Discussing Racism in the American Criminal Justice System
ASTRACT
Racism is a serious issue that is deeply imbedded in the American Criminal Justice System. In fact, unfortunately, that racism has existed and almost as long as the United States has been its own country. The presence of that racism is heavily and perpetually debated. Today we see questionable racial attitudes of law enforcement, racially motivated, policies, and disparities in criminal sentencing has only bolstered the arguments. From highly publicized cases, like Trayvon Martin in Florida and Michael Brown in Ferguson, Missouri, as well as, the strict new laws, founded on racism, in the state of Arizona. That said experts argue that based on faulty and biased principles and assumptions. Changes and reforms are called for if America hopes to ever be truly an equal and just nation got all of its citizens. However, to do so it is essential that the United States admit and accept how deeply the problem goes.
KEY TERMS: racism, criminal justice, Trayvon Martin, Ferguson, police profiling.
INTRODUCTION
As much as many modern Americans would like to say that racism, racial disparities in governmental systems and general discrimination as a whole no longer exist. While many people do not share racist views, the ideology as a whole, still exists, as surely as it has throughout history (Griffith, 2012). Racism can still be found in neighborhoods, schools, and professional environments. However, its is the American Criminal Justice System that seems to express and perpetuate negative racial stereotypes and unfair and imbalanced punishments based more on race that the crimes committed. This is not something new, in many ways; the United States government has developed itself on favoring the interests of Caucasians, more so than any other ethnic group (American Civil Liberties Union 2014). It is found at every level of the Criminal Justice System. It amounts to institutional racism and it can hardly be rectified until it is acknowledge. It has become quite clear in recent years just how much those disparities are ever-present in society today; the case of Trayvon Martin, The events in Ferguson, Missouri and the shooting of Michael Brown, and the ethically questionable “profiling laws” adopted by the state of Arizona. Unfortunately, there seem to be an endless stream of examples. However, unless these issues are brought into the light, then change cannot be expected, however, it is not impossible. But first we must accept that each and every day the racial disparities are seen in cases against African American and Hispanic offenders, in how they are arrested, how they are treated, how they are charged and sentenced is quite different from a white counterpart committing the same sort of crimes.
HISTORY
When the United States was still being founded, governmental debates were already brewing about how this country would work and who would be charge. While many of the founding fathers of this country were openly opposed to slavery in the new America, but these early abolitionists would be out voted by a South, very strong at the time, simply would not allow that to happen. So any such laws that would favor slaves, freeing, slaves, or offering slaves any form of rights was off the table. That said, the laws at the core were written by white men to protect the interests of white men who held all of the legal, social, and authoritative positions associated with a white man. Of course, history would begin to change, slavery would be ended at the conclusion of the Civil War in the 1860s, and African Americans were freed from bondage. All the same, this did not mean they were differed real employment, could participate in the community and the like, and were continually threatened and mistreated just as they has been during the era of slavery (Griffith, 2012). That said it would be years before laws would be changed hat would reform the way the Constitution and Bill of Rights should have been all along. Allowing African Americans the same opportunities as any other race. However, that still did not mean that many people were opposed to the end of slavery, the granting of equality to African Americans, and changed the hearts and mind of men, born and raised on hate propaganda, like that distributed by the Ku Klux Klan.
In the early 1900s the government instituted the “Jim Crowe Laws.” These laws essentially meant a black person could be accused of any crime for no other reason than that they are African-American. Some of the harsh laws allowed a “black” person to be arrested for making eye-contact with a white-person, for standing in one spot for too long, or for crossing the street. The Jim Crowe Laws encouraged segregation and did nothing to protect the minority members of the public. These laws remained on the books for years; even after their foundation are racially discriminatory (Haug, 2012). However, by the 1960s those laws, ideologies, and attitudes were questioned during the civil Rights Movement. In the 1990s there was a great deal of change and reforms considered. However, regardless of efforts the issue remains a problem. At present, more than half of the people presently incarcerated in prisons across the country are African American males. Sadly, American continues to be plagued by the ignorance and intolerance of people of other races (Phillips, 2011).
DISCUSSION
The Criminal Justice System is, unfortunately, layered in racism, in all facets. From how non-white statistics show that it is more likely to have interaction with law enforcement, to how often these encounters result in arrest. The severity of cases and harsher sentencing that African American and Hispanic offenders must face compared to their Caucasian counterparts. There are five major areas that exemplify this racism in ways that are difficult to ignore.
The War on Drugs: This was a time period in the 1980s, during the Reagan administration, which took a firm stand and called for greater policies, greater punishments, and a zero tolerance outlook on drug trafficking, distribution, and usage. Ideally, this would deter the drug industry. While well-intended, the “War on Drugs,” created some policies that instantly created a rift of racial disparities right from the start. For example, powdered cocaine and “crack,” or rock cocaine, are essentially the same drug sourced from the same place. However, powdered cocaine is more expensive and better quality than “crack.” Cocaine was more commonly associated with the white demographic and “crack” more so with African Americans. The latter carries a much higher sentence than the former. Automatically placing “crack” users with more severe and longer punishments (Griffith, 2912).
Arrests: Police tend to have a larger presence in African American and Hispanic neighborhoods. The larger that presence makes the likelihood of the population having interactions with law enforcement, is much more common. However, this presence, or rather the need for it, does exude some definitely questionable racial ethics. There is an idea that non-whites are more “prone” to commit crimes. Therefore that police presence is required. While gang violence is a serious problem, may law enforcement departments consider groups of five or more non-whites youths gathering could be perceived by police as a gang. This is not based in any actual gang activity or affiliation, but on their skin tone (Griffith, 2012).
Police Corruption: we live in a diverse world, but that does always works out well. Many police officers had or have developed biased and discriminatory views, which can color how they perceive a situation and the people in it. There have been many instances of police harassing and making assumptions based o race. There are, also, some officers who fully and with ill-willed intention and abuse or misuse the position and power (Griffith, 2012).
Racial Profiling: Racial profiling in and of itself is highly racist in its foundation. Researchers in these fields claim that they are basing the projections on solid science. They rely on mathematical equations, psychological and sociological certainties, and statistical data, to form a clear picture of how likely some offenders are in compared to others. Thy sand behind the data as a legitimate approach of predicting the likelihood of crime and whom may be responsible for it. Unfortunately, much of the statistical data is founded on racial disparities that exist in the system as it is today. They base their prediction on racial assumptions. For example, police officer spots an African American male driving a very expensive sports car through the wealthy part of town. The officer makes the immediate assumption that statistically speaking a “black man” driving that kind of car in this type of area is likely because the car is stolen. It is not that African Americans commit more crimes, but because, due to the heavy police presence, when they do they are more likely to get caught. This is not an excuse for allowing the actions of a few taint perceptions of the race as a whole (Griffith, 2012).
The Media: From the newspaper and online websites to local news programs and popular media, every single one inundated with stories of gang violence, shootings, or drug-related crimes. These instances become the stereotypes that people accept as fact. The media aids in perpetuating bias messaging that negatively impact the public. Media, especially, news programs, Should have more well-rounded preventions of races and crimes. Generally speaking, the public only hears stories of ethnic individuals if they have commit a crime, while white people are more commonly only mentioned when they are the victim of a crime (Griffith, 2012).
The racism in the American Criminal Justice system has become pervasive. Constantly new events bring about debate over that racism and what that means for the public. There have been a number of high profile cases, highly publicized policies, and questionable police actions that have become figure-heads of that racism and its presence in the United States Criminal Justice System. Trayvon Martin was a 17-year-old African American boy living in Florida. As he crossed through a neighborhood on foot he gained the attention of George Zimmerman, a neighborhood watchman with a superiority complex. Against suggestions that he not follow the boy or arm himself he did both anyway. Ultimately, the situation resorted in a confrontation and Zimmerman killed the unarmed teenage. There are many racial motivated aspects to this case. The prosecution and media worked to discredit the teenager, in order to present him as the stereotypical gang banger. This would make Zimmerman’s actions more understandable. The greater insult came in the trial's verdict, where George Zimmerman was acquitted and this teenager was "villainized" and denied justice (Jones, 2013).
Michael Brown was a teenager living in Ferguson, Missouri. He did knowingly enter a local liquor store and steal a packet of cigars. He did shove the shop keeper as he tried to prevent the theft. These are crimes, but rather minor crimes, in the grand scheme of things. However, when the police caught up with Michael he was surrounded by police. Although he has not threatened anyone with a weapon and did not possess a weapon, the police should have been satisfied with apprehending this “shoplifter.” Instead, the outcome was quite different. One of the officers fired and killed Michael Brown while standing at attention by the police. Witnesses were so outraged by what they saw that they feel that there are two kinds of policing in this country. There is “one to serve and protect the white community and one to criminalize and control the black community” (American Civil Liberties Union, 2014). Parts of Ferguson exploded into anger, violence rioting, and looting. While not all protestors were involved in the worst violence, the city still called in the National Guard to control the situation. There is clearly a problem in this situation. He stole 3 dollars worth of merchandise and that, at least, in the firing officer’s eyes, an offense worthy of an immediate death sentence. That is clearly a racially based choice.
Finally, the racial profiling laws that have been adopted by Arizona law enforcement. Initially the state argued that the laws were being instituted to limit and deter illegal immigration, from Mexico, into their state. However, It became obvious very quickly the many ethical issues these policies create. In Arizona, the police have the discretion to arbitrarily target anyone that they feel might be an illegal immigrant. But how do you do that without basing it in a visual cue. You cannot and that is what makes it so very racist. If these officers see a brown face, they may assume that that person is “likely” to be illegally in this country. However, it appears that only non-white individuals are being questioned. Despite popular belief, white people can also be in the United States illegally. One could be an Irish immigrant whose visa has expired; however that is not the point that these laws are meant to make. They are targeted attacks upon the Hispanic and Latino populations in their state. Arizona continues to back their engaging of these laws, even though the federal government has deemed them unconstitutional. (Von Sternberg & Pottratz Acosta, 2010).
CONLUSION
In the end, it seems fairly obvious that, with or without intention, a great deal of racism has infected the American Criminal justice System. It, also, seems clear that this continuous growth of racism developed from a seed that was planted I the policies, laws and societal consciousness of the United States. This issue is incredibly serious and it screams for the need of immediate action. As it stands, there is a terrible imbalance in the justice system. If justice is not a standard that applies to all citizens equally, then it simply is not truly justice. Changes and reforms are paramount and essential. The last line of the “Pledge of Allegiance” says, “with liberty and justice for all.” Perhaps if we establish reforms, the United States will be truly worthy of making that claim.
REFERENCES
Griffith, N. (2012). Racism in the Criminal Justice System. California Polytechnic State
Haug, N. (2012). Race and the Criminal Justice System 1 Race and the Criminal Justice
System: A Study of Racial Bias and Racial Injustice. California Polytechnic State University, Fall, 1-39
Jones, C. (2013). The System Isn't Broken, It Was Designed That Way: A Critical Analysis of
Historical Racial Disadvantage in the Criminal Justice System. The Hampton Institute, 1-1.
Phillips, Coretta (2011) Institutional racism and ethnic inequalities: an expanded multilevel
framework. Journal of social policy, 40 (01). pp. 173-192.
Von Sternberg, M., & Pottratz Acosta, A. (2010). Report On the Constitutionality of Arizona
Immigration Law S.B. 1070. New York City Bar, 1-33.
American Civil Liberties Union. (2914, January 1). Racial Profiling. Retrieved October 17, 2014,
