Statistics from the American department of justice reveal massive disparities in the numbers of incarcerated people among the Hispanic, African Americans and the whites (Caucasians). Going by statistics, a considerably large number of African Americans (10%) were behind the bars as opposed to only 2.4% and 1.2% of Hispanic whites and non-Hispanic whites respectively (Travis, Western, Redburn & National Research Council U.S, 2014). The aforementioned figures give a big picture of the incarceration disparities as of the year 2003.In addition, these statistics attest to the fact that at the age of between 25 to 29years, African American males are more likely to be put under incarceration than the whites or Hispanics. Further, the statistics display the utter inequality in terms of race in the criminal justice system of the United States. Similarly, there are disparities in sentencing and the numbers of lawyers among the three races. Certainly, in the criminal justice system of the United States, disparities in terms of sentencing, incarceration, the number of arrests and the numbers of lawyers among the Hispanics, whites and the African Americans, do occur.
Statistics can often be misleading. In fact, failure to separate race and ethnicity tends to conceal the disparities that exist in terms of the aforementioned factors of consideration. In some cases, the statistics mislead because of categorizing the Hispanics and the whites (Caucasians) in the same class. Simply, when the whites are grouped together with the Hispanics, figures are misrepresented, and in this way, they perpetuate structured inequality. With such false impression because of the erroneous presentation of figures, everything seems to be well, when there is much that calls for urgent interventions.
According to Javitze (2010), the African Americans constitute 30% of the feral population and approximately 47% of the United States population. The relatively high number of the African Americans (the blacks) in the federal population reveals that they face more socio-economic challenges compared with the Hispanics and the whites. Moreover, statistics shows that the inmate populations comprise of people of color who often experience serious socioeconomic challenges. Furthermore, the African Americans’ unemployment rate is twice as much as that of the Caucasians. Sad still, the African poverty rates are three times higher than the Caucasians’ rates. Owing to the vicious cycle of economic challenges that the African Americans, it is not surprising that, they risk more arrests because of social crimes.
Evidently, there are disparities in arrest rates among the whites, Hispanics and African Americans. In the year 2003 alone, the arrest rates of the blacks were 2.6 times more than the rates of arrest recorded for the whites. In addition, the arrest rates are even higher for certain offences. The arrest rates for African Americans for drug and violent crimes, in the year 2003, for example, were approximately 3.4 times higher than the rate of the whites. In the case of arrests made because of gambling, murder and robbery, African Americans arrest rate was over 5.5 times more than that of the whites apprehended for the same crimes (Travis, Western, Redburn & National Research Council U.S, 2014). Going by the statistics of 2003, there is an overrepresentation of the African Americans in specific crimes different from those that are related to alcohol consumption. In the same year, the rate of arrest for Native Americans was only 1.4 times more than that of the whites, with notable disparities in violent and public offenses.
Of similar importance in the analysis of incarceration disparities, is the nature of court processing of sentences. Statistics indicates that African Americans are less likely to receive a probation than the whites are, and more likely to get a prison sentence as well. The average sentence, in addition, for violent crimes, is one year less for the whites compared to that of the African Americans. Regarding conviction because of drugs, the rates for African Americans are more above those of the whites convicted for the same crime.
Regarding new admissions to prison, statistics reveal a worrying trend of disparities.as per the 2003 criminal justice department report, the rate of new admission of African Americans to prison was about 5 times higher than the rate for the whites (United States, 2011). The number of newly admitted Hispanics was twice that of the whites. In other words, being a Hispanic or an African American, means that one is more likely to be admitted to prison than a white counterpart regardless of the type of crime is committed. Additionally, in the 2003 statistics, it is evident that more people of color are admitted to prison because of probation or parole revocations.
Incarceration disparities reveal unequal treatment of the Hispanics, African Americans and the whites in the United States criminal justice system. Across the United States, the 2003, statistics indicate that the African Americans are incarcerated at times more rate in state prisons as compared to the whites. In the local prison jails, the trend is no different because the African Americans are incarcerated about four times more than their white counterparts. The incarceration rate of the Hispanics is three times higher than that of the whites.
Most of the people convicted in the United States prisons are convicts having lousy job prospects or who earn dismal incomes. Statistically, 70% of prisoners receive less than 15 dollars annually, 45% held a temporary occupation while more than half of the prisoners did not complete high school (Travis, Western, Redburn & National Research Council U.S, 2014). The conformist theory suggests that poverty and crime are correlated and inseparable. Because of the low economic status, the conformist holds true, the police base their search on the residences of the blacks since that is where crime rates are often higher. In an attempt to eke out a living, through unjustified means, for example, more blacks are likely to be arrested each day. Noticing that the blacks have fewer avenues to earn a living, they are often pushed to criminal activities to sustain themselves and their families. Because the predominantly black neighborhoods in the United States are put on the spotlight as crime fighting areas, more blacks are arrested. That increases the chances for incarceration of African Americans relative to others.
Drug-related crimes increase the number of black males behind the bars in state prisons. The prosecutors understand that most of the crimes at the community level originate from issues related to illegal use and sale of drugs. In practice, the strict war on drugs in America declared in 1980 has contributed to the increase numbers of African Americans behind bars in state prisons. Some of the studies on the use of drugs in the United States reveal that most African Americans use drugs to relieve their frustration, stress and hopelessness. Strict emphasis on incarceration for drug users has led to more blacks being arrested than the Hispanics or the whites.
In regard of court bails, the Hispanics and African Americans do not enjoy the privilege because of their low economic status. Mostly, the blacks and Hispanics have odds in terms making of bails. In other words, this means that as more whites access the finances to make bails, the blacks are not able to afford bails. Thus, they are incarcerated. Furthermore, a limited social network and constrained economic resources mean that the blacks are 87% more likely face pretrial incarceration (United States, 2011). Surprisingly as well, the pretrial incarceration of Hispanics is more than 100% more than that of the whites.
In the legal fraternity, there are fewer black lawyers compared to the numbers of the white lawyers. Out of the 76 largest law firms of New York, only 34 partners are blacks against 1406 white partners (Clear, 2012). Similarly, only one out of ten lawyers in the United States is a minority lawyer. In essence, African American/ black lawyers have hard times in the line of duty compared with the white lawyers. Black attorneys, for example, do not get an opportunity to prove themselves no matter how prepared they can be. In addition, white lawyers- representing what is often referred as “lily white” scenario lead most of the law firms. The prison inmates, most of them, are blacks, meaning that very few blacks are available for further post-high school studies. With the high numbers of the blacks behind the bars, it is certain that the numbers of black lawyers will be low because of the low post-high school enrollments in law schools. Furthermore, the tuition fees for law studies are higher, and most blacks cannot afford to pay for the post-high school studies. With such structural barriers, it is obvious that the blacks would constitute a smaller number of lawyers in the United States.
Even as judges claim that sentencing is a long decision-making process, the disparities in the court processes often portray a different scenario. Because the police focus on the poor residential neighborhoods of the blacks when fighting crimes, it is predictable that more Hispanics and blacks will find themselves behind the bars for one or two crimes. Such disparities reveal that where the police direct their surveillance is one of the variables that that influence court decisions.
Typically, numerous factors contribute to discriminatory judgments in the courts’ decision-making arm (Clear, 2012). Some of the variables include the defendant’s social ties, appearance, social, economic status, judges, victims’ characteristic and the court’s characteristics. Illustratively, denying bail for the blacks who face charges amounting to violent offences is one of the most evident scenarios of court sentencing disparities. Of the three races, the Hispanics receive the harshest sentences. Thus, when the disparity is in the form of the treatment of Hispanics and blacks with same legal characteristics, the Hispanics often receive less beneficial solutions.
References
Clear, T. R. (2012). Imprisoning communities: How mass incarceration makes disadvantaged neighborhoods worse. Oxford: Oxford University Press.
In Travis, J., In Western, B., In Redburn, F. S., & National Research Council (U.S.). (2014). The growth of incarceration in the United States: Exploring causes and consequences.
Javitze, R. D. (2010). Mass incarceration and offender reentry in the United States. New York: Nova Science Publishing, Inc.
United States. (2011). Mass incarceration in the United States: At what cost? : hearing before the Joint Economic Committee, Congress of the United States, One Hundred Tenth Congress, first session, October 4, 2007. Washington: U.S. G.P.O.
