Race in the criminal justice system
Introduction
The United States runs the largest criminal justice system in the world. In 2015, there were over 6.7 million people under the correctional control of the justice system in the united states with about 2 million people incarcerated in jails, local, state, and federal prisons (The Sentencing Project, 2018). Although such a high incarceration rate could act as an indicator of the country’s tough approach to crime, issues related to racial discrimination in the criminal justice system have led to the oppression of African Americans in the United States. Issues concerning race have created an environment where African Americans are more likely to be arrested than whites. Following an arrest, African Americans are also more likely to be convicted and given lengthier sentences compared to whites. Race in the criminal justice system has created inequality in a society where African Americans receive harsher treatment from the laws and policies enacted than whites.
Historical background
Issues relating to race in the criminal justice system can be traced back to the systems established through slavery. Slavery was greatly popularised by the belief that whites were more superior than any other race, especially African Americans. Although slavery was abolished a long time ago, modern forms of slavery took its place and they were mostly used to offer more advantages to whites than any other race (Glover, 2009). Issues such as exclusion and segregation were used formally and informally to determine what opportunities and amenities were accessible to races such as African Americans while whites were given the freedom and control to place themselves in a better position in society (Glover, 2009). This led to the whites taking leadership positions such as government officials and policymakers. Since the policies used to govern society were made by the whites, it gave them more control over society and also the opportunities present.
Slavery was common in the 17th century and lasted up until 1865. During this time, slaves were regarded more as property rather than human beings. Their masters operated under the belief that they were superior while the slaves were inferior people. To maintain control, the masters would subject the slaves to slave codes that determined what was acceptable forms of actions and activities that slaves could engage in (Alexander & West, 2012). A common slave code was the suspension of all rights and freedoms for slaves as these were only reserved for whites. The suspension of slaves’ rights made it possible for the whites to oppress the slaves and subject them to inhumane forms of treatment.
The popularity of slavery and the use of slaves for forced labor after the civil war. Attempts to prevent discrimination of African Americans and other minorities led to the amendment to the Bill of Rights where slavery was abolished and every individual was given equal rights and protections regardless of their race (Alexander & West, 2012). The Bill of Rights however did little to end discrimination against people of color. Although slavery was prohibited, the state passed Jim Crow’s laws which placed people of color at a disadvantage in most social, legal, and economic forums. A good example is the inception of the doctrine of separate but equal which sought to separate people based on race. Since the whites were the controlling race, they reserved most of the amenities for themselves and restricted access to members of the African American community (Alexander & West, 2012). African Americans were also denied the right to vote or enter into contracts and this further made it difficult for African Americans to bring about change that would help end racial discrimination.
Other than missing out on opportunities, African Americans suffered especially those elected to protect them favored whites. Law enforcement officers were at liberty to use force when apprehending people of color. Over 3000 African Americans were lynched during the period Jim Crow’s laws were in effect and those responsible for the lynching were rarely ever prosecuted (The Sentencing Project, 2018). There were however a lot of changes in the 20th century that saw African Americans’ legal rights being respected and protected by the courts. In 1954, the separate but equal rule was struck down in the Brown v. Board of Education in 1954 by the supreme court.
Race in the criminal justice system
The influence that whites have over society has transcended to the criminal justice system where legislation and court decisions are influenced by race and often result in the oppression of members from the African American community. In 2016 for example, 27 percent of the population arrested in the United States comprised African Americans (The Sentencing Project, 2018). Although African American youths only constitute 15 percent of the United States youth population, they accounted for 35 percent of juveniles arrested in the country.
The high number of arrests are greatly as a result of the frequency and approach that law enforcers use when investigating African Americans. Take the crime as an example. Although crimes related to drugs and drug abuse are committed equally by people from different races, African Americans and other minorities are arrested more often for drug-related crimes (Bhatia et al, 2018). This is especially because law enforcement officers are trained to identify crime where it exists and take appropriate action. The approach is however responsible for the discrimination of people of color because they often reside in areas associated with crime. Discrimination against people of color has led to the emergence of slums and other poor neighborhoods convenient for minorities (Becerius & Tonry, 2014). Whites on the other hand reside in well-built communities that offer access to basic amenities and security.
Societal segregation and disproportionate levels of poverty create environments that make it easier for the criminal justice system to target members of the African American community and other minorities. Instead of focusing on ending forms of discrimination that force African Americans to live in neighborhoods infested with crime, more attention is given to ending crime (McNair, 2009). A good example is the War on Drugs and stop, question, and frisk policies used by police officers in African American communities. Such policies call on law enforcers to take on stricter actions when apprehending suspects and also convict even minor crimes. Since such communities are populated by African Americans, it has created the stereotype that African Americans are more likely to engage in crime and drug abuse (Alexander & West, 2012). Although drug usage is equal across races, law enforcers are more likely to arrest African Americans than whites and convict them for drug-related charges.
The tendency for law enforcers to associate African Americans with criminal activity combined with the push top be tough on crime has created an environment where law enforcers use more force than needed when apprehending people of color. The issue is made worse by officials who choose not to take action to information and evidence that some police officers engage in actions that oppress citizens while in the line of duty (The Sentencing Project, 2018). During stop and searches, police officers have been known to target African Americans more than whites. People of color are subjected to more stops and are frisked with little provocation. Often, the major factor that prompts police officers to stop African Americans is their skin color.
The state of Massachusetts is a good example of the impact that race has on the criminal justice system. The region has an incarceration rate of 324 people per 100000 held in prisons, jails, and juvenile detention facilities (PPI, 2016). The figures mean that Massachusetts incarcerates a higher percentage of people exceeds that of different countries in the world. Concerning race, people of color are more likely to be arrested than whites. In 2010 for example, only 241 whites were incarcerated compared to 1502 African Americans (PPI, 2016). Racial discrimination in the criminal justice system is instigated from the approach law enforces take when making arrests through the justice system and finally to the different forms of incarcerations used to house those convicted.
Another example is a report by the New York State Judicial Commission on Minorities which reported that there exist two justice systems in operation in New York courts. One court serves the interests of the whites while the other attends to the needs of the minorities. Although the court is supposed to promote equal treatment and offer fair rulings, there is a lot of inequality and differential treatment resulting from race (The Sentencing Project, 2018). Minorities are offered poor services both in treatment and representation. Most of the facilities where minorities are housed are infested with rats. The suspects are treated with disrespect by court representatives and no form of courtesy is extended to their families. In the court, rulings often take shorter periods compared to whites suggesting that judges exercise some form of bias due to the tendency to associate African Americans with crime (Bucerius & Tonry, 2014). The courts that protect whites on the other hand offer great services to white suspects both in treatment and representation. White defendants are treated with respect and are offered proper representation court. Rulings are based on evidence collected and how the case is presented instead of race.
Sentencing is also an issue as African Americans are more likely to be incarcerated than whites. Despite Latinos and African Americans constituting only 29 percent of the United States population, they account for 57 percent of the population of inmates in the prison systems (The Sentencing Project, 2018). This means that African Americans have a 5.1 chance of being incarcerated while that for whites is only 3.1 for both petty and serious crimes. African Americans also make up 56 percent of the people incarcerated for drug-related crimes (The Sentencing Project, 2018). People of color are also more likely to receive longer prison sentences and 48 percent of those serving life sentences are African Americans. Some of the policies used to control crime are also responsible for the discrimination that people of color face. Drug-free zones laws for instance require strict sentencing to people found selling drugs near school zones (The Sentencing Project, 2018). For people living in high poverty areas, the designated zones make up a significant area where other community functions take place. Since the regions are also occupied by people of color, the requirement to take strict actions becomes another form of oppressing African Americans.
Although there is a lot of racism in the criminal justice system, positive change can be achieved through various reforms. One approach would be to change the policies and directives that facilitate the War on Drugs, if not doing away with it completely. The War on Drugs has created a stereotype that presents African Americans as criminals (The Sentencing Project, 2018). This makes it easier for law enforcement officers to take strict action as they tend to anticipate violence and resistance from people of color. If the war on drugs was to be disbanded, law enforcement officers are likely to shift their attention from people of color to the people responsible for the crimes.
A second solution would be the abolishment of mandatory minimum sentences and give judges the authority to treat each case differently. This is especially because mandatory sentencing only works to shift blame from the judges to the prosecutors. Increasing transparency in the judicial rulings can help regain the confidence that people have towards the criminal justice systems (The Sentencing Project, 2018). Another approach that could regain the public’s confidence is doing away with cash bails or only using them when necessary. Detainment of suspects should be made on the grounds of whether the suspect arraigned in court is a flight risk or not; not depending on their ability to pay bail.
Issues of race when delivering justice have existed for a long time. in today's society, race has led to various cases of police brutality and wrongful arrests that result in wrongful incarceration. People of color have been subjected to various forms of oppression arising from the approach that the criminal justice system takes when implementing policies to govern society. While these approaches have created tension between African Americans and whites, they are challenges that can be mitigated and resolved. Such changes will however require a great deal of change and effort from all parties involved especially because the issue of race is something that has existed throughout generations.
References
Alexander, M., & West, C. (2012). The new Jim Crow: Mass incarceration in the age of colorblindness. New York, N.Y: New Press.
Bhatia, M., Poynting, S., & Tufail, W. (2018). Media, crime and racism. Palgrave Macmillan Press
Glover, K. S. (2009). Racial profiling: Research, racism, and resistance. Lanham, Md: Rowman & Littlefield.
Bucerius, S. M., & Tonry, M. H. (2014). The Oxford handbook of ethnicity, crime, and immigration. Oxford University Press
McNair, G. (2009). Criminal injustice: Slaves and free Blacks in Georgia's criminal justice system. Charlottesville: University of Virginia Press.
Prison Policy Initiative, (2016) “Massachusetts profile” retrieved from, https://www.prisonpolicy.org/profiles/MA.html
The Sentencing Project, (2018) “Report to the United Nations on Racial Disparities in the United States Criminal Justice System” retrieved from, https://www.sentencingproject.org/publications/un-report-on-racial-disparities/
