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Policy Gap Analysis

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Policy Gap Analysis

The criminal justice system is faced with complex issues like discrimination of marginalized communities and this impacts how fairness and justice are served. Through the NASW ethics code, there is an exposure of the pervasive mass incarceration of Hispanic and Black people in the system compared to White people. It is a significant disparity that shows that there are massive gaps in policy where the social and racial justice of these individuals are violated. It also shows how the system has failed in ensuring that it gives justice and fairness to every person without discrimination. It is important that these gaps in policy are given attention because it would ensure some changes within the system and this would favor the discriminated populations.

Institutional racism is deeply embedded into the criminal justice system and this brings the need to rectify the injustices and wrongs done to Hispanic and Black people. A reform within the system would guarantee that there is equity and equality. Advocating for changes in policy where the structures that encourage racial disparities, leading to mass incarceration rates should be dismantled (Blankenship et al., 2018). There is a need to closely look into the causes and this would mean going back centuries. Historical factors like racism and segregation largely play a part in the racial injustices and disparities where White people are seen as superior and other minority populations seen as inferior. This is a pervasive way of dividing people because it brings inequalities and encourages the mistreatment of some populations and favoring of others.

Advocacy for policy changes in laws like mandatory minimum sentencing laws would be revolutionary because it would ensure the incarceration rates for these populations reduce. A Black of Hispanic person is more likely to get incarcerated for a non-violent crime compared to the White population and this means that their numbers are disproportionate. Rehabilitative services should be prioritized in communities where people of color live because this would be beneficial in reforming behavior, instead of offenders getting incarcerated for insignificant crimes (Martinez-Garay, 2023). A redirection of resources toward support and these rehabilitative services would significantly impact the incarceration rates within the criminal justice system.

There is a desperate need for changes in this area. The high incarceration rates for colored persons in the criminal justice system not only expose poverty cycles but also erodes the principles of justice and fairness. People of color are often economically disadvantaged which means that they cannot enjoy privileges like affording high amount of bail money or getting themselves a decent lawyer. This means that from the beginning, they are more likely to be disadvantaged in the process of attaining justice. Furthermore, the fact that the system already works against them in terms of systemic racism means that the unfairness does not stop there.

It is crucial to align the NASW ethics code with the core values of equality, as well as social justice. This would mean that there would be a redirection and a society that is equitable and just would be created. Ethnicity or race would not matter because everyone would be treated with respect and dignity as a human being rather than someone belonging to a specific demographic group. Social justice would guarantee that equity and fairness are fairly defined and this would influence the principles of the criminal justice system. Everyone’s rights would be upheld and the significant racial disparities within the system would be reduced if not completely eliminated. Through the equitable distribution of resources within the criminal justice system, everyone would have a chance to fair trials and justice would be attained, meaning that the mass incarceration of marginalized communities would be dealt with.

The issue of discrimination is largely shaped by biases and systemic inequities, which shows the root of the mass incarceration problem. For instance, policing tactics that encourage racial profiling are perverse and they are the main drivers in the disparities in the rates of arrest. For example, a Black or Hispanic person has a higher likelihood to be arrested at a routine traffic stop compared to a White person (Barber, 2023). This shows that law enforcement agencies have biases that favor White people over other communities of color. The police are often suspicious or persons of color and scrutinize them at every opportunity they get. Also, there are disparities in parole and sentencing decisions and as mentioned earlier, there is unequal access to legal representation. Due to such factors, the overrepresentation of Hispanics and Blacks in this system is exacerbated, which shows the poverty cycles as stated earlier.

To ensure that there is improvement, there must be specified goals for the efforts for advocacy. For instance, this could include implementing training programs for implicit bias for police officers. This would ensure that the rates of racial profiling are reduced and the problem would be solved little by little from where it begins (Lai & Lisnek, 2023). Also, policies that promote rehabilitation instead of punitive measures would be beneficial in attaining the goal of reducing incarceration rates for these communities. Lastly, policymakers should be held accountable for what they implement and establishing tracking measures for progress would ensure that the racial disparities are dismantled.

All in all, the changes would not come without resistance from political opposition, especially for people who benefit from mass incarceration like prisons (privatization of services contributes to this). Also, budget limitations must be considered but navigated to ensure that there is equity, fairness, and justice. Through collective power in public education, grassroots advocacy organizations, and building coalition, these challenges would be overcome and societal change achieved. Therefore, the NASW ethics code principles would be honored and someone’s color would not have to determine whether or not they get justice and fairness.

References

Barber, J. (2023). Black, Latinx People Were 90 percent of Those Arrested in NYPD Traffic Stops. NYCLU. Retrieved from https://www.nyclu.org/commentary/black-latinx-people-were-90-percent-those-arrested-nypd-traffic-stops

Blankenship, K. M., Del Rio Gonzalez, A. M., Keene, D. E., Groves, A. K., & Rosenberg, A. P. (2018). Mass incarceration, race inequality, and health: Expanding concepts and assessing impacts on well-being.  Social science & medicine (1982),  215, 45–52. https://doi.org/10.1016/j.socscimed.2018.08.042

Lai, C. K., & Lisnek, J. A. (2023). The impact of implicit-bias-oriented diversity training on police officers’ beliefs, motivations, and actions.  Psychological science,  34(4), 424-434. https://doi.org/10.1177/09567976221150617

Martínez-Garay L. (2023). Evidence-based sentencing and scientific evidence.  Frontiers in psychology,  14, 1309141. https://doi.org/10.3389/fpsyg.2023.1309141