Does
the criminal justice system discriminate based on race?
The
struggle is real in America for many of the minority population.
This rings true especially in the American justice system.
Discrimination refers to the denial of opportunities and equal rights
to individuals and-groups because of prejudice. Race refers to the
physical characteristics of individuals that make them different from
other individuals (e.g., African-Americans, Caucasians, Asians,
etc.).
The criminal justice system includes law enforcement, the courts, and
corrections. When an individual commits a crime, the police make an
arrest, the defendant stands trial in court and, if convicted, the
judge sentences the defendant to prison (corrections) where he or she
is required to serve the sentence.
Although
racial discrimination is viewed as morally wrong, several studies on
racial disparity in the criminal justice system conclude that
African-Americans are affected by such discrimination. In fact, while
African-Americans comprise 12% of the population in the United
States, more than 50% of them are currently incarcerated in United
States prisons.
Racial
disparity is also linked to racial policies and politics. Policies
that contributed to the
increase in racial disparity in the criminal justice system include
the war on drugs started by the Bush and Reagan administrations in
the 1980s, which sought to enforce stricter punishments in an effort
to fight drug-related street crime.
The
direct fallout from the war on drugs was the incarceration rate of
African-Americans increasing abruptly. Drug-related arrests of
African-Americans increased from 20% in the 1970s to 42% in the
1980s. Drug-related arrest rates of Caucasians, on the other hand,
increased by 27%. Inner-city and socially
disorganized communities are the ideal target for drug-related
arrests as opposed to middle-class non-black neighborhoods. The
resulting sentences at the federal level tend to be longer for
African-Americans (40%) compared to that of Whites. Racial disparity is also evident in bail decisions.
Criminal justice actors are more likely to grant bail to middle-class
defendants rather than to poor, minority defendants.
Racial discrimination has also affected juvenile offenders. According
to Scott &Steinberg (2011), a study on racial attitudes and the
confinement of minority youths revealed that probation officers hold
stereotypes. In fact, they are more likely to attribute different
factors,depending on the race of the offender. For example, probation
officers tend to blame internal factors, such as poor character and
attitude for the criminal behavior of African-Americans. By contrast,
they tend to attribute the criminal behavior of Caucasian youth
offenders to external factors, such as the social environment.
In
another study on racial discrimination and law enforcement concluded
that police and probation officers often perceive African-American
youth as dangerous. As a result, police and probation officers
believe that African-Americans should receive harsher punishment as
opposed to Caucasian youth offenders. It should also be noted that
discrimination against African-Americans and other minorities also
apply to police officers recruits. Only 5% of law enforcement
officers were minorities in the late 1960s.
Following
the U.S. Supreme Court decisions in the 1970s, however, these rates
increased: in 2002, 27% of police officers were minorities. The
racial animus and the dislike for minorities have often paved the way
for tough crime control policies. Discrimination based on one’s
race violates the principle of equality. Racially based
discrimination, however, is evident in the criminal justice system.
African-Americans(adult and youth) are more likely to be arrested and
sentenced to longer prison sentences than Caucasian offenders.
Works
Cited
- Scott, E., & Steinberg, L. (2008) .Rethinking juvenile justice. Harvard University Press.
- "Addressing Racial Disparities in Incareration." Web. 22 Oct. 2014. <http://sentencingproject.org/doc/publications/Prison%20Journal%20-%20racial%20disparity.pdf>
