Racism in the Criminal Justice System

 

Introduction

            ‘In a crowd of mixed race suspects of a robbery with violence, the black or Latino Americans are likely to be arrested that the white suspect.’ This was part of a conversation of law students at a collage park during class recess. The question as to whether the criminal justice system in the United States is racist is one that has been a question of hot debate over the years. In fact, this is a topic that has divided the United States in the middle. Those that believe that the system is in fact not discriminatory factor in a lot of other elements such as the arrest rates and the crimes that are being committed. Others factors that the proponents in this case argue include the fact that the evidence that is presented in the particular case is not in fact discriminatory in nature. On the other hand, those that believe that the system is in fact discriminatory argue that the discrimination is not in fact in the whole system but in some of the stages in the system such as the arresting or the imprisonment. There have been arguments as to the amount of force that has been used to make arrests as well as death penalties that have been applied based on race. The same concerns have also been pointed out in the application of drug policies that seem to target specific races while being lenient on other. Basically, there are numerous reports and studies that outline the fact that there is in fact ample evidence of racism in the United States criminal justice. There is need for there to be a unanimous consensus among policy makers, criminal justice administrators as well as academicians of the existence of this vice and a united front against it. As part of the academic input, this study examines to what extent, the vice of racism is entrenched in the criminal justice system.

Statement of the problem

            Racism in the justice system is a vice that has in fact taken deep root. Fact is that most of the people either argue on either side of this topic or choose to remain impartial. Studies have linked this particular problem to the long history of slavery and segregation that has over the years mutated to racism in the criminal justice system. Fact is, today, drug laws that are racist in nature have led to the arrest of many African Americans. Elements of racism in the system are not only being highlighted in the policies created but also but also in some of the practices in the system. Racism is a vice that has never really left the United States culture and the fact that it has slowly crept back into the criminal justice system is not only a worrying fact but also leaves a lot less to be desired about the United States. Worse yet is the fact that there is a massive body of scholarly evidence that indicates the fact in deed racism in this particular system is not only existent but is also thriving at a very high rate. The problem has spilled over so much to the extent that the system can no longer contain the vice. It leaving behind a lot of casualties in prison racial segregations and is even spilling out of the criminal justice system into society.

Purpose of the study

            This study aims to look at just what entails racism in the criminal justice system, and how it is furthered. The study will examine just how, racism has managed to get into the system and the various stages that have been able to accommodate this particular vice. The study will also examine the various stages in the system as well as the policies that are alleged to further this racism and the extent to which the steps taken are even legal in the first place. The study will then examine the impact that the moves are actions related to this particular vice affects the various victims as well as society in general. The will examine the level of awareness that the individuals purported to further racism within the criminal justice system have with regards to the matter at hand. Similarly, the study will examine the spill effect that this racism in the system has on society in general given the fact that these are American citizens who exist within its society. Finally, the study will examine the academic angle of this particular topic and what other scholars and experts have to state on this particular subject as well as possible solutions that are likely to be made available to solve this particular vice. Like all other habits or vices, racism is a habit that can in fact be broken once it has been identified. In this case, it is important to find out if there are any possible solutions to this particular problem in a quest to finding a lasting solution.

Research questions

This particular study will aim to find out more about racism in the criminal justice system. This will be achieved by answering a number of questions aimed at steering the research towards achieving maximum results.

What is racism?

What is racism in the criminal justice system?

Who are the main victims in this racism?

Who are the main perpetrators of this racism?

How is this racism exercised in the criminal justice system?

Is this vice in the whole criminal justice system or just in some parts of the system?

Has this practice been able to spill over to society?

What are the effects that racism in the criminal justice system has not only on the system itself but also on society as a whole?

Is there any evidence to indicate the fact that in deed there is racism in the criminal justice system?

What are society’s thoughts towards this particular subject?

How can this racism be stopped?

Are there any possible solutions to this particular problem or is the problem one that is unlikely to ever go away?

Are the solutions being offered realistic enough or just theoretical in nature?

Has the society been involved in the solutions geared towards the eradication of this vice or has it adapted to living with this particular problem?

Justification of the study

Racism is still a big problem that society is still grappling with to date. This is not only a problem in the United States but also in many parts of the world. The vice is not only existent in the criminal justice system but rather in other societal elements. However, in the past year or so, there have been a lot of demonstrations to the effect that the criminal justice system in the United States is in fact the one of the systems that perhaps clearly outlines the existence of these problems. By outlining out the existence of this particular vice in the criminal justice system, and just where exactly they can be found, this study essentially sheds light to a very contentious issue. By highlighting exactly where the problem is, the study will be a pointer as to where exactly the changes have to be made in the criminal justice system. The fact that this is a vice also means that there are victims. This study aims to give those victims a voice by being able to bring their plight to the fore front. The fact that racism still exists in this time and age is an indicator of the major problem that society in general has to grapple and fight with. Finally, the aim of this study is to highlight the statistics and numbers that are linked to this particular question and be able to provide quality and reliable statistical data.  

Terminology

Racism- this is the treatment of other races in such a manner that that indicates that the races are inferior to the others. In this case, some races are treated like they are more likely to commit certain criminal activity than the others. There is also the fact that the treatment of the races for similar crimes committed is not equal or the same. The criminal justice system is such that it seems to favor some races over the others.

Criminal justice system- law enforcement system that deals with the arrest, prosecution, defense, sentence as well as punishment of any individual who has been caught is suspected of having engaged in any activity that is criminal in nature.  

Statistics- data or facts that is academic in nature that is made available on facts to do with racism in the criminal justice system. Information that may be made available by any other credible body that deals with the criminal justice system both directly or indirectly such as government bodies, academic institutions or nongovernmental organizations may also be considered as relevant data in this case.

Perpetrators- this are the individuals, sections or institutions within the criminal that are likely to be furthering or equipping racism within the system. Some of the perpetrators likely to stand out include police and prison departments.

Victims- these are the people or individuals that are on the receiving end of racism. These might be single individuals or may be races. The study will focus mainly on the African Americans but will also look at the Latino population as well as Native American population. The study will focus not only on the victims that have been in the incarceration system but also those in the society that have experienced one form or the other or racism in the system.

Policies and practices- activity or action that has been taken in the criminal justice system that seems to indicate the fact or father racism. These are put in place so as to target one race over the other. The practices on the other hand are actions taken by individuals or sections that blatantly show disregards of equality of all races in the system.

LITERATURE REVIEW

The main aim of this section is to give a literature base to the fact that social media is indeed becoming a new marketing platform for most businesses. The chapter will include data from different academic sources that will then be analyzed as the basis or rather the foundation of this particular study.

Policing discretion/Racial profiling

There are certain circumstances where law enforcement agencies are granted a considerable amount of power to decide on the action to take when they come across a situation that they feel warrants their attention. This power to decide to take an action is referred to as discretionary powers. However, some of the police have been accused of using these specific powers unjustly. A lot of police have been accused of being unbiased in the conduction of criminal investigations where specific races are concerned. In fact, some offences that are often considered to be minor will likely be labeled on some races than the others. Statistics for example indicate that a larger number of African American motorist are likely to be stopped and charged with minor trafficking offences than their Caucasian counterparts (Muffler, 2006). Racial profiling has also been used where drug policies are involved. Evidence of profiling is also seen in the immigration department where police are likely to pick up Latinos on the assumption that they are immigrants.

Lifelong Stigmatization

Racism does not just start in the criminal system but is a system that developed within society and refused to go away. In this case, racism within the system cannot be fully attributed to the system but actions taken in the society that are continued within the system. in this case, racism as an activity is one that is yet to end in society how then is it to be curbed in the criminal system (Hughey, 2012). In this case, there is a sense to want to relate with others that are similar as well as a sense of being superior that is in some races. This sense means that some criminal activity is presumed to be perpetrated by some races such as the African Americans or Latinos rather than the Caucasians. The stigma that most Latinos for example are immigrants means that they are likely to be arrested on that ground (Beatty, 2007). The sigma’s that are linked to specific races immediately make them targets in the criminal justice system.

Corrupt police practices

One is always never able to control the thoughts or actions of other individuals. However, in the police system there are those corrupt officials that feel that the race they belong to is much more superior to other races and therefore make arrests or investigations based on that assumption. Numerous investigations and studies indicate the fact that police stop people not for the offences that have been committed but rather for the fact that they belong to a race that an officer does not like (Weitzer & Tuch, 1999). Most of such cases, where officers are questioned as to the reason that they stopped the individuals none would give convincing reasons for the stop. Noted in this case, is the use of conclusory phrases that are used to describe some races such as suspicious person. These phrases are used without conclusions as to the state of innocence of particular persons. The same degree of suspicion labeled on certain crimes is applicable to their application of force in arrests as well as in spying (Tonry, 1995).

War on Drugs

There have been numerous complaints over the years over the fact that the war on drugs is being fought with certain races being targeted. As far as the war on drugs goes, the whole criminal justice system has been rigged such that some races are targeted for drug related crimes than others (Nunn, 2002). Legislations such as the 1986 Anti Drug Law were created in order to target the minority races that were the likely users of drugs such as cocaine. In fact, statistics now show that African Americans are likely to be targeted for drug related crimes that other races in the United States (Provine, 2007). Similarly, African American who constitutes a smaller percentage of drug users in the United States have been arrested and convicted for the use of those drugs more than their Caucasian counterparts whose percentage as users is higher. Majority of the American prison population comprises of African Americans that have been convicted for one or the other drug related offence (Alexander, 2010).

Metro-cities enforcement

There have been recent killings of several unarmed African American men and boys that have angered the masses. Some of the reasons given by the perpetrators were the fact that they thought the victim was armed or dangerous. Facts and numbers that have been availed of black citizens being shot by a white police are staggering (Walker et.al, 1996). In fact, policies such as stop and frisk are some of the policies that have been put in place and are being used to perpetrate racism and racial profiling by the police force. There are biases that are created in the minds of individuals which in turn are articulated through enforcement of rules that in a way end up segregating or even hurting other races (Correll et.al, 2007). Most of the policies are not created from fact but rather from assumptions that specific races are likely to take certain steps. Indeed, crime levels in cities are high but profiling specific races for the commission of these crimes simply because of the neighborhood they live in is not affluent enough is wrong.

Sentencing/ racial disparity

Studies indicate the fact that the largest percentages of individuals that have been incarcerated in the American prisons are in fact racial minorities. In fact, even with the introduction of alternative method of punishment being made available, statistics indicate the fact that the odds of a Caucasian appealing and landing one of these alternatives is very much higher than that of a black American or Latino(Haney-López, 2006). This is despite the fact the crime committed being similar or that the two have similar criminal records. Noted is the fact that even judges and prosecutors who may not know the fact they are being racist unconsciously are human too (Kleck, 1981). This means that they are likely to be influenced by society and societal happenings. In some cases, the Caucasian criminal is often seen as the less likely villain and is therefore likely to get a shorter sentence (Gallagher & Lippard, 2014). On the other hand, the black criminal is subconsciously linked to recidivism and is likely to get a sentence that is longer.

Media- How it plays a role in gathering data

The media has over the years played the important role of exposing racism in all aspects of the criminal justice system. as members of the forth estate, the media has over the years played the crucial role of not only bring these issues to the fore front but also keeping them on the lime light until an action is taken (Ross, 2003). This is the classic case of the sensitization of the public as to what is morally right or wrong. The media also plays the important role of gathering the data required. This is because the facts that are presented to the masses have to be accurate enough for the public to be able to believe the story (Bhavnani et.al, 2006). Therefore, in most cases, the media is able to get firsthand accounts of the different scenarios in which racism takes place within any particular society or system.

Reagan Administration

The Reagan administration was one that was not very keen on minority civil rights. In fact this administration was very keen on African American remaining as menial as possible in their positions as slaves and property (Reynolds, 1986). Despite his ardent refusal of the fact that he was racist, president there were many instances where the president’s actions spoke otherwise. In fact, dung his tenure in power, he vetoed and attempted to veto so many basic civil rights that would create fair opportunities for all races including the minorities (Sears, 1988). His administration was basically against any element that would be able to elevate the minority races from the position that he felt they belonged in. The Reagan administration ensured that society was comfortable with its racial prejudices and that the Caucasian population was the mightier race. This has had a spillover effect and centuries later and there is still a sense of entitlement that has in essence crashed other races (Wolters, 1996). In this case, races such as blacks or Latinos remain lower in the pecking order and it would be much better if they were to be removed from society through the criminal justice system.  

Link to history

A system that tries its best to deny a minority of its dwellers their basic human rights is no new element in the United States. In fact, there are a set of laws that exist that are able to achieve this goal without much effort (Tischauser, 2012). In the 1960, a set of law referred to as the Jim Crow laws were passed in some states in the United States. These were in fact laws that allowed for African Americans to be segregated against. The essence of these laws was to give the minority blacks a chance to be equal but separate from the white population. This meant that the blacks would share the same facilities as the Caucasians but separately (Higginbotham, 2013). The aim of these laws was to show the black population that their status would always remain that of slaves and that the Caucasian population as their masters was superior. This was extended to the prisons where offenders were segregated based on their race despite the fact that they had committed similar offenses (Brown & Stentiford, 2008). In fact, the punishment on African offenders for minor mistakes was more severe than that of a Caucasian that had committed the most serious offence.

Conclusion

Racism is no concept to the American society. Today, as was years ago, there are elements of racial activity that is being witnessed in society. However, today, the level of tolerance is lower. Despite this fact, racism still exists in very many levels of the criminal justice. Despite the efforts being made and the steps that have been taken over the years, there seems to be no apparent change. If facts are anything to go with, this is a worrying trend that needs to be addressed and tacked with before it is able to spiral out of control.

METHODOLOGY

Introduction

This chapter will outline the methods used in the conducting of the research study. It includes Data collection procedures, Sampling size, measures, design, data analysis among others. The methodology adopted in the collection as well as the presentation of a study is a great determinant of the outcome of that particular study.

Population and sampling

This particular study will consist of four main population samples. This is to ensure that the data that is collected accurately reflects all angles of the study. The first group of population to be sampled will be the victims in the justice system. This will involve a number of focus group discussions with inmates in different correctional facilities within the state. The second population that will be targeted will be the general public. Since handing out personal questioners will be hard, these population will be targeted through online surveys. The third population target will be that of individuals within the criminal justice system such as the police, prosecutors, and magistrates. Finally, the fourth population sample will consist of policy makers. These are the people that are in charge of creating the different policies that touch or apply to this topic.

Research paradigm/ philosophy and methods

The research will adopt both the qualitative as well as quantitative methods of research. Through this paradigm the study will be able to explore options that involve close contact with the research subject. This will be achieved through different types of surveys (online and physical) as well as personal interviews.

The research will take on a mixed method research design. This means that the data collected will be both qualitative as well as quantitative. This way, the researchers can get findings that not only have figures on them but also perspective.

By adopting a mixed methodology system, the study will be delving deeper into the different variables that will be available as the study is carried out. This particular adaptation is wholesome in nature providing as much information to the researcher as is required. However, the don part to adopting this particular method is the fact that it may take a long time to collect this information and even longer to be able to sift through the raw data in a quest to come up with a concrete theory. There is also the fact that using this particular method produces statistically accurate findings even though adoption of both methods will be hectic at the end of the day.

 

Qualitative and quantitative research

Qualitative research in this case will use the topic as the centre of the research. The whole essence of this method is to try as much as possible to answer the research question. The whole idea in this case is to try and understand the different interpretations that the different respondents will have to the posed question. It also involves making different behavioural assumptions in a quest to attain specific answers. This particular method however has a limitation in that the people that have interacted with the study question in a more intimate manner are the ones that are likely to give a better response. The nature of the different careers held by the people in power in the justice system is such that they have no time. Therefore, it is imperative that focus groups be held that will ensure that that both the time of the researcher as well as that of these important officials.

Quantitative research on the other hand is all about the numbers. This particular approach is not as strict or rigid as qualitative research. In fact, this particular research is not limited but will involve the general population meaning that any individual that access this questions can answer them. This particular study will rely on surveys for these purposes.

Data collection

The study will rely on two main methods of data collection. This is important more so where the triangulation of the data collected is concerned as well as the gathering of as much perspective as possible. A combination of more than one method of data collection will ensure that as much information from different angle of the topic is sort and provided. This data will be anonymous in nature and there will be no need for names. The study results will be categorised according to different demographics such as the online community, the employees or the marketing department.  

a.       Primary data

Primary data will be in form of focus groups, interviews, personal observations and questionnaires. This particular research will focus on three main aspects of primary data collection which will be adopted. The focus group discussions which will involve different stakeholders who are in charge of running the criminal justice system, including police, wardens, prosecutors and magistrates will also include interviews where possible. The study will also include questionnaires that will be posed to the prison population samples, the questionnaire will be made available in form of surveys that will involve the general public as well as the online community who will represent the society.

b.      Secondary data

Secondary data in this case is information that is sourced from academic sources as well as other publication. It involves other studies or research carried out on the topic. Various internet sources, books and academic journals and any other sources that may have an insight of the subject matter. This data is meant to creating a concrete foundation around which the study will be founded.

Data interpretation and analysis

Different forms of data analysis will be relied on in the analysis of the raw data collected in this particular study. This is because the data that is collected is not only quantitative but also qualitative in nature. Where the data is quantitative in nature different charts and graphs will be used. There will also a lot of numbers and percentiles that will be adopted in this case. The raw data will be fed into the statistical SPSS which will then analyse the information. For the qualitative data however, data analysis will be informs of sentences and paragraphs which essentially tell the interpretation of the story. This will make sure that the reader not only gets a number representation of the facts that are being presented but also an explanation as to why the numbers are what they are in fact. It also ensures that the conclusions that come with the research are not only accurate but credible in nature.

 

 

 

 

 

 

 

 

 

References

Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New York: New Press.

Beatty, D. L. (2007). The dynamic role of racial-ethnic identity in the link between interpersonal racism and ambulatory blood pressure among United States Blacks. ProQuest.

Bhavnani, R., Mirza, H. S., & Meetoo, V. (2006). Tackling the roots of racism: Lessons for success. Bristol: Policy press.

Brown, N. L. M., & Stentiford, B. M. (2008). The Jim Crow encyclopedia. Westport, Conn: Greenwood Press.

Correll, J., Park, B., Judd, C. M., Wittenbrink, B., Sadler, M. S., & Keesee, T. (2007). Across the thin blue line: police officers and racial bias in the decision to shoot. Journal of personality and social psychology, 92(6), 1006.

Haney-López, I. (2006). White by law: The legal construction of race. New York: New York University Press.

Higginbotham, F. M. (2013). Ghosts of Jim Crow: Ending racism in post-racial America.

Hughey, M. W. (2012). Stigma allure and white antiracist identity management. Social Psychology Quarterly, 75(3), 219-241.

Gallagher, C. A., & Lippard, C. D. (2014). Race and racism in the United States: An encyclopedia of the American mosaic.

Kleck, G. (1981). Racial discrimination in criminal sentencing: A critical evaluation of the evidence with additional evidence on the death penalty. American Sociological Review, 783-805.

Muffler, S. J. (2006). Racial profiling: Issues, data, and analyses. New York: Nova Science Publishers.

Nunn, K. B. (2002). Race, Crime and the Pool of Surplus Criminality: Or Why the War on Drugs Was a War on Blacks. J. Gender Race & Just., 6, 381.

Provine, D. M. (2007). Unequal under law: Race in the war on drugs. Chicago: University of Chicago Press.

Reynolds, W. B. (1986). Reagan Administration and Civil Rights: Winning the War against Discrimination, The. U. Ill. L. Rev., 1001.

Ross, G. (2003). Beyond the trauma vortex: The media's role in healing fear, terror, and violence. North Atlantic Books.

Sears, D. O. (1988). Symbolic racism. In Eliminating racism (pp. 53-84). Springer US.

Tischauser, L. V. (2012). Jim Crow laws. Santa Barbara, Calif: Greenwood.

Tonry, M. (1995). Malign neglect: Race, crime, and punishment in America. Oxford University Press.

Walker, S., Spohn, C., & DeLone, M. (1996). The color of justice. Belmont, CA: Wadsworth.

Weitzer, R., & Tuch, S. A. (1999). Race, class, and perceptions of discrimination by the police. Crime & Delinquency, 45(4), 494-507.

Wolters, R. (1996). Right Turn: William Bradford Reynolds, the Reagan Administration, and Black Civil Rights. Transaction Publishers.