In a system where all should by right be judged not by anything other than the acts they’ve committed, the idea that any injustice exists based upon discrimination is abhorrent to the concept of justice. No matter that it should not happen, the many opinions and facts that it does indeed occur have come to light through past generations in order to better shine a light upon the inequities of a system that has for too long leaned in a particular direction. There is no justice for those who are forced not only to pay for their true crimes but also for implied fallacies over which they have little to no control. Discrimination in the criminal justice system deprives American citizens of both liberty and equal opportunity.
Whether such an issue actually exists in the justice system is highly debated, and tends to see only the plight that so often exists between Caucasians and African-Americans. While other minorities and ethnicities are seen to experience discriminatory practices at times and can be tied to such an issue as well, it is far more common to note the differences in how black and white offenders are treated in comparison to one another. For generations now different ethnicities have become hampered or otherwise ill-treated by the justice system according to popular rumor, but overall the lack of any proper evidence has led a great deal of gossip and opinion (Thornberry, 1973). There is little doubt that there is in fact discrimination between ethnic groups and their treatment by the justice system, but the issue remains as to how much belief comes from factual data and how much derives from popular opinion.
Much of the issue of discrimination comes from previous generations when simply being
black in a white community was tantamount to being guilty of something, no matter what they
might be accused of. In the current era equality has come a long way, but there are still tensions
that cause a racial divide. Within the justice system it is far likelier to see harsh sentences
handed down to black individuals than any other ethnicity largely because of racial bias that is hidden behind legal statutes.
Discrimination within the justice system typically begins with the persecution of individuals, or as opinion would state, of ethnic groups. In some areas it is far more likely for black Americans to be targeted for suspicious activities by police than any other ethnicity. Young black men in particular are often seen as more likely to become incarcerated for one crime or another at some point in their lives than young white men or women. This imbalance is in some regards blown out of proportion by rumor and gossip as well as numbers and statistics that are horribly skewed by personal and racial biases, but far too often they are proven and well illustrated by the facts that are presented.
Discrimination does not stop with police officers however, as it can enter the courtroom and the prisons as well. Racial bias can be found in juries, performed by judges, and even by prison guards and other convicts. Very rarely is it seen when African-American individuals, males in particular, are given what is considered a fair trial. Among the only decisive wins for the black community came in 1995 when Orenthal James Simpson, a noted celebrity, was tried and found innocent of a double homicide (Fairchild & Cowan, 2010). In this instance many black Americans rejoiced and found reason to believe that the justice system had finally turned in their favor.
What is unfortunate is that the trial, as high profile as it was, did not highlight any of the
very real issues that the average person still deals with today. For instance, many attorneys will
hesitate to cite race as a basis for their client being brought to trial if they are anything but black,
and even then the practice is still discouraged in favor of facts and evidence presented. In an
ideal world each individual that comes to stand before a judge would receive a fair sentence in
regards to their crime, but in the world that exists such a thing is not always the case. Instead, suspects are often the victim of assumption and bias that takes place both in the jury box and the judge’s position.
Discrimination in prison is not as virulent as it is in the rest of the justice system as many of those who are sent to such institutions are often seen to join gangs and other groups that offer protection of some kind. Even if those individuals do not join others in an attempt to fit in, they will often seek to keep themselves from harm or harassment of some sort by making deals with those who can help them in some way. Color and race in prison is just as important as it is on the outside, but with far more rules and regulations that are imposed upon prisoners in much more equal measures. Discrimination occurs within the prison system, but it is far more often against large ethnic groups than against an individual.
In fact the most discrimination that occurs in prison is a direct result of both policing
efforts and court sentencing. Both aspects of the legal system are responsible for sending well
over six times as many black males to prison as they do white males (Armstrong, 2015). There
are a great many reasons why this happens, from setting up a population to fail to those who fail
they do. While little of that is important save for a defense during trial, the mere fact that black
males are so predominant in the prison system raises need for concern. While it is said that
justice is blind the fact remains that white convicts often receive lighter sentences than black
convicts (Burch, 2015). It has even been suggested that those who have lighter skin but are still
African-American have received sentences that are statistically similar to white convicts, thereby
adding confusion and even more discrimination based upon skin color. The severity of the
crimes committed, while taken into account, still often are insignificant in determining the length
and severity of a convict’s sentence. The mere fact that skin color plays a factor in sentencing is
abhorrent to those who would see justice done, but still remains a deciding factor to many, particularly white-dominated juries.
Jury selection is also to blame for discriminatory practices as attorneys and lawyers,
along with their counsel, are often seen to ignore certain ethnicities and races in favor of those
who will support their case. While it might be considered unethical and even morally corrupt to
decide the fate of an accused person in such a fashion, jury selection is still under the purview of
those who are in charge of making certain that biases of any kind are either minimized or
eliminated from the jury. In other words, jury selection is meant to create as fair and objective of a jury as possible, not to provide anyone with another advantage. It is an imperfect system, but one that is as accurate as can be afforded at this time to any accused individual.
Public opinion and societal views can go a long way to cementing how discrimination affects individuals and groups. In seizing upon one aspect of discrimination as it occurs within society, especially within the dispensing of justice, it is often seen that male Caucasians are more commonly authority figures, while male African-Americans are the perpetrators and/or victims. This type of discrimination has been ongoing for generations and exists in the current day as a means of controlling certain parts of a society so as to maintain authority. Though not all who enter the service of the justice system are bent upon the racial tensions that pervade the system, many will actively seek to exploit such differences to their advantage.
Discrimination does exist in the modern age. Regardless of its unethical nature and its division of racial groups, it is also harmful to the very justice system. If a society’s individual peoples cannot be governed equally by the laws it creates then there is no justice. Without equal justice for all the system is flawed, and a flawed system is doomed to failure.
References
Armstrong, A.C. (2015). Race, Prison Discipline, and the Law. The Interplay of Race, Gender,
Burch, T. (2015). Skin Color and the Criminal Justice System: Beyond Black-White Disparities
in Sentencing. Journal of Empirical Legal Studies, 12(3): 395-420.
Fairchild, H.H. & Cowan, G. (2010). The O.J. Simpson Trial: Challenges to Science and Society.
Thornberry, T.P. (1973). Criminology. The Journal of Criminal Law and Criminology, 64(1): 90.
