Introduction
The criminal justice system has displayed several inconsistencies in dealing with various races. This paper intends on arguing that there is disproportionate incarceration of more African Americans than whites or members of other races. This will be demonstrated in four realms i.e. in pre-arrest treatment of suspects, prosecutorial discretion, and sentencing, and also in juvenile justice.
The disproportionate incarceration of African Americans in the criminal justice system
In a study carried out by ACLU in the state of Cincinnati, it was found that the number of traffic stops was more among black drivers than their white counterparts. The study entailed an analysis of seven thousand two hundred police–driver encounters. Police officers were asked to select the reasons behind a traffic stop and it was found that a majority of them lacked a valid reason for stopping black drivers as they ticked the ‘other’ option in the questionnaire.
In other words, if these police officers could not identify a tangible reason for their actions and it was found that the suspects under consideration were black, then one can assert that racial biases came into play. Alternately, one can add that these representatives were employing racial profiling to determine what happens to the said suspects. (ACLU, 2003)
This report argues that when one studies the proportion of blacks in the Cincinnati community and the number of times that they have been stopped for traffic violations, one finds that there is a large discrepancy. This same pattern is replicated when one compares the number of times blacks are stopped for traffic offenses and the amount of driving that these individuals engage in. Since there have been similar assertions in other states, the argument can be applied to other parts of the country.
It has been shown that after the arrest of victims, the criminal justice system has also failed African American suspects due to certain predispositions. A study carried out in Ohio in the year 2003 revealed that homicide suspects were more likely to face death penalty charges if the victim was white than if he or she was black. This indicates that a bias exists when it comes to the prosecutorial charges brought against assailants based on the race of their victims. Such a pattern is quite disturbing because justice should be inferred irrespective of the race of concerned parties.
Not only is discrimination visible in homicide cases, but it has also been shown that black offenders are likely to face discrimination in pretrial treatment when facing drug-related charges. There is a clear bias within the system because such members are usually taken to federal courts instead of state courts. This is highly unsettling because it creates a situation in which the said offenders are required to serve minimum sentences that make them prone to harsher penalties. (ACLU, 2003)
Sentencing patterns within the country also reveal unfairness, especially in drug-related charges. When offenders are accused of possession of crack cocaine, they usually receive extremely harsh penalties. In some states, there’s a disparity ratio of about one to one hundred between crack cocaine and powdered cocaine. Many theories have been postulated about this disparity and one of them is the issue of racial bias. Research shows that there’s a stereotype concerning the use of crack cocaine as it is often associated with the latter community – about eighty-one percent of crack users are black. If the system is designed in such a way that it captures members of a certain community more than others for the same crime then this is clear partiality.
The juvenile system is also another indicator of this problem. Statistics show that black juvenile offenders are five times more likely to be referred to adult courts than their white counterparts. In certain states, this likelihood can increase by four times. Furthermore, detention rates for this race were disproportionate in comparison to their offenses. Such revelations are quite alarming given the fact that white juvenile offenders had greater repeat offenses than their black counterparts.
Scott (1996) asserts that there can be no justification for this disproportionate incarceration of African Americans. In his article, the author claims that ordinary citizens hold legitimate jobs in high esteem despite how lucrative a career in crime may appear. Consequently, this community does not value criminality in any manner or form yet there is a lot of tension between the latter group and the criminal justice system. This anxiety is made worse by the negative perceptions of the African American community concerning policing in general. There must be some rationalizations behind this negativity.
Free (2004) further adds that a great level of attention has been given to race and the sentencing process yet very little is known about what goes on during the presentencing period. The author found that nondiscrimination arguments during the latter period have no basis and they are based on shortcomings in research. Consequently, the author believes that there is indeed a weakness within the criminal justice system concerning the incarceration of the African American community.
On the other hand, some authors believe that discrimination charges within the criminal justice system are misguided and that they shift attention away from the real issues. One such author is MacDonald (2008) who argues that the number of black arrests in the country is a function of the level of crime committed by these same individuals in the justice system. In other words, he believes that blacks have a greater propensity to commit crimes and this is eventually reflected in the criminal justice system. He supports these assertions by citing the fact that victim identifications are often equal to arrests.
He further claims that no victim would be interested in pointing out a member of a certain race if his or her assailant is out on the loose. It would therefore be logical to assume that since victim identification match arrests then the actual crimes being committed are synonymous to the identified individuals. These assertions are supported by a series of statistics spanning two decades in the criminal justice system. Lastly, the latter individual argues that the level of strictness in the criminal justice system is the reverse of popular reports as he asserts that whites are more likely to receive lenient crimes compared to their black counterparts.
While the latter arguments may be relevant in certain respects, it is essential to realize that biases still go on. More often than not, law enforcers, prosecuting lawyers, and judges have very little time to analyze all the factors that come into play within a certain case and this is the point where stereotypes come into play. Since researchers have shown very divergent views on what goes on about race, then one can claim that the racial factor is irrelevant. If some disparities have been shown, then the criminal justice system needs to develop ways in which it can correct these inconsistencies.
Recommendations and conclusion
Judges need to accept the fact that their sentencing may sometimes be affected by racial stereotypes and thus spearhead the campaign for change. (Glater, 2007). Most judges tend to refute such claims of racial injustice because they believe that all cases are unique. Such a self-satisfied attitude needs to be eradicated. Aside from this, a complaint authority for ordinary residents can be established to report biased officers. Also, there is a need for more tracking of arrests based on various demographic traits such as the race to provide real data on actual goings-on in the system. Besides this, the satisfaction of parties in the latter collaborative measures will be instrumental in minimizing these disparities.
References
MacDonald, H. (2008). Is the criminal justice system racist? City Journal. 18(2), 30.
Glater, J. (2007). Race Gap: Crime vs punishment. The New York Times, 5.
Free, M. (2004). Race and presentencing revisited. Journal of critical criminology. 10 (3), 195-223.
Scott, W. (1996). Justice for all: Race and perceptions of bias in the criminal justice system. Canadian Criminology Journal, 13 (9), 56.
ACLU (2003). Racial Bias and policing. Report of collaborative parties to monitor traffic stop study.