The level of Unfair Criminal Justice among African-American Youth - Research Paper Example

? Prospectus of Inequalities in Arrest Rates of Minorities Introduction Over the last 25 years, the level of criminal injustices among the African American youths increased drastically. Many African American youths engaged themselves in criminal activities that landed them into correctional facilities giving rise to a degree of racial inequalities amongst the blacks within American prisons. This prospectus seeks to establish the cause of these criminal activities among the African American youths and what relevant measures should be taken to burry social injustices in this minority community. This paper will carry out research within American penitentiary facilities to find out the factors leading to overrepresentation of African American men in prisons. This paper argues that in most American correctional facilities, the highest number of inmates composes of young African Americans. Documented evidence associates this influx with poor development of social skills within the African American community, school dropout or failure, and inadequate support from both the school and the community (Skogan & Frydl, 2004). This prospectus established that frequent arrests, baseless detentions, unwanted prosecution, and unruly detention commitment among the law enforcers of white origin contribute largely to inequalities in arrest rates of minorities in the United States of America. Finally, this prospectus used different tools of data collection that included social construction tools and Marxism Background information The introduction of “war on drugs” by the government has had a negative effect on the minority especially African American. Due to this policy, the representation of African American in penitentiary facilities is alarmingly disproportionate. According to Bureau of Justice Statistics (BJS), Hispanics and African Americans constitute close to 90 percent of offenders sentenced in state correctional facilities on drug related offences. Additionally, BJS notes that the probability of an African American going to jail for lifetime is 16.2 percent while that of an Anglo-American is 2.5 %. A report released in January 1998 by BJS indicated that African Americans comprise 75 percent of offenders charged with weapons offense or robbery and 62 percent with drug offences (Guerino & Sabol, 2011). Western & Pettit (2010) suggests that a country’s rate of incarceration is an important indicator of the criminal justice system and more importantly, the country’s social policies. High numbers of people under incarceration could be an indication of high rates of crime or harsh sentencing system. Contrary, it could be an indicator of society’s reluctance to deal with bias and corrupt social policies, which support and encourage high detention rates for African Americans as compared to Anglo-Americans (Western & Pettit, 2010). A social policy system considers use of drugs among Anglo-Americans as sick but considers the same among Africa-Americas as criminal. Methodology Research conducted for this prospectus relied on books, articles and journals published on the issue of disproportion incarceration of African-Americans. The library was the main source for these journals coupled with online journals which the library subscribes to. The internet is also a rich source of information with numerous books, articles, websites, and journals available. Books on sociology, specifically on the African American society, were used for this research. Results and statistics The African American community comprises 13 percent of total American population yet they are 9.6 times more likely to be incarcerated compared to Anglo-American. In addition, African Americans comprise 13 percent of drug users but represent 39 percent of drug arrests. Between 1986 and 1991, the number of African American in incarceration quadrupled from 14,000-80,000. In 1993, 45.7 percent of arrests made regarding violent crimes were of African American meaning that Anglo-Americans comprised 54.3 percent. However, the rate of African Americans conviction and incarceration was at 55 percent and 74 percent respectively (Fellner, 2009). Drug related conviction and incarceration indicated that African Americans made up 62.7 percent while Anglo Americans only comprised of 36.7 percent of total drugs offences. Following this number, racial disparity and disproportionate in relation to the difference in drug use and drug arrests is alarming. Anglo-Americans for example, use drugs five times more than African Americans. Nevertheless, according to statistics, African Americans are locked up in prison for drug related charges at a rate of 13.4 times higher to that of Anglo American (Fellner, 2009). Racial disparity in prison population due to drug related charges has significantly contributed to overall rates of African American male incarceration as compared to that of Anglo-American. In general, African American males are 8.2 times imprisoned for all offences compared to Anglo-Americans (Sabol, Couture & Bureau of Justice Statistics, 2007).. According to statistics, one per every 20 African American males has been in federal or state’s prison compared to one per every 180 Anglo-American males (Males, 2011). As revealing, as the national numbers may be, the racial disparities at the states level is even more shocking. Compared to most western democracies, American independent states record a higher incarceration rate. In those arrested in these states, the African American community comprises close to 80 or 90 percent of total prison population. This is mainly on charges of drugs. In California, Africa Americans are four times likely to face arrest for marijuana and 12 times likely to go to jail for marijuana felony arrest (Males, 2011). Drug policies are the most significant contributing factor to rising prison population recently with the number increasing by 510 percent between 1989 and 1994 (Sabol, Couture & Bureau of Justice Statistics, 2007). The rate of incarceration has increased by 12 to 26 times in eleven states for African-Americans males while in DC; the rate has increased 49 times. Nationally, the rate for African American male incarceration has increased from 39 percent in 1979 to 53 percent in the late 90’s (Sabol, Couture & Bureau of Justice Statistics, 2007). Arrest rates against African Americans for violent crimes have increased by 45 percent. However, the rate has remained roughly constant over the last two decade. The same cannot be said about drug offenses. Currently, the arrest cases against African American for drug related cases have increased by 39 percent, which is well above the proportion of African Americans using drugs nationally (Fellner, 2009). Drug related and other crimes arrests have increased over the last two decades. At the same time, the number of African Americans in incarceration has risen as well with increased chances of detention after being arrested for any of the conviction, particularly drug related. In 2007, the rate of African American arrest is 4,618 per 100, 000 compared to 773 per 100,000 for Anglo-American males. Across all age groups, black males were imprisoned at higher rates compared to either Hispanic or Anglo-American (Fellner, 2009) African American under control of the US corrections system Minority group 1990 2000 2007 2008 2009 % chg 1990-2009 Total persons in system 4,346,941 6,423,708 7,326,734 7,319,419 7,234,209 +63.0 % Minority % of total 54.1% 51.5% 49.4% 49.3% 49.9% Blacks in system 1,614,195 2,347,066 2,446,834 2,453,170 2,472,920 +49.5% Blacks % of total 37.1% 36.5% 33.4% 33.5% 34.2% Discussion Racial inequality has long been a feature of American society. In this paper, the Marxist theory is examining that racial disparity in incarceration is used to serve the capitalist class interest and maintain white superiority. High number of African American in incarceration prevents this community from developing and empowering themselves hence putting them at the same economic and social level with white majority. Marxism observes that capitalism is the division of the society into two classes. The capitalist class is the employer who owns and controls capital, means of production in an attempt to increase profits. The working class is the second group and forms the majority of population. This group sells their labor to the capitalist class in return for payment in form of wages. Profits or the capitalist class comes mainly from paying the working class less compared to the value added in production, which Marx referred to as exploitation (Bohmer, 1998). It is the aim of the capitalist group to remain in control of resources and power hence discourage any form of competition. This they achieve through divide and conquer or by denying the lower group, the means needed to compete. Within the American society, white majority constitutes the capitalist group owning the resources and capital needed economically to thrive. In an attempt to retain their supremacy and power; the white majority has devised ways of reducing competition from the minority groups. Incarceration serves the capitalist in this case to discourage the African American community from earning an education and hence the means needed to compete. Many African Americans live in ghettos and have little education hence are not able to compete in the job market for the more paying jobs. The poor neighborhoods lead many young people to engage in criminal activities that eventually land them in prison. Once they have a criminal record, they cannot access education services or any of the social services under the drug ban. They are not able to find work; they lack necessities like food, shelter and education. By banning African Americans to the ghettos with no jobs, the white majority ensures that they will not be a threat to their superiority as a race and in economic terms. Statistics are clear that African American, specifically male have a higher rate of incarceration compared to all the other racial groups, particularly Anglo Americas. Several factors explain the disparity in prison population. The first factor is that African Americans are more likely to commit a crime than Anglo Americans. This is especially the case for homicide crimes with numbers indicating that homicide is leading cause of death among African-americans. However, just as Africana Americans are more likely to commit specific crime such as homicide, so are white people more likely to commit other type of crimes (Western & Pettit, 2010). Many white people for example, are responsible for most of white-collar crimes in the American society. In addition, serial killer and child offender in America comprise mostly of white males. Furthermore, statistics show that child molesters who are more likely to be white, serve a shorter time in prison and released before completing their time compared to crack related imprisonment that are primarily black. This contributes to the disparity in prison population (Western & Pettit, 2010). The second factor for high numbers of African America in incarceration is due to racial profiling. African Americans are the major target for many law enforcement agents. African Americans are more likely to be subjected to forced searches and force applied against them. Racial disparity in prison population and racial profiling are related. The high number of African American in prison is because of higher probability that they will be searched and arrested (Western & Pettit, 2010). Sentencing disparity is a contributing factor to the racial disparity in prison populations. African Americans receive harsh sentences compared to their white counterparts for the same crime. A report by the department of justice in 2001 showed that 33 % white drug offenders are likely to be convicted compared to 55% of African American drug offenders (Fellner, 2009). The link between the ideology and incarceration has also contributed to more Africa Americans in prison than Anglo Americans. This is because African Americans are believed to be likely to commit a crime, thus are subjected to surveillance, traffic stops and police presence. Unfortunately, this ideology is based on myths against African-Americans instead of empirical evidence. The ideology is misplaced such that it has influenced the way white people report crime, identify suspects and engage in racial profiling. One way of addressing the issue of disparity in incarceration is through empowering the African American community. African Americans represent the un-exploitable and are cordoned off into prisons and urban ghettos. Urban ghettos filled with uneducated people; lacking any employment skills coupled with removal of factories and low skilled work creates the perfect environment for crime to thrive. Human capital therefore, should be developed through education of children to prepare them for employment. These children should also engage in economic development that provides workers with a way of earning wage to support their families. However, this will require dramatic social and political transformation. The government should also develop new ways of addressing drug use in American society. The five to ten years incarceration for holding five grams of cocaine has no collective gain on the American society (Skogan, & Frydl, 2004). Instead, attention should shift to treating these addictions with the support of the society, the family and the government. Furthermore, connection of drug offenses with banned educational resources, social services and other survival tools denies members of African American society a chance to reenter and reintegrate into the society. Ban and drug laws have to be reconfigured (Skogan, & Frydl, 2004). The society should also work to change their attitude towards the African American community. Racial prejudice and misplaced ideologies have greatly influenced the population of African American in prisons. Sentencing guidelines in courts should be revised. It does not make sense to have a longer minimum term for a person found in possession of 5 grams of crack cocaine and a shorter time for child molesters. Drug offenses have harshe sentences because African Americans predominantly commit them while child molesting have less harsh sentences as Anglo-Americans commit them. Conclusion The African American community has many hurdles to overcome. Despite that fact that they make up 13 percent of total population, they constitute more than 50 percent of incarceration population. Black males constitute the biggest number of individuals in prison due to racial profiling, misplaced ideologies, poverty, limited education and unemployment. As a result, this group has resulted into crime mostly drug trafficking in an attempt to make a living. New drug and ban policies have to be enacted and the African American community empowered to reduce the racial disparity that exists in prisons. This research is valuable as it unveils that the African American is not its worst enemy as many people have been led to believe. The truth is that issues facing African Americans are a product of the American society, an attempt by the capitalist and white majority to retain their supremacy at the cost of minorities. More research is needed to come up with alternative ways of dealing with crime that will serve to reduce delinquency and at the same time benefit the people and the country. Many materials have been published regarding incarceration and the African American community. Going through these materials resulted in information overload making it hard to define scope of the study. This however can be remedied through proper preparation before embarking on a research. Clearly defining the research question is also important as it guides in the research process. References Bohmer, P. (1998). Black political economy: Marxist theory of racism and racial inequality. Iowa: kendall/hunt. Fellner, J. (2009). Decades of Disparity: Drug Arrests and Race in the United States. New York. Human Rights Watch. Guerino, P. H, Paige M.; and Sabol, W. J. (2011). Prisoners in 2010. Washington, DC: US Department of Justice, December 2011. Korgen, K., (2008). Contemporary Readings in Sociology. California:Pine Forge Press. Males, M. (2011). Misdemeanor marijuana arrests are skyrocketing and other California marijuana enforcement disparities. Center on Juvenile and Criminal Justice. Sabol, W. J and Couture, Heather, Bureau of Justice Statistics. (2007). Prison Inmates at Midyear . Washington, DC: US Department of Justice, Skogan, W. & Frydl, K., (2004). Fairness and effectiveness in policing: the evidence. Washington:National Academies Press. Western , Bruce & Pettit, B. (2010). incarceration & social inequality. Minnesota: American Academy of Arts and Sciences, Summer 2010. Read More