17 May 2022

372

Ethnic and Racial Segregation in the US Criminal Judicial Systems

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The American community is slowly becoming more ethnically, racially and economically more polarized. A majority of the poor and minority citizens ascribe to the discrimination thesis that the policies and practices in the criminal justice system are racially and ethnically aligned. Several studies reveal that the approximately two-thirds of the African-Americans surveyed have a firm resolve that criminal justice id rigged against them. Several civil society groups buy into the idea of discrimination against minority groups. On the other hand, Conservatives deny such facts that the system is racist. Several drug policies in existence have disproportionately affected particular ethnic and racial groups, more particularly African Americans. Center for Health and Justice promotes public policies that examine and reverse the disproportionate impact of the present laws, practices, and strategies on the minority societies. Severe heights of discrimination do not just happen. They are occasioned poor law-enforcement strategy that promotes racial and tribal discrepancies. Acts of discrimination has been a song in the household of most Americans since time memorial. The judicial systems are expected to be the point of last resort in the quest for justice and taming racial segregation issues. Some of the laws and the legal policies have remained an impediment to the realization of such a dream. Racial discrimination matters remain controversial within American borders since there is substantive evidence to confirm both systematic and individual biases. 

Causes and Consequences of Institutional Discrimination 

The most considerable degree in the American criminal justice system is the fact it is a race-based institution in which the minority groups are directly targeted and receive punishment in more vehement and aggressive than the manner in which their White counterparts receive ( Omi & Winant, 2014). Mentioning that the US criminal system is racist might sound political and controversial in certain circles. The facts are, by themselves, overwhelming. No actual debate on this. Below, I outline a number of these points ( Omi & Winant, 2014) .

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The question remains; are the proofs the errors of a then excellent structure, or are they signal that the racially prejudiced criminal integrity system is aptly operating as envisioned? Is the American judicial structure working to relegate and control lots of people in the minority category? 

Evidence regarding racism is present in each stride of the judicial system. That ranges from the usage police stops, drugs, bailouts, legal representation, trial, arrest, jury selection, prison, sentencing, freedom and parole. A keen analysis of these elements reveals shocking details (Wallace, Nazroo & Bécares, 2016). 

On matters apprehension, it is realized that the police stops Latinos and Black Americans at a far advanced rate than the White Americans. In the City of New York, where colored persons comprise nearly half of the human populace, 80% of the NYPD sojourns were the Latinos and Blacks ( Thompson, 2016) . In a case where the White portion of the population was stopped, only 8% of them were frisked. When Latinos and Blacks are stopped, a considerable majority of approximately 85% were searched. The narrative is correct, as well, in a majority of other regions. In a California based research, the ACLU realized that blacks were three times more probable to be stopped and frisked than the Whites ( Thompson, 2016)

In the event of an arrest, the Blacks are more expected to stay in custody as they await trial than the White counterparts ( Thompson, 2016) . For instance, a 1995 examination of segregation in processing delinquency arrests by the New York municipal Department of Criminal Justice found out a shocking revelation. The Blacks in New York are 33% more prevalent in detention awaiting felony trials as than the whites experiencing felony trials ( Tatum, 2017). 

When one faces arrest, 80% of the parties in the criminal justice system acquire a civic protector for their attorney. Ethnic and racial profiling plays a part here as well. If one stops at an urban trial chamber and see the colour of the individuals that wait for public defenders. No matter the number of heroic pains by civic defenders the scheme provides them more toil and far lowers monetary awards than the tribunal ( Tatum, 2017) . A Black winning a case in case in such corridors of justice is not an easy task. The fundamental right to a lawyer that the US assume applies to each one accused of criminal conduct efficiently does not use in practice for many persons in America ( Tatum, 2017)

Minority groups are mostly illegally excluded from criminal jury service with regards to the June 2010 research given by the Equal Justice Initiative. For instance, 8 out of 10 African American in Houston County, Alabama was eligible for jury service but was struck off not to serve on the death penalty circumstances by the prosecutors ( Tatum, 2017)

Both the graphs indicate a disparity in the treatment of the whites and Blacks. It relays an acute message on the heights of segregation that the society has fallen into. A proper legislative agenda needs to be put in place to reduce the rates of racism in the criminal judicial systems.

Extent of law-Enforcement Strategies that have contributed to racial and ethnic disparities in Drug use Arrest rates

Drug policies create a single most important elements adding to racial segregation in criminal justice systems. A prime example of formal racism is on Federal cocaine laws. In the present law, offenses that border crack-cocaine are chastised much more intensely than those that incorporate powder-cocaine. Lacey (2013) argued that t he state directives contemplate on a specified quantity of blow equivalent to a hundred times the quantity of cocaine in powder form. That hundred to one ratio yields verdicts for crack suspects that are more punitive than the penalties for perpetrators whose crime encompasses powder cocaine. The tricky part is that Black users of cocaine prefer crack while the White consumers of cocaine prefer powdered cocaine. The defenders of the minority team have since argued in federal courts that the directives discriminate by race and cause a violation to the equal protection clause enshrined in the fourteenth amendment. Part of the statistics given agrees with this viewpoint shows that all individuals charged with ownership of crack-cocaine are predominantly Black Americans ( Lacey, 2013) . To the contrary, those that are charged and found in custody of powder-cocaine are majorly White Americans. 

Impact of the Disparities

Racial discrimination in the criminal justice system is doing more harm than good to our beloved nation. It raises stigma of criminality functions in various aspects. That leads to the creation of legal boundaries between the majority and minority groups, and that allows legal discrimination against one of the teams. That alienates the right to vote from millions of the people and effectually stores a disposable population of unwanted individuals. That leads to the caste system of operation (Tonry, 2015). 

The less wealthy Whites and persons of other culture are induced to the tenure of social control. That is because if the meager white earners or other persons get out of mark, they can be accorded the wickedest possible kind of handling. 

Judicial systems should be a point of finding justice. When they resort to delivering racist kind of arguments and judgments, a domestic war on the marginalized persons is imminent. Through marginalization, the minority groups are dominated and controlled for the security of the productive. Intimidation intending to accept their inferiority is the order of the day. They can as well be removed from the community of the productive. According to Brady, Winston and Gockley (2014), discrimination leads to lots of psychological stress. That excludes the following of belonging to an individual. That has serious health implications. 

Potential Strategies to Combat Discrimination

Kivel (2017) confirmed that racist judicial systems should be fought by all means possible. It is vital that the nation radically undergo a revolution of values. A radical approach implies we have to get back to the root of the menace. People just join hands in dismantling the unjust system. The US needs to count on options by asking itself relevant queries for instance-should America decriminalize drugs like marijuana? Is there need for the prisons to be abolished? Should the use of restorative justice be expanded? There should be the creation of fair and just educational, employment and medical systems. Further, there is a need for critical movements that advocate for human rights, for instance, Critical resistance, INCITE, the Centre for Community Alternatives among others. Grassroots organizing, consciousness raising and community empowerment should be done ( Kivel, 2017) . That should include all shades of people and educate on the importance of appreciating our diversity and shunning racism. 

Conclusion

It is censoriously summarized that the U.S criminal justice system policies and practices disproportionately affect racial and ethnic minorities. That is the fact that has lasted for years stemming from the days of the slave trade. Such heights of discrimination cause lots of riffles in society. The impacts of racial discrimination lead to marginalization and a feeling of inferiority. The federal government should crack the whip on the vice by instituting laws that deter any degree of racial discrimination in the courts. All humans should be subjected to some level of acute treatment.

References

Brady, S. S., Winston, W., & Gockley, S. E. (2014). Stress‐Related Externalizing Behavior among African American Youth: How Could Policy and Practice Transform Risk into Resilience?  Journal of Social Issues 70 (2), 315-341.

Kivel, P. (2017).  Uprooting Racism-: How White People Can Work for Racial Justice . New Society Publishers.

Lacey, C. (2013). Racial disparities and the juvenile justice system: A legacy of trauma.  Los Angeles, CA, and Durham, NC: National Center for Child Traumatic Stress .

Omi, M., & Winant, H. (2014).  Racial formation in the United States . Routledge.

Tatum, B. D. (2017).  Why are all the Black kids sitting together in the cafeteria and other conversations about race . Basic Books.

Thompson, N. (2016).  Anti-discriminatory practice: Equality, diversity and social justice . Palgrave Macmillan.

Tonry, M. (Ed.). (2015).  Crime and Justice, Volume 44: A Review of Research  (Vol. 44). University of Chicago Press.

Wallace, S., Nazroo, J., & Bécares, L. (2016). Cumulative effect of racial discrimination on the mental health of ethnic minorities in the United Kingdom.  American journal of public health 106 (7), 1294-1300.

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StudyBounty. (2023, September 15). Ethnic and Racial Segregation in the US Criminal Judicial Systems.
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