Racism in American Criminal Justice System - Research Paper Example

Racism in American Criminal Justice System Introduction Racism has been eliminated from American society when it comes to laws and other policies however authorities have been unable to eradicate it from the criminal justice system and also change perception of legal personnel like judges, lawyers and juries in this regard. There are various studies that have shown members of ethnic communities to form a dominating part of prisoners in American correctional facilities. Where higher numbers of colored people are arrested due to default suspicions attached to criminal profiling, many are either harassed by justice departments and U.S. agencies or denied a fair trial (Glover 9). Hence, the only option available to most of them is to plead guilty and settle for lesser terms. Although it has been reported that colored people commit as much crimes as White people; however this unjust targeting and denial of justice during various phases of justice system results in unequal representation of ethnic minorities in U.S. prisons. According to Banks (2012), “One quarter of the 960 LAPD officers surveyed by the commission agreed that officers held a racial bias toward minorities, and more than one quarter agreed that this racial bias could lead to the use of excessive force (67).” Such high number of instances based on prejudice before admission of arrestees into justice system indicates an existence of bigger problem in the criminal justice process itself which calls for careful examination and extensive remedial measures that would assist authorities in racism from American society. Social Construct of Racism Where statistics and a significant amount of research has indicated that more colored people are treated in an unjust manned by the criminal justice system, it needs to be understood that the treatment in such system affects greater population outside of it (Banks 87; Reiman n.p). A simple example of it can be lack of voting rights due to felony conviction i.e. disenfranchisement. Due to greater number of African Americans and Latinos facing conviction, members of these ethnic groups get unequal opportunity of selecting individuals that can represent their interest in local bodies and federal government. Such lack of equal representation of all social sects in the government leads to racial democracy in which only few demographic segments are favored to participate and be well represented. Banks further sheds light on the concept of race as a social construct and asserts that in order for people to be treated differently, there need to be some fundamental differences in their social stature. Otherwise, they should be given a treatment which does not reflect any application of specific criterion to exclude them from mainstream system. Banks further provide explanation of race being a social construct by stating that this construct consider individuals of same biological group to bear certain specific characteristics. Where race may have no application biologically, it is still used as a tool of determining treatment appropriate for different races. The basis for this regime is provided by personal prejudice, ideological racism (as defined by culture and biology) and institutional racism (Banks 2010, 65). Researchers having studied American criminal justice system have further considered petit apartheid as a reflection of racism in criminal justice system. This notion revolved unjust interrogation and needless contact between law enforcing personnel and members of ethnic groups which may or may not result in admission to criminal justice system. The given concept further refers to presence of institutional and cultural factors that are responsible for biased treatment of ethnic minorities. In order to support existence of petit apartheid, Banks (2012, 69) further provided statistics to explain misrepresentation of African Americans in US criminal justice system by stating, “In terms of criminal victimization, blacks disproportionately commit and are victimized by violent crime. They are almost 7 times as likely as whites to be murdered and about twice as likely to be robbed, raped, or sexually assaulted (Banks, Eberhardt, and Ross 2006: 1177). Although they make up less than 13% of the population, in 2004 blacks were arrested for 47.2% of murders, 53.3% of robberies, 31.9% of rapes, and 32.7% of assaults (p. 1178). Blacks represented 45% of the incarcerated population in state and federal prisons in 2002 (Harrison and Beck 2003) and more than 40% in 2004 (Harrison and Beck 2005)”. The statistics further indicated a possibility of a higher number of juvenile convicts to be from African American descent due to economic disparity. Hence, more black teenagers and adolescents are submitted to criminal justice system along with other ethnic groups as compared to Whites. Felony conviction and sentencing at early stage of life also tends to affect criminal behavior in later part of life for most of convicts. These statistics are a mere indication of misrepresentation experienced by Latinos, Mexicans, Anglo Indians and other ethnic minorities before and after admission to criminal justice system. Although these statistics tend to provide an extensive overview of racism existing in judicial system, the system cannot be characterized by it (Glover 29; ‘Justice on Trial’ n.p). In other words, policies and laws may not exist to legalize this treatment however an overwhelming number of individual instances do exist at various stages of justice provision. However, absence of systematic bias makes it even more difficult to design policy structure that would resolve this undeniable problem. Where criminal profiling is an important part of police and law enforcement officials’ training, same may tend act adversely for people from ethnic groups. A simple example of behavioral cues leading to suspicion can be signs of violence, a rough demeanor and residence in a particular neighborhood which are the factors commonly used in this profiling (Glover 21). Same factors are also applicable in cases facing trials and jury hearings. Unfortunately, majority of such individuals (both adult and juvenile) from ethnic minorities also belong to neighborhoods with more economic disparity is a leading cause behind violence and higher crime rate (Quigley n.p). In addition to that, individuals from ethnic minorities have reported to be facing more physical and mental health issues often resulting in troubled outlook and disturbed behavior. Such characteristics that are a default byproduct of social and economic disparity also participate in making them more susceptible to enter in criminal justice system. It is also important to note that not all the individuals from criminal justice system belong with judiciary and law enforcement yet they contribute to racism in the form of jury and media. If closely observed, media tends to play a significant role in shaping the views of members of greater society who become part of justice system at the later phase (‘Justice on Trial’ n.p). Media hype created about crack cocaine which is generally available in inner cities with ethnic neighborhoods, general portrayal of drugs and war lords to be colored and exceptional emphasis on small crimes like burglary and theft and other street crimes as an attempt of reducing emphasis on major crimes usually committed by Whites like hate crimes and homicide tend to have a significant impact on increasing racism in criminal justice system (Alexander 49; Reiman 81). Furthermore, previous history of crime and felony which is more common in ethnic minorities also increases the susceptibility of these offenders of committing repeat crimes. According to Alexander (112), more than 98 percent of repeat offenders that received longer and harsher sentences turned out to be members of ethnic groups mainly African Americans. Another important factor indicating weakness of criminal justice system is an opportunity of legal representation for ethnic minorities. Where it is apparent that colored individuals tend to experience more financial issues than whites, they are also less likely to acquire services of lawyers causing them failure to be represented (‘Justice on Trial’). Those offered representation by district attorneys receive lawyers that are often overburdened or underpaid. Therefore, the quality of representation in court also suffers. Recommendations for Future Policy Making The findings related to racism present in American criminal justice system indicated a need for amendment in policy models affecting law as well as public policies. It is important to note that the root cause of racism lies on prejudiced conceptions about certain social groups that comes from absence of complete facts. For this purpose government needs to undertake following measures at state and federal level: 1) There is a need to regulate police and prosecutors and enforce discretion on their behalf (‘Justice on Trial’). Where laws are written in broader sense, it is important that there application is not clouded by individual opinions. Hence, several measures like development of national standards accrediting law enforcement agencies and expansion in authority of Civil Rights Division of the Justice Department may assist in doing so. 2) Increasing diversity in law enforcement personnel and recruitment of personnel of same ethnicity in given neighborhoods can assist in avoiding faulty racial profiling on behalf of police officers (Glover 129). 3) Timely and periodic collection of data concerning data related to racial representation of all ethnicities in criminal justice system will help in evaluating recurrent themes of racism and taking corrective measures (‘Justice on Trial’). 4) There are various policies that support occurrence of racism more often than others. Death penalty is one such case which affects ethnic minorities more than uniform population therefore this form of sentence should be suspended. In addition to that, mandatory minimum sentencing laws should be reconsidered especially “strikes” laws should be paid special attention in order to avoid accumulation of particular ethnicity in prisons (Alexander 102; Glover n.p). 5) Practices and performances of indigest defense services should be periodically reviewed to ensure that members of all ethnic groups are receiving equal and sufficient quality of legal representation (‘Justice on Trial’). 6) Monitoring and regulating media will refrain it from supporting racial stereotypes and emphasizing on smaller street crimes while undermining bigger issues. This area of policy regulation is rather extensive as there is a great ambiguity in what can be considered s racism when shown on media (Reiman 29). Regulating media channels and news papers to avoid highlighting unnecessarily on small offenses and characterizing ethnic minorities as a symbol of crime is precisely an area to being with. 7) Making anti-racism regime an integral part of education at all levels. Where major educational content and institutional policies in United States serve this purpose under national law, there is a need to change the perception of bigger population about these ethnic minorities. Such education should especially be made part of curriculum for law schools and courses meant for law enforcing officers. A new curriculum is expected to change perception of general public that occasionally makes part of justice system in the form of jury. Assuming that there are laws in place to avoid racism in the first place defers occurrence of racist events instead of alteration in behavior of society. In addition to that, community based programs addressing the same will do the needful. 8) Focusing on education of ethnic minorities. It is important that members of ethnic groups are well aware of their rights under law. Therefore, they would learn to avoid minor offenses such as absence of license etc, in order to reduce their susceptibility to actual arrest leading to profiling for major crimes like drugs trafficking. Trainings and basic programs governing civil conduct may assist in achieving this purpose. 9) Policy amendments that would allow ethnic offenders to have access to financial resources i.e. as loans that would allow them to acquire services of better legal representatives. 10) Policy governing voting rights of repeat offenders should be reconsidered as being a criminal in fewer instances cannot take a right of exercising free will in all situations available to an individual. Felony disenfranchisement laws affect democracy at its core and leads to erosion of civil rights (‘Justice on Trial’). Personal Actions As far as individual actions against racism in US criminal justice system are concerned, one can take several steps that may assist in at least occurrence of such instances. First and foremost, it is important to establish amicable ties with ethnic communities living in nearby neighborhoods. One can contact community centers and key figures of ethnic groups and gain access to individuals that have been dealt wrongfully by law. Individuals can act as a liaison between communities and social services and NGOs and assist them in having necessary legal advice and assistance. Secondly, individuals can also take part in training members of ethnic communities regarding their responsibilities and rights under law. Members of groups facing social and economic disparity must be taught how their actions and general behavior like rough demeanor make them more risky suspects under criminal profiling. Parents and teachers in such neighborhoods can also be taught about general education about civil conduct which they can show to their family members in turn. Thirdly, efforts need to be made to ensure that more and more children and teenagers have access to basic education. Increased education would alleviate prospects of better employment instead of opting to commit crimes for financial reasons. Lastly, individuals can assist members of ethnic groups who have already been to prisons get access to support groups through social services in order to avoid instances of repeat conviction. These measures will collectively aim at prevention of racism, eradication of repeat offenses and letting ethnic minorities stay aware of their legal rights when they come in contact with legal system and law enforcement authorities. Works Cited Banks, Cynthia L. Criminal Justice Ethics: Theory and Practice. SAGE Publications, 2012. Print. ‘Justice on Trial’. Civilrights.org. The Leadership Conference on Civil and Human Rights, n.d. Web. 6 May, 2014. Quigley, Bill. ‘Fourteen Examples of Systemic Racism in the US Criminal Justice System.’ Common dreams.26 July, 2010. Web. 6 May 2014. Alexander, Michelle. The New Jim Crow. The New Press, 2010. Print. Glover, Karen S. Racial Profiling. Lanham, Rowman and Littlefield, 2009. Print. Reiman, Jeffrey. The Rich Get Richer and the Poor Get Prison. New York: Pearson, 2009. Print. American Sociological Association. ‘Race, Ethnicity and the Criminal Justice System.’ ASANET. Department of Research and Development, 2007. Web. 6 May, 2014. Read More