The Criminal Justice System and Racial Discrimination
The three elements that make up the criminal justice system in the United States—law enforcement, corrections, and courts—have consistently displayed racism and discrimination throughout its existence. African Americans have been particularly impacted by this element, as they appear to have been the system's intended victims. Due to ethnic disparities seen in arrest rates, bail amounts, sentence lengths, and probation review outcomes, various forms of discrimination are obvious. (Brewer & Heitzeg, 2008). Such events portray a bleak picture of the broken system that is still biased. Due to this structure, the US is now regarded as the world's largest jailer. However, there are a sizable proportion of black people in this community. Discrimination in the US criminal justice system has resulted in a myriad of individuals finding the system to be flawed, but these components have been working to eradicate such ethical issues.
Racial Profiling and Discrimination by Law Enforcement
Firstly, the law enforcement agents have displayed extensive discrimination while executing their duties. These law enforcement agencies have often been found to use racial profiling, which is contrary to the perception that America is now in a post-racial era. This practice entails the police targeting people of color for embarrassing and terrifying detentions, searches, and interrogations exclusive of any criminal activity with their basis being perceived race. The practice is illegal and contravenes the constitution. It has proven to be ineffective besides alienating the marginalized communities from the police, deters community policing endeavors, and causes law enforcers to lose trust and credibility among some of the people they are sworn to serve (Sherman, 2002). This wrongful demeanor has continued even though white Americans are more likely to have a higher contraband possession rate in some areas.
It means that black people have higher chances of having their cars searched. Police target black drivers without a valid reason for being stopped. Also, there are higher chances of this group being arrested for drug use compared to whites (Bobo & Thompson, 2006). Further statistics show that black men are nine times most probably to be killed by the police compared to any other Americans. Police killings of people originating from this minority group are well known, an aspect that has occurred over time. It usually sparks several protests and controversial court cases. The American police have attracted the brand of being brutal and racist.
This issue could be mitigated through various ways. One of them is to train for this aspect. The police officers are usually affected by stereotypes concerning the criminality of African Americans. Training could help mitigate such preconceptions and brutality against blacks. Another one is matching the racial diversity of the communities. In so doing, tensions will subside. It has been found that in most places police officers are dominantly white even when residents are mostly people of color. One way that the law enforcement agencies have done to resolve this issue is the adoption of the use of body cameras. They have reduced complaints since their presence influences their conduct and augments evidence collection.
Inequality and Bias within the Courts
Secondly, the inequalities do not stop after dealing with law enforcement since they continue at the other levels of the justice system. It is evident that not every case that is presented before a jury is evaluated equally and not every case is prosecuted equally (Mustard, 2001). Studies have also shown that the racial composition of the jury and that of the defendant also determine the type of conviction that is often reached. Statistics indicate that state courts handle no less than ninety-five percent of American court cases. However, they are run predominantly by white male judges. This aspect has been allowed to continue even when whites are not the majority population in several states. African Americans are also likely to be excluded from being part of juries owing to their race (Zatz, 2000). It has also been found that black Americans have a higher probability of being offered plea deals that comprise some prison time. Additionally, death penalties were more likely given to people of color than to whites.
This aspect can be resolved. There is the need to stop racial bias whenever the jury is being selected (Zatz, 2000). Another viable option is that of court reforms whereby all decisions should be based on justice. Nonetheless, the federal government has attempted to improve the racial diversity in the federal courts. Such efforts are particularly the result of President Obama’s efforts to appoint people that reflect the country’s diversity. The government has been demonstrating its aim to end racial disparities. Such an action, if sustained, will act as a role model for the state courts to follow suit.
Racial Disparities in the Corrections Department
Lastly, the corrections department is also affected by racial discrimination. Sixty percent of the prison population is made up people of color whereas this group only comprises thirty percent of the whole population of the country. This disparity is not the result of the concept of blacks being more prone to crimes compared to other races. It is a consequence of racism being at work. Even in the states where the total population is significantly white, the incarceration rate for blacks is still higher compared to that of the former (Hurwitz & Peffley, 2005). It is also evident that minorities suffer worse punishments for similar crimes committed by the whites. Black prisoners are more prone to undergo solitary confinement and inadequate health care compared to their white counterparts. Moreover, it is hard for people of color to have their probation approved compared to whites. Statistics have revealed that no less than one in every three black men will go to prison at one point in their lives. Additionally, upon release, they are disenfranchised leading to critical effects in such communities since such individuals can no longer vote.
To resolve this matter, the corrections department must undergo some fixing. The enforcement of laws should be equal across racial groups to avoid disparities. Some reforms need to be made with there being a frequent assessment to ensure fair bail and probation decisions. Nevertheless, various states have passed laws limiting the amount of incarceration time that one can be given for minor and nonviolent drug offenders.
Conclusion
In conclusion, many people have claimed that the US criminal justice system is broken due to the way discrimination is evident in the way justice is delivered to people. However, the various components of the system have been working to try to eradicate racial discrimination in the country. Law enforcement agencies have been known to engage in racial profiling in addition to the police being more likely to kill black men compare to any other citizen. The inequalities are also present in the courts with cases not being evaluated or prosecuted equally. Additionally, the corrections department is also affected by discrimination with statistics showing that sixty percent of the prison population is made up people of color. Furthermore, recommendations for each component have been listed in addition to where their efforts have been reached being illustrated.
References
Bobo, L. D., & Thompson, V. (2006). Unfair by design: The war on drugs, race, and the legitimacy of the criminal justice system. social research, 445-472.
Brewer, R. M., & Heitzeg, N. A. (2008). The racialization of crime and punishment: Criminal justice, color-blind racism, and the political economy of the prison industrial complex. American Behavioral Scientist, 51(5), 625-644.
Hurwitz, J., & Peffley, M. (2005). Explaining the great racial divide: Perceptions of fairness in the US criminal justice system. Journal of Politics, 67(3), 762-783.
Mustard, D. B. (2001). Racial, ethnic, and gender disparities in sentencing: Evidence from the US federal courts. The Journal of Law and Economics, 44(1), 285-314.
Sherman, L. W. (2002). Trust and confidence in criminal justice. National Institute of Justice Journal, 248, 22-31.
Zatz, M. S. (2000). The convergence of race, ethnicity, gender, and class on court decision making: Looking toward the 21st century. Criminal justice, 3(1), 503-552.
