incorporate more racially diverse juries It is quite understandable that part of the solution of the problem that currently exists may be focused on incorporation of racially diverse juries. The logic behind it is simple: the jury that has members of minority in it will not have any prejudices against the offender and will probably make the sentencing less strict. This will not only be beneficial for the person, but it will also be beneficial for the country in general as the population of prison will gradually decrease, reducing the financial burden that is creates. As a result, a more racially diverse jury will significantly improve the judicial system. Increase training for law enforcement to better interact with the public Committees can be instituted to be “watchdogs” within the system. Ensuring those arrested are treated fairly and given due process regardless of their race. Changes must come in order to move forward as a country. Therefore, law enforcement agencies should fully understand the rule that they have and make sure that they are able to live up to the expectations that were vested in them by the population. This means that they should not be prejudiced and never enhance any racial disparities that exist in the social environment. Conclusion Over the years, there have always been injustices in the judicial system. The majority have always had the power and felt as if Blacks were sub-human, beneath them and therefore should be treated as such. Ridiculous sentences for minor crimes still exist. First offenders are receiving long sentences for petty crimes and those that suffer from mental illness are being put in jail and not treated for their conditions. Furthermore, inmates are being released without the proper mental health resources they need in order to function in society. A change has to come however, this is big business. An important thing to keep in mind is that the country may not be fully prosperous if one part of the population is systematically oppressed. References American Civil Liberties Union. (2014). Racial Disparities in Sentencing. Retrieved from www.aclu.org/…/141027 1achr. Chen, E., Y., (2013). Is All Punishment Local? The Effects of Jurisdictional Context on Sentence Length. Social Science Quarterly (Wiley0Blackwell, 94(5), 1372-1397. DOI:101111/ssqu.12006. Kutateladze, B., Lynn, V., Liang, E., (2012). Vera Institute of Justice. Do Race and Ethnicity Matter in Prosecution? A Review of Empirical Studies. Retried from www.prisonpolicy.org/..race-and-ethnicity. Motivans, M. (2015). Federal Justice Statistics, 2011–12. Retrieved February 15, 2015, from http://www.bjs.gov/content/pub/pdf/fjs1112.pdf Motivans, M. (2015). Federal Justice Statistics, 2012 - Statistical Tables. Retrieved February 15, 2015, from http://www.bjs.gov/content/pub/pdf/fjs12st.pdf Racial Discrimination in the Criminal Justice System. (2010). Retrieved from www.sagepublic.com/upm-data/46946 CH 3.pdf. Rattray, K., Lee, N., (2012). Racial Disparities in Sentencing in the U.S. and Georgia. Georgia Journal of Public Policy, 2(1, Article 5). Retrieved from http://digitalcommons.kennesaw.edu/gipp/vol2/iss1/5. Reddick, M., Nelson, M., & Caufield, R. (2009). Racial and Gender Diversity on State Courts. Retrieved February 15, 2015, from http://www.judicialselection.us/uploads/documents/Racial_and_Gender_Diversity_on_Stat_8F60B84D96CC2.pdf The Sentencing Project. (2013). Report of the Sentencing Project to the Unites Nations Human Rights Committee. Regarding Racial Disparities in the Unites States Criminal Justice System. Retrieved from www.sentencingproject.org. Read More