Racial Injustice in UKS Criminal Justice System - Essay Example

Racial Injustice in UK'S Criminal Justice System The justice system is a system which is meant to enhance the safety and security of the citizensof the society in which it is in place. Although justice is meant to involve the utilization of sound evidence, the factor of race often sways this objective practice. Racial minorities in the UK, especially blacks, must experience the justice system not as a safeguard to their safety and security but rather as a threat. "Since at least the post-World War II black immigration into Britain, studies and official statistics have shown that on comparing socioeconomic indicators such as employment, housing, and education, black people are more marginalized than other racial groups." (Kalunta-Crumpton, 2000). It should come as little surprise, then, that blacks are marginalized in the court system as well. Although quite unjust, race plays a critical role in the operation of criminal justice in Britain. The discrimination against racial minorities in terms of criminal justice is evident upon the examination of the percentage of black people in prisons. "Although black people make up only just over four percent of the UK population, the black percentage of the prison population has risen from 12.5 per cent in 1985 to 14 percent in 1987." (Upshall, 1989). The population of blacks in prisons is disproportionately high to the percent of blacks in the population of Britain. This is not only the case in the UK, but is also true with regards to "native Indians in Canada, blacks in the United States, and Aborigines in Australia." ("Making Waugh," 1989). Certain people may and often do attribute the disproportionate rates of minorities in prisons to the idea that these people are uncivilised, are more prone to crime for this reason or that, are having trouble coping with modern life, or so forth. In contrast to these notions, the reality is that "the causes lie in the disturbing level of discrimination and institutionalised racism in the criminal justice system." ("Making Waugh," 1989). Being sentenced to jail is only one of the ways blacks are being discriminated against in terms of the criminal justice system in the UK. "In their contact with the criminal justice system, black people face a considerable range of inequalities." (Ouseley, 1994). Some of these terrible abuses include unwarranted stop and search tactics, arrests and charges of the wrongfully accused, and unnecessary teasing and taunting by police. (Ouseley, 1994). Not only do blacks suffer higher arrest rates than others, but they are more likely to receive harsher sentences for less significant crimes. In cases involving young whites, community service often suffices as punishment. Black defendants, however, are more likely to be sentenced to prison than be given a community service option. "Nearly one in ten young men in the black community will have been locked up by his 21st birthday." (Upshall, 1989). Upon investigating the role of race in the operation of the criminal justice system, some may also try to make the case that socioeconomic status plays a similar role or perhaps even a greater role. Studies have shown otherwise, however. In one study, similar drug trafficking cases were compared in which the men were either black or white but were all considered to be of a low socioeconomic status. It was noted that blacks were always questioned more about how they obtained their money. One of the black men answered that his grandmother gave him money but they continued to press questions until he admitted to theft. When a white man similarly explained that his girlfriend had lent him money, they left the issue of money alone. (Kalunta-Crumpton, 2000). In investigating the common practice of racial discrimination in the criminal justice system, it is crucial to examine the reasons this happens. The subjectivity of law combined with existing stereotypes and the tendency for social institutions to reproduce those stereotypes are some of the reasons racial discrimination occurs in British courts. Existing stereotypes play a huge role in the discrimination of blacks in terms of criminal justice. Since their migration to Britain over half a century ago, blacks have been labeled as a problem group. This is evident in a 1955 issue of The Times that linked black people to the use and dealing of marijuana as well as the pimping of white prostitutes. (Kalunta-Crumpton, 2000). An example of an existing stereotype about blacks that is used in courts is the association of blacks with the lower socioeconomic class. Because of this association, police who see blacks with valuable assets such as an expensive car are more likely to question and search those blacks than whites with similar assets. (Kalunta-Crumpton, 2000). While a white man driving an expensive sports car is assumed to have a high-paying job, a black man driving an expensive sports car is assumed to be a drug dealer or a thief. It is by little coincidence that racial discrimination is common in the courts of both Britain and other countries. In fact, the court has not only become the place where racial minorities must be confronted with the reality of racial injustice, but it has become a tool in fabricating and reproducing racial stereotypes. (Kalunta-Crumpton, 2000). This happens because "the small-scale setting of the court is part of the larger society. As such, it is an institution that operates with reference to the wider social structure." (Kalunta-Crumpton, 2000). "Conflict theory and the racial threat hypothesis propose that the criminal justice system is used by whites to subordinate minorities groups." (Cullen & Unnever, 2007). "The court is established as a site where racial imageries and divisions are reproduced." (Kalunta-Crumpton, 2000). Many people like to reassure themselves that even though stereotypes and discrimination exist, the court is a place of justice and objective laws. Contrary to popular belief, laws can actually be quite subjective. "Legal evidence is not devoid of social effects and can therefore have discriminatory influences in court cases." (Kalunta-Crumpton, 2000). Laws can easily be bent to meet the needs of its user, the white male. In terms of these white males dominating British courts, it is necessary to examine the structure of justice administration. In addition to race being a determining factor in the results of many cases of justice, race can also be a crucial factor in allowing people to administer justice. Blacks and racial minorities are often left out of these sorts of positions. "Less than two percent of the magistrates and probation officers and fewer than one percent of prison staff are black." (Upshall, 1989). Discrimination in both the education system and the job marketplace is a factor in the prevention of blacks becoming jurors or taking other positions that would allow them to have more influence in the realm of justice. (Rosenblum, 2007). While some feel that increasing the number of blacks that fill positions of legal administration will help minimize racial discrimination in courts, others feel it will take much more than just that. (Howe, 1997). "Racism is a peculiar area where people do things without always realizing it's racist. It is a structural problem, and that requires not only more black representation but a better understanding of the background. That is an area focused upon by the reports proposals for training of staff on race matters and greater human awareness. Other recommendations include more thorough programmes of ethnic monitoring and increased contact with black community organizations." (Upshall, 1989). The Race Relations Acts of 1965, 1968, 1976 and 2000 serve as evidence that solutions are trying to be drawn to the problem of discrimination in Britain's criminal justice system. (Nahdi & Richardson, 1998). The final solution, however, has not been reached. Recent statistics from the Ministry of Justice show that in 2006, blacks made up 2.8% of the general population but 15.6% of the prison population. (Ministry of Justice, 2007). Discrimination in the criminal justice system lingers on. In addition to the obvious consequence of racial discrimination in the justice system being unjust, there exists also the potential that this discrimination will cause increasing crime rates. As people such as blacks begin to feel alienated from the system, they will feel less need to try to comply with it. It begins to become pointless for people to adhere to the rules of a system that treats them unfairly. (Upshall, 1989). If people feel no need to comply with laws meant to maintain the safe, orderly structure of a society, dangerous behaviors are likely to ensue. For this and the other aforementioned reasons, it is necessary to delve deeper into problem of race effecting the operation of criminal justice. As long as racial discrimination continues, the justice system will be unjust. Sources Cited Anonymous. "Making Waugh." New Statesmen & Society. March 3, 1989. Vol 2, Iss. 39; p. 5. Retrieved online 7 June, 2008, from ProQuest Social Science Module. Cullen, F. & Unnever, J. "The Racial Divide in Support for the Death Penalty: Does White Racism Matter" Social Forces. Chapel Hill: March 2007. Vol. 85, Iss. 3; p. 1281 (21 pages). Retrieved online 7 June, 2008, from ProQuest Social Science Module. Howe, D. "We must eliminate discrimination from the law. But that involves far more than promoting the careers of a few ambitious black lawyers." New Statesmen: London, England. 1997. Vol. 126 p. 15. Retreived online 9 June, 2008 from HW Wilson Web. Kalunta-Crumpton, A. "The Criminalization of Black Deprivation in the United Kingdom." Social Justice. San Francisco: Spring 2000. Vol. 27, Iss. 1; pg. 76, 25 pgs. Retrieved online on 7, June 2008, from ProQuest Social Science Module. Ministry of Justice. (2007). "Statistics on Race and the Criminal System - 2006." Ministry of Justice. Retrieved online 9 June, 2008 from http://www.justice.gov.uk/publications/raceandcjs.htm. Nahdi, F. & Richardson, R. "Racism is not the only offense." New Statesmen: London, England. April 1998. Vol. 127 p. 18-19. Retrieved online 9 June, 2008 from HW Wilson Web. Ouseley, H. "Lost in Race." New Statesmen & Society. October 14, 1994. Vol. 7, Iss. 324; p. 31. Retrieved online 7 June, 2008, from ProQuest Social Science Module. Rosenblum, S. (2007). "Inequalities of Capital Punishment: Race, Socioeconomic Status and Gender." Rosenblum Research. Retrieved online 9, June 2008, from http://rosenblumresearch.googlepages.com/inequalitiesofcapitalpunishment%3Arace%2Csoc. Upshall, D. "A criminal lack of justice." New Statesmen & Society. March 3, 1989. Vol 2, Iss 39; p. 35. Retrieved online 7 June, 2008, from ProQuest Social Science Module. Read More