Argumentative Research Paper - Racism and Prejudice in the US Justice System

Running head: RACISM AND PREJUDICE IN THE US JUSTICE SYSTEM

RACISM AND PREJUDICE IN THE US JUSTICE SYSTEM

Racism and Prejudice in the US Justice System

Ebonee L. Jarrell

EN1300 – Composition II

Professor Sasha Huether

April 4, 2021

Abstract

This argumentative paper to discusses whether or not there is racism and prejudice in the United States justice system. The study gathered and reviewed related literature to strengthen the argument, found examples of how these prejudices are practiced, measured the extent of the practices, and determined who were victimized the most by the racism and prejudice in the justice system. The conclusion was that people of color are the victims of racism and prejudice which allows for systematic injustices. Such racism and prejudice occur in several forms in the justice system of the United States of America.

Racism and prejudice in the American justice system has always been a major issue, especially among the African American communities. African Americans perceive that when it comes to justice, they do not get it and are often treated as if they are guilty even before being investigated. There is lack of due process when it comes to black people and other persons of color. In fact, www.dw.com indicates that blacks in the U.S. are targeted by an unfair justice system. They state that “the country's justice system discriminates against people with darker skins. In the early 2010, statistics made the rounds that one out of three black men would spend some time in prison, compared with one out of 17 white men.” (Blieker, 2020)

Whether there is unfair practice in the justice system is disputed of course. Some studies indicate that inequality is changing for the better. According to a report by the think tank Council on Criminal Justice, the difference between the number of imprisoned black people and white people fell considerably between 2000 and 2016. Whether there is decrease or not however, there have been many cases over the past few years, that have shown substantial disparities between how whites and people of color are treated within the U.S. justice system.

The study is significant to American citizens because it provides them a clear picture of how racism and prejudice are manifested in the U.S. justice system. It will help them understand the severity of racism and prejudice and to realize those who are disproportionally victimized, and how affects these victims. It will provide awareness of the effect of racism and prejudice in the justice system today. The study will be able to encourage advocacy for reforms and policies protecting the rights of Blacks and other minorities.

Review of Related Literature

Studies point out that racism and prejudice happen continuously in America. In 202, Blieker conducted a study that indicated that Blacks in the U.S. are targeted by an unfair justice system. “Black people made up 12% of the US adult population but accounted for 33% of people serving a prison sentence, while white people made up 63% of the US adult population, yet just 30% of prison inmates,” (Blieker, 2020). In her research, she insinuated that the introduction of mandatory minimums, were a clear indication of racism and prejudice as longer prison sentences could be imposed for minor possession of drugs.

“For drugs like crack, which was generally less expensive than cocaine and more often found in the possession of Black people, these mandatory punishments were much longer and handed down for smaller amounts than in the case of drugs like cocaine, which was generally more expensive and more often found in the possession of white people” (Blieker, 2020).

The study also pointed out that people from impoverished areas face further punishments through the bail bonding system. “A person charged with a crime who cannot afford bail is required to stay in jail until their trial takes place — often for months or even years,” (Blieker, 2020).

Umsted (2014) explicitly indicates that the criminal justice system has a race problem. The study cited that in June 2013, the American Civil Liberties Union (ACLU) distributed information that showed a large racial inequality in marijuana arrests using an analysis of statistics from the FBI’s Uniform Crime Reporting Program. The ACLU exposed that African Americans are nearly four times more likely than Caucasians to be arrested for marijuana despite reporting closely comparable marijuana usage between the two. The researcher indicated that the racial disproportion appears to be increasing like previous periods during the ”War on Drugs” era previously implemented by then President Ronald Reagan. Many people believed at the time and still to this day, that the campaign was intended to disproportionately affect African Americans. ACLU report suggests that the “War on Marijuana” has similarly become “a war on people of color,” (Umsted, 2014).

Camplain, et al. (2020) conducted a study to evaluate the relationship between race/ethnicity and drug- and alcohol-related arrest. The study compared the race and ethnicities of over 36,000 drug and alcohol related arrest from counties throughout U.S. Southwest from 2009 to 2018. The researchers found that there were substantial racial/ethnic disparities over that ten year period. People of color were more often booked into jail vice cited and released like non people of color. “Their findings of disparities in outcomes by race/ethnicity indicated potential explanations and implications at different stages of interactions with the criminal justice system, including arrest (entry into the system), prosecution and pretrial services, and adjudication and sentencing,” (Camplain, 2020).

Mooney, et al (2018) also conducted a study evaluating California’s Proposition 47, which reclassified felony drug crimes to misdemeanors in 2014. The researchers used data from all drug arrests made in California from 2011 to 2016 and evaluated the racial/ethnic inequalities between whites, blacks, and Latinos. Their study found out that in the month proceeding the passage of Proposition 47,

“absolute Black–White disparities in monthly felony drug arrests decreased from 81 to 44 per 100,000 and continued to decrease over time. There was an immediate increase of 27% in the relative disparity, however, because a higher proportion of felony offense types among Whites was reclassified. Total drug arrest rates also declined, suggesting drug law enforcement was deprioritized. During the first year after enactment, felony drug arrests fell by an estimated 51,985 among Whites, 15,028 among Blacks, and 50,113 among Latinos.” (Mooney, 2018)

The research determined that reducing criminal sentences for simple drug possession actually reduced the racial and ethnic disparities that were seen in criminal justice system.

Cox (2018) also conducted a study on the impact of racial health disparities in the context of mass incarceration primarily focusing on how the criminal justice system negatively effects the lives of minorities. Her study indicates that, African Americans and minorities in particular, are more likely to be exposed to incarceration and suffer from health consequences of incarceration. Her study found out that incarceration worsens health outcomes and leads to additional stigmas and stress. This can result in less economic resources and community support as offenders are unable to gain significant work experiences or build professional social systems that would increase chances of employment, (Cox, 2018).

DeMaso conducted a study with three goals. The first was to place the justice department’s current sentencing guidelines within the larger framework of the U.S. attorney’s offices. Second, was to show the illogicality of those policies. Lastly, the study wanted to commemorate the Supreme Court’s reestablishment of “reasonable judicial discretion as the touchstone of federal sentencing law,” (DeMaso, 2006). The study specified the belief that there is an imbalance in the justice system. Additionally, DeMaso believed that the balance would reamin elusive if legislators continued to hand out unwarranted sentences for small crimes. DeMaso states:

“Even were federal ‘uniformity’ obtainable in the prosecution of such crimes, it would depend on willful blindness to the world that exists behind the odd subclass of offenders caught in the federal beam.” (DeMaso, 2006)

DeMaso concluded that the courts should play a minimal role in interfering with criminal jurisdictions. However, the courts can and should hold federal authorities accountable for not being fair with sentencing across the board, (DeMaso, 2006).

This section would discuss and present some supporting materials on how racism and prejudice occur in the U.S. justice system. It shall also discuss the severity of such, who are greatly affected and what recommendation can be done to minimize the problem.

Racism and prejudice in the justice system occurs in many forms. From the manner of arrest, investigation, sentencing, serving the sentence, and the treatment of inmates; there is disparity. White supremacy prevails even in the justice system. The following are some evidences that shows how racism and prejudice in our current justice system occurs: (1) the use of a non-unanimous jury system which can silence the voices of African American jurors who had to attend as jurors, but not have their votes count; (2) using mental illness as a scapegoat for white terrorists which moves away from the idea that there is a racial motive (Duncan as cited in Cohen 2020).

Quigley provided many samples of racism and prejudice in the justice system. While blacks only comprise 13% of the U.S. population and 14% of monthly drug users, they comprise 37% of drug arrests. Law enforcement stop blacks and Latinos at much higher rates than whites. In New York City, people of color only make up about half of the population, yet 80% of stop and frisk stops made by the NYPD were made on blacks and Latinos. Comparably, only 8% of whites were frisked when stopped. Since 1970, drug arrests have skyrocketed from 320,000 to 1.6 million according to the Bureau of Justice Statistics, (Quigley, 2011). “African Americans are arrested for drug offenses at rates 2 to 11 times higher than the rate for whites,” (Human Rights Watch, 2009 as cited in Quigley). Blacks are more likely to remain in prison awaiting trial due to the disparity in the bail system as previously discussed. This is whether they are innocent or not. Public defenders are assigned to nearly 80% of all cases for people of color due to the lack of financial means to cover the cost of attorney fees. African Americans are regularly illegally disqualified from criminal jury service according to a June 2010 study released by the Equal Justice Initiative. Trials are rare. Most black defendants do not get a trial. “Most plea bargains consist of promise of a longer sentence if a person exercises their constitutional right to trial. The U.S. Sentencing Commission reported in March 2010 that in the federal system black offenders receive sentences that are 10% longer than white offenders for the same crimes. The longer the sentence, the more likely it is that non-white people will be the ones getting it,” (Quigley, 2011). A July 2009 report published by the Sentencing Project discovered that two-thirds of the people serving life sentences are non-white. The U.S. Bureau of Justice Statistics concluded that “the chance of a black male born in 2001 of going to jail is 32% or 1 in 3. Latino males have a 17% chance and white males have a 6% chance. Thus black boys are five times and Latino boys nearly three times as likely as white boys to go to jail,” (2009 Criminal Justice Primer, The Sentencing Project, as cited in Quigley, 2011). Even when released from prison, race continues to dominate. Race is so prominent in that study that whites with criminal records actually received better treatment than blacks without criminal records (Quigley, 2011).

Given the supporting literature and studies on racism and prejudice in the justice system, the researcher concludes that racism and prejudice is prevalent. There is an immediate need to change, not just reform, the justice system. As Martin Luther King, Jr. indicated, “the nation must undergo a radical revolution of values.” It is important therefore for look at the root cause of the problem in the justice system of America. It is not only about provision of food and beds for the prisoners, but to look at the human rights of every individual. Everyone in society should speak out against systematic racism and prejudice. The nation must create fair educational, medical, and employment systems. The nation must advocate for policy reforms to eradicate racism and prejudice. The nation must always uphold the human rights of individuals regardless of color and race.