Latinos Underrepresentation in the Criminal Justice System - Research Paper Example

Latino Underrepresentation in the Criminal Justice System Research Paper Introduction Latinos are one of the largest racial groups in the United States, yet are still underrepresented and discriminated in the criminal justice system, especially in the U.S. Supreme Court or, generally, in the legal profession. The continuous underrepresentation of Latinos in the criminal justice system has negative effects for Latinos, and adversely affects the just and evenhanded enforcement of the rule of law all over the nation (Rivera & Roure, 2012). Latino underrepresentation weakens the integrity of the U.S. Constitution and legal system. Furthermore, a fewer legal experts imply fewer economic resources in Latino communities. Without the promotion of a significant number of Latino legal professionals, Latinos perhaps have access to a very few culturally aware Latino legal experts to cater to the needs of the continuously increasing Latino population in the U.S. (Failde, 1997). This paper argues that Latino underrepresentation in the criminal justice system is reflected in the lack of Latino legal professionals or judges in the U.S. Supreme Court. Several qualitative and quantitative findings and statistics are available on affiliates of the legal profession who are self-identified Latino and hence offer some ideas about the opportunities, difficulties, and achievements of Latino judges and legal professionals (Rivera & Roure, 2012), and is crucial in gaining knowledge of the experiences of Latino legal experts. Establishing the Argument The rise of Latinos as a capably major electoral group is apparent in the judicial selection policymaking during the Bush administration. A Latino lawyer and past state judge, Alberto Gonzales, has become controversial because of his job as the head of the Bush judicial selection board. More importantly, the attempt of the Bush administration to assign Miguel Estrada to the federal appellate position brings a realization that Latinos can be a major political electorate. The appointment of Estrada was among the few disapproved by Democratic senators due to worries about his alleged fanatic conservatism (Chavez, 2011). It is widely believed that the Bush administration would want to take acclaim for assigning the very first Latino Supreme Court justice. However, in relation to other parts of judicial selection, there was no rise in the number of Latino judges from the conclusion of the Clinton presidency to the middle of the Bush government. Nevertheless, there was a little surge in the population of Latino judges in U.S. District Courts (Smith et al., 2005). Regardless of whether Bush has the chance to assign a Latino to the Supreme Court or not, the subordinate federal courts are expected to remain a productive site for making assertions about enhancing cultural sensitivity or diversity in relation to Latinos (Smith et al., 2005). Highly debated in the judicial selection policymaking is the issue of whether Latino judges can be trusted to resolve cases in their own way or in a different way from other judges. Without a doubt, there are assertions about the expansion of the legitimacy of the judiciary and the voluntary submission of the people to judicial resolutions when the demographic structure of the judiciary mirrors the diversity of the United States. It is harder to ascertain whether the real-world judgments of judges will be influenced by demographic diversity (Navarro & Meija, 2004). Several critics have admitted that they are hoping that a Latino Supreme Court justice would promote a perceptive, humane interpretation of social situations or circumstances to the work of finding violations of rights and formulating solutions. For instance, a Latino justice may effectively encourage associates to examine more thoroughly ethnic and racial profiling and reporting (Chavez, 2011). Yet, in view of the diversity in Latino communities, a Latino Supreme Court justice, including other Latino legal professionals, may simply bring about diverse judicial principles, like the ideologies of Clarence Thomas that give greater emphasis on official rules of decision than policy outcomes and social situations (Smith et al., 2005). Greater political openness to Latino demands may modify the interpretation of judges of specific issues, especially if there are a larger number of Latino judges. A number of assumptions and arguments have been given to explain the impact of judicial diversity on the process and outcomes of sentencing (Chavez, 2011). For instance, Latino judges could be more responsive to discrimination and their judgments could lead to more equal and fair handling of minority perpetrators. On the other hand, Latino judges could try to strengthen protection of victims of crime and, eventually, pass harsher judgments on perpetrators. In a distinctive research of the practices of judicial resolution by Latino and White judges in Texas, investigators discovered that Latino judges passed judgment on Latino and White defendants in the same way whereas White judges assigned less harsh punishments to White defendants than those they assigned to Latino defendants (Smith et al., 2005). Nevertheless, it should be taken into consideration the fact that the Latinos who become attorneys and arose through the politics of judicial selection in Texas could be dissimilar from Latino judges in other states, like Florida, California, and New York (Navarro & Meija, 2004). A countrywide research of Latino federal district judges reported that they were more predisposed than non-Latino judges to come up with conservative resolutions that preferred the government to individuals in civil liberties and criminal justice cases. The researcher hypothesized that the “[common] professional experiences and outlook of federal [district] judges likely transcen[d] their individual ethnicity” (Smith et al., 2005, 112) and thus diminish the possible roots of dissimilarities in the process of decision making between Latino judges and others. Even though comparable studies generally discover evident dissimilarities between White and Black judges, the findings of this research pose the likelihood that Latino professionals are considerably the same as other professionals in the U.S. (Chavez, 2011; Smith et al., 2005). The research also shows that greater representation of Latinos in the U.S. Supreme Court and federal judiciary may not beak new grounds in the process of resolving civil liberties and criminal justice cases. Policymaking Theory and Concepts A major hindrance to enhancing representation of Latinos in the criminal justice system is satisfactory, sufficient academic training. To resolve this issue, it is vital to offer arduous and inclusive academic training for Latino students. Several policies for enhancing academic training involve offering stimulating activities or exercises on logic and critical thinking, and mandating students to enroll in writing courses and those designed for enhancing reading comprehension (Rivera & Roure, 2012). Financial support is needed to create early intervention courses for students. These courses would help students build productive study practices and learning procedures that offer groundwork for moving to law school. No policy could be comprehensive and effective without acknowledgment of the essential inputs of those who have been forerunners and paved the way for present and future generations. A civic movement to give tribute to the inputs of Latinos in the United States as they relate to the fight for equality and justice is a vital task of promoting such histories. One technique to attain public awareness of students is by means of curricular reforms (Failde, 1997). Latino students have to become aware or knowledgeable about successful, prominent Latinos so that they will be motivated to become successful too. Latino students must have prospects to learn about the achievements of Latino legal experts and the fight for justice and equality so as to encourage students to take into consideration a public-oriented profession (Rivera & Roure, 2012). Furthermore, Latino students have to be informed of the broad array of professional prospects for law graduates. Such policies must be based on principles of justice and fairness, which can be viewed as codes of ‘fair play’ for social justice matters. For instance, ideologies of distributive justice establish what qualifies as a ‘fair share’ of certain good, whereas philosophies of restorative or retributive justice influence the reaction to behavior or action that infringes a society’s principles of fair play (Smith et al., 2005). Therefore, social justice demands that the laws regarding appointment of Supreme Court justices be fair, and that individuals conform to these rules. The concepts of need, equality, and equity are most pertinent to the case of Latino underrepresentation in the criminal justice system. These concepts are associated with the idea of desert, the notion that fair and equal treatment is an issue of rewarding or punishing individuals based on what they deserve (Smith et al., 2005). In other words, Latinos have to be recognized or rewarded for their skills and competence in the criminal justice system. Basically, there is an increasing need to enhance the diversity of the criminal justice system as the American society becomes more diverse. Affirmative policies can help attain the expansion and diversification of the criminal justice system. A legal profession that shows a monopoly of a single ethnic or racial group is susceptible to allegations or criticisms that it is racially biased or discriminatory. If the U.S. Supreme Court and other federal courts keep on revealing ethic and racial inequalities, the integrity of American democratic ideologies and involvement will weaken or, worse, disappear in minority communities. The policy suggestions presented a while ago are intended to boost the number of Latino students in law schools and, eventually, in legal professions. A collaborative strategy by the criminal justice system—encouraging the participation or involvement of all areas of the legal community—is needed to tackle the widespread hindrances and issues that impede access for eligible Latinos. Conclusion It is evident that demographic changes affect the criminal justice system thru the kind and rate of issues or cases advanced in court and the politics of judicial selection. Nevertheless, it is not consistently definite exactly what problems will emerge and how they will arise and evolve. The recent growth in the population of Latinos in the U.S., including the predicted persistence of that pattern, will unavoidably influence public policymaking and law. In order for experts or academics to exercise their systematic methodologies and competencies in the most effective and fruitful way for assessing this new phenomenon, it will be useful to predict arising concerns caused by demographic change and at the same time widen our knowledge and awareness of ethnic and racial inequalities and discrimination in the criminal justice system. References Chavez, M. (2011). Everyday Injustice: Latino Professionals and Racism. UK: Rowman & Littlefield Publishers. Failde, A. (1997). Latino Success. New York: Simon & Schuster. Navarro, S. & Mejia, A. (2004). Latino Americans and Political Participation: A Reference Handbook. Santa Barbara, CA: ABC-CLIO. Rivera, J. & Roure, J. (2012). So You Want to be a Lawyer. Puerto Ricans and Their Journey into the Legal Profession: Overcoming Challenges. Centro Journal, 24(2), 160+ Smith, C. et al. (2005). Law & Criminal Justice: Emerging Issues in the Twenty-First Century. UK: Peter Lang. Read More