It is important to note that one of the most problematic aspects of the modern criminal justice system is inherently discriminatory practices, which are based on one’s race, culture, or ethnicity. The justice system and the law themselves are not explicitly discriminatory, but there are several key limitations, which are related to socioeconomic status, communication, policing, and post-prison effects.
The criminal justice system is color-blind and class-blind, but one should be aware that the wealthy are more likely to have access to professional lawyers, whereas poor people have not. This directly and partially impacts race-based discriminatory practices since minority groups are more likely to have lower socioeconomic status than the majority. It is stated that “the experiences of poor and minority defendants within the criminal justice system often differ substantially from that model due to several factors, each of which contributes to the overrepresentation of such individuals in the system” (The Sentencing Project, 2018, para 3.). Therefore, there is a chain of effects where minatory groups are more likely to be poor, and thus, they have limited access to the pool of professionals who might be able to defend them.
Another discriminatory practice takes place in the very first stage of the criminal justice system, which is policing. It is stated that “in 2016, black Americans comprised 27% of all individuals arrested in the United States—double their share of the total population. Black youth accounted for 15% of all U.S. children yet made up 35% of juvenile arrests in that year” (The Sentencing Project, 2018, para. 8). In other words, the degree to which minority groups are put into the criminal justice process is higher than the rate for the majority. Under such a divergence between races and ethnicities, it is evident that minority individuals are more likely to enter the criminal justice process, which will also influence the prosecution and sentencing rates.
In addition to a large pool of factors, which contribute to the racial and cultural disparity, there are disadvantages manifested in policies and biased use of discretion. It is stated that “prosecutors are more likely to charge people of color with crimes that carry heavier sentences than whites. Federal prosecutors, for example, are twice as likely to charge African Americans with offenses that carry a mandatory minimum sentence than similarly situated whites” (The Sentencing Project, 2018, para. 24). In other words, there is an inherent bias to charge minority groups with more severe sentences, which impacts the legal outcome. Therefore, it should be noted that discriminatory and unfair practices are not only present in the entirety of the criminal justice process but also outside of it, which leads to a higher chance of arrests and incarcerations.
In conclusion, when charged with a crime, cultural, racial, and ethnic discrimination can occur through discriminatory policies, disadvantages among the poor, disadvantages among the minority groups, a higher acceptance rate to the criminal justice process, heavier charges, and more severe sentences. Thus, it is evident that it is a multifactorial and multidimensional problem, which is not inherent to a single aspect of the criminal justice process. The magnitude of the issue becomes substantial due to the cumulative effect of these practices and policies.
The incarceration process is among the most impactful aspects of the criminal justice system in the United States, which have long-lasting effects on individuals. There are evident ethnic and racial disparities when it comes to the rate of incarceration, and such differences are also present between the wealthy and the poor and uneducated. In the case of how the minority groups have been impacted by the incarceration process, the main drivers tend to be structural disadvantage, implicit bias, and policies.
It is important to note that it is impossible to pinpoint a single cause or driver of disparities when discussing incarcerations. It is stated that “explanations for disparities range from variations in offending based on race to biased decisionmaking in the criminal justice system, and also include a range of individual-level factors such as poverty, education outcomes, unemployment history, and criminal history” (Nellis, 2016, p. 9). In other words, there is a clear and direct connection between one’s education, race, and socioeconomic status being correlated with his or her likelihood of incarceration. There are three main causes of such disparities, which explain how different racial or ethnic groups are impacted by the United States incarceration system. These are structural disadvantages, implicit bias, and policies and practices, and the former is manifested in the broader fact of minority groups being more likely to live in poverty, experience socioeconomic vulnerabilities, and being exposed to a higher degree of violent crimes (Nellis, 2016, p. 11). Therefore, the environment in which minority groups reside makes these neighborhoods highly policed and arrested, which increases the flow of minority groups into the criminal justice process.
Moreover, one cannot ignore the role of implicit bias and the perception of minority groups in the criminal justice system, especially among key decision-makers. It is stated that “racial prejudice exerts a large, negative impact on punishment preferences among whites but much less so for blacks.36 Other research finds that assumptions by key decision-makers in the justice system influence outcomes in a biased manner” (Nellis, 2016, p. 10). In other words, African American individuals are more likely to be given more severe and heavier incarceration measures and conditions, which are not related to the objective factors, but rather the implicit bias of the decision-makers. Lastly, policies and practices also explain how different racial and ethnic groups have been impacted by U.S. incarceration processes. For example, it is stated that “though police stops alone are unlikely to result in a conviction that would lead to a prison sentence, the presence of a criminal record is associated with the decision to incarcerate for subsequent offenses, a sequence of events that disadvantages African Americans” (Nellis, 2016, p. 10). In other words, a community with a higher rate of socioeconomic vulnerabilities, poverty, and lack of education is kept incarcerated even after the first instance, which substantially increases the overall disparity level.
In conclusion, it should be noted that policies, implicit bias, and structural disadvantage are key reasons, which explain how different racial and ethnic groups have been impacted by U.S. incarceration processes. The lack of education and poverty further complicate the problem since these drivers create a violent and hostile environment, which reciprocally impacts the minority through unemployment and higher policing.
The concept of community policing is a strategic framework of policing work, which primarily focuses on a single community and building personal relationships with the members of that community. It is more problem-oriented and comprehensive than a traditional policing measure since the given measures emphasize the critical importance of trust and community relations. It enables to avoid perceptive hostility and distrust expressed by a community, which is highly useful for minority and immigrant communities.
One of the core aspects of community policing is an accentuation of trust-based relationship building as well as community-oriented objectives setting. It is stated that it “encourages police to find solutions for a multitude of community problems and concerns such as crime, fear of crime, quality of life, and neighborhood conditions” (Jack, Spates, & Saint, 2021, p. 4). In other words, the police become a source and driver of community empowerment rather than an object of hostility. For example, community policing enables the development of more meaningful and long-lasting relationships between the members of a community and law enforcement professionals. Thus, the individuals living in a target community or neighborhood are more likely to be cooperative and transparent, which directly affects the overall performance of police officers since many communication and social barriers can be overcome.
Moreover, community policing also impacts the law enforcement structure itself by increasing diversity and proper representation among law enforcement officers. Evidence suggests that “white officers are more likely than black officers to use force, especially in predominately black neighborhoods. White officers use force 60 percent more on average than black officers and use force with a gun twice as often” (Jack et al., 2021, p. 3). Therefore, regardless of the possible explanations for why white officers are more likely to use deadly force, diversity is critical not solely for virtuous reasons but also for functional and performance-based ones. In other words, community policing reinforces and promotes diversity among law enforcement officers, which enables more peaceful outcomes of confrontations between civilians and law enforcement agents.
However, there are also major drawbacks in regards to community policing, which are primarily due to improper implementation and lack of effective monitoring measures. The first potential pitfall of such an approach is police corruption since community policing enables a more autonomous scope of responsibilities allocated to community law enforcement officers. In other words, building relationships can have an adverse effect, where law enforcement agents become contributors or beneficiaries of the communities’ criminals since their approach enables close trust and relationship building rendering community policing ineffective. In addition, community policing might remain ineffective compared to traditional policing if the community’s hostility level is unbreachable and exceedingly high.
In conclusion, community policing can be categorized as a plausible measure if implemented correctly with strict control and regulation. The advantages of such an approach are manifested in the increased degree of trust between law enforcement officers and the members of a community, which promotes cooperativeness and collaboration. However, community policing can also become ineffective due to a possibility of corruption due to increased autonomy as well as unbreachable hostility of the community itself.
The most direct aspect of criminal justice system disparities primarily takes place during interactions of civilians with a law enforcement officer. Such an interaction can be either calm or peaceful but result in death and a fatal outcome. It should be noted that members of minority groups interact differently based on the racial and ethnic profiles of the involved parties. The potential reasons range from implicit reciprocal bias and stigma to logical and irrefutable facts regarding police brutality.
It is important to note that although all minority groups express specific differences during police interactions, the evidence points towards African Americans being the most divergent from other groups. It is stated that “African Americans were found to be more fearful and distrustful of law enforcement than Whites and Latinos” (Cintron et al., 2018, p. 379). The differences can be primarily found in the areas of stereotypes, alertness, and submissive behavior expressed through posture and other indicators (Cintron et al., 2018). African Americans’ interactions with police are found to be the most stressful and perceptively dangerous since the implicit bias and stereotyping are expressed from both sides reciprocally. Police officers, especially non-African American ones, are more likely to use deadly force during such interactions, and they are also more likely to approach the situations with an elevated degree of hostility (Jack et al., 2021). Subsequently, African Americans are more fearful and distressed during these interactions, which can also additively contribute to the escalation of the communication from peaceful to a hostile one.
Therefore, it is evident that the existing biases and stereotypes regarding police interactions with African Americans are substantiated by data. However, other minority groups, such as Latinos, can also be more submissive and fearful compared to White Americans, although not to the extent of African Americans. The most apparent difference between Whites and non-African American minority groups is manifested in the fact that the latter does not believe in their complaints about police officer misconduct reports resulting in proper measures (Cintron et al., 2018). In other words, White Americans tend to express the highest degree of confidence in their capability to impose ramifications on an officer if the latter exhibits misconduct. Latino Americans did not believe in the current police complaint system, which is why their exhibit submissive behavior regardless of whether or not an officer is exceeding the limits of his or her powers and professional duties.
The reasons for such differences, especially in the case of African Americans, are based on factual evidence, where these groups are more likely to experience higher hostility, risk of use of deadly force, and misunderstanding due to cultural barriers, communication barriers, and implicit bias. In addition, such a dynamic promotes a reciprocal response from the minority groups, where they are also more likely to be fearful and distressed, which makes law enforcement officers more alert and ready for confrontation. In other words, emotions critically influence the flow of police interactions, such as an arrest, where logical and calm instructive communication becomes unfeasible.
In conclusion, there are evident differences in interactions with police officers between minority groups and White Americans. The difference is manifested in a more fearful and distressing reaction, which is complemented by submissive behavior, alertness, and stereotyping. The case is the most problematic in regards to African Americans, where both parties have implicit biases and hostilities towards each other, which complicates the operation. Other minority groups are also more likely to express distrust in the police misconduct report system, whereas White Americans have the most faith in these processes. The reasons for such differential reactions are rooted in both factual evidence on police brutality as well as subsequent bias or perception, which catalyzes the chain reaction, sometimes leading to the use of deadly force.
References
Cintron, M., Dawkins, M., Gibson, C., & Hill, M. C. (2018). “The Talk” regarding minority youth interactions with police. Journal of Ethnicity in Criminal Justice, 17(4), 379-404. Web.
Jack, J., Spates, B., & Saint, S. (2021). Racial justice and the culture of community policing in America [PDF document]. Web.
Nellis, A. (2016). The color of justice: Racial and ethnic disparity in state prisons [PDF document]. Web.
The Sentencing Project. (2018). Report to the United Nations on racial disparities in the U.S. criminal justice system [PDF document]. Web.