The Justice and Integrity Act - Case Study Example

The Justice and Integrity Act From time immemorial, crime and race have been conjoined in several public and private debates throughout the United States. Many have viewed this as part of racial discrimination but statistics have been gathered as a means of proving that those who come up with such statements are operating from an informed background. This has led to some biasness in administering law and order in the country which has led to many innocent people being imprisoned based on their background and/or race (Fuller, 2005). Data from the convicted individual has been used over the centuries as a means of justifying some of the laws that have been put in place though this does not reflect the situation on the ground. The federal Bureau of Statistics (FBI) and the Bureau of Justice Statistics (BJS) amongst other agencies have been used to provide the required statistics (FBI, 2007). One major problem that has characterized these statistical inferences is the fact that racial categorization in crime has been prevalent and this distorts the general outlook of the criminal activities in the country. However, a bill, the Justice and Integrity Act of 2009 (H.R. 1412), sponsored by Rep. Steve Cohen (D-Tenn.) seeks to change this perception and help to increase public confidence in the justice system. It further seeks to address some of these inherent racial issues that have been a bug in the running of the justice system in the country for over five decades. The report herein is directed to Rep. Cohen detailing some of the obvious and observed disparities in the justice system that could be used to help pass this bill and serve justice to all Americans regardless of their race or creed. It will also offer suggestions under the recommendations section that could help to bring the bill up to date with the current racial situation in the country and within the justice system in particular. Statement of the Problem It is true not only to speculate but also to stipulate that racial disparities in the justice system present some of the most pervasive blights in the criminal justice system in America. The bill was sponsored in a bid to create a level playing ground for all those who face the system. According to section two, which will feature prominently in this report, justice can only be realized if the application of law is uniform for all those seeking justice (H.R. 1412, 2009). Many have, over time, created a notion that the justice system is biased against certain individuals and may thus take the law into their own hands or even fear to report crimes for fear of prejudice (Mauer, 2006). The law seeks to erase this and create a system that will be viewed as a means of escaping these brandings. Issues that have caught the keen eyes of the policy maker include the fact that though many of those arrested are whites, the minorities are disproportionately represented and this makes it seem like they are into crime compared to the whites. For instance, the American Indians and African Americans face the highest risks of victimization rate compared to the rest. What makes it even more serious is the fact that most of these victimizations occur and are rarely reported to the police. Many fear that they may get victimized even more and thus prefer to keep quiet on the matter (Mauer, 2006). Statistics may be misleading. However, it is imperative to understand that though some of these statistics seek to portray the reality on the ground, generalizations have led to the greatest victimizations in the country. For instance, gang members are mainly found to consist of Latinos, at least 49% (Gabbidon and Greene, 2009). But this does not mean that all Latinos are gang members. The bill seeks to protect the people from suffering under the hands of the law enforcers due to some generalized notions. Statistics further reveal that African Americans are incarcerated at least 8 times more than European American while Hispanics and American Indians are imprisoned at least 2 to 3 times that of the European Americans (FBI, 2007). Many contend that the growth in the number of African Americans and other minorities is due to the policy changes that were effected in the mid-1970s which sought to use greater incarceration for lesser offenses and drug offenses (Mauer, 2006). What one needs to understand though is the fact that these data and statistics were not meant to create a division amongst the people. Instead, the overrepresentation of some of the races in the arrest data has achieved quite the opposite effect. This has led to misperceptions about race and crime. Many have as a consequence become more skeptical of the justice system. Returning the confidence is crucial if the democratic right of all the Americans will be ensured and enhanced throughout the country regardless of color, race and doctrines that people ascribe to (Gabbidon and Greene, 2009). To this effect, the bill seeks to provide the state attorneys with the responsibility of reporting any unwarranted disparities that affect the public’s confidence in the justice system. After this, they are expected to make their recommendation to the extent possible and seek to reduce these disparities as much as possible and return the justice system’s transparency back to its expected glory for the sake of all citizens and not just a section of them (H.R. 1412, 2009). Recommendations As relayed above, the problem is not the collection of data but rather the misrepresentation of data. The African Americans, for instance, have received the greatest attention in the study against crimes especially violent crimes. This is despite statistics and research showing that crimes of this nature have decreased amongst the same group. One thing that has to be adapted to ensure that the racialization of certain crimes is to create a bureau that seeks to demystify crime and separate it from the common conception of race (Gabbidon and Greene, 2009). There is a need to have an independent rather than misconstrued justice system that views every arrestee as innocent until proven guilty rather than having one who is guilty of the crime based on their racial belonging. As stated in the bill, the independent teams created by the state attorneys will play a great role in meeting with all races and get their views about the system (Fuller, 2005). Each system has its flaws and these can only be cleared if the states look at crime from the angle of the law. Many have equated crime to minorities because they create the highest numbers of those arrested for various crimes (Mauer, 2006). These are issues that ought to be dispelled through proper communication channels. Another change that is long overdue is the creation of an independent statistical body that will provide objective rather than subjective crime statistics while another is created to provide victimization data in a more elaborate manner. The constitution of independent bodies akin to those present or a complete overhaul of these institutions is unavoidable (Gabbidon and Greene, 2009). The presence of the same body over the past five decades has made it difficult for them to use new methods of fighting against crime. Instead, they still prefer to use the past records as a way of making inferences to their statistics. These bodies need to constitute all races based on merit and relevance of their expertise in the area of criminology. Socialists and psychologists also need to play a part in this so that the team can be more objective in its research (Mauer, 2006). Another thing that will assist this new body to come up with effective policies is if it follows the following key aspects to help address racial disparities. First, it must acknowledge the cumulative nature of this vice and be willing to fight against it effectively and wholly. This has to be throughout the system rather than a single point in the criminal justice system. The next point is for the team to encourage communication across all the decision-making parties as a way of opening up the system for more scrutiny (Fuller, 2005). This scrutiny will be helpful in pinpointing the areas that require immediate redress or those that need to be addressed over the period of time the teams exist. It will also open up avenues of discussion within the team and provide more stringent measures of meeting the goals of each stage in the criminal system. The third thing is that they must appreciate the fact that one decision or solution may not be effective in all the stages and thus requires a proper overview of the situation before coming up with a final decision (Fuller, 2005). The final aspect is that the committees must be willing to engage all states in a systematic system change that covers all aspects of the criminal justice system. Resources should be geared towards meeting these goals as a means of achieving the equity expected within the justice system (Mauer, 2006). Once these aspects have been presented to the nationwide committees, they are expected to engage with all members of the society regardless of who they are and seek solutions that are home-based and those which help quell the rising distaste amongst the citizens. Another recommendation is that the country provides the means of equitable distribution of resources. It is true that this is quite difficult given the number of people in the nation. However, it is possible given the fact that most of those who engage in crimes are driven by their urge to have something to eat and some of life’s necessities. Furthermore, most of those who have been incarcerated are young men and women who have no one to take care of them (Gabbidon and Greene, 2009). Any incarceration taints the lives of these individuals. In a country that places an individual’s integrity to the greatest test, these people are almost doomed since no one will be willing to offer a convict any form of employment (Fuller, 2005). This means that they will engage in criminal activities just to survive. This can be changed by effectively changing some of the policies that have seen the rise in these numbers. For instance, the fact that some of the crimes attract incarceration despite not being as such earlier has increased the number of those under police supervision; there need to be an overview of these crimes and those that are less serious can be handled through other means to avoid destroying the future of these people and that of their families as well (Mauer, 2006). Conclusion If these recommendations can be incorporated into the bill once enacted, racial disparities will be reduced by a higher margin, and thus help in meeting the goals of the justice system. The research looks at both the problem noted and the best possible means of eradicating the racialization of crime in the country. The bill seeks to restore the faith of the people upon the criminal system. If these recommendations would be incorporated, the country would see less victimization and a decrease in the number of people that take the law into their hands. People would also be freer to interact than it is at the moment. Prejudices will be eliminated. References Federal Bureau of Investigation (FBI) (2007). Crime in the United States, 2006. Washington, D.C. Fuller, J. R. (2005). Criminal justice: Mainstream and crosscurrents. Upper Saddle River, NJ: Prentice Hall. Gabbidon, S. L., & Greene, H. T. (2009). Race and crime. Sage publications. Mauer, M. (2006). Race to incarcerate. New York: The New Press. The Justice and Integrity Act of 2009, H.R. 1412. (2009). Thompson, A. (2008). Releasing prisoners, redeeming communities: Reentry, race and politics. New York: New York University Press. Read More