6 Jul 2022

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Favoritism in the Courtroom

Format: APA

Academic level: Master’s

Paper type: Essay (Any Type)

Words: 575

Pages: 2

Downloads: 0

The issue of favoritism in the judiciary has received huge attention from counsels, judges, scholars and various stakeholders. Unlike in the past when White-Americans received favorable judgments compared to racial minorities, it has now caught the attention of many that racial minorities are more likely to be offered favorable plea by the courts that White-Americans charged with the same offence (McNamara, 2009) . It is therefore important to use the evidence provided of prosecutors in a particular jurisdiction willing to reduce charges or recommend sentences below that which is permitted by the law, especially to racial minorities, and try to explain why such cases arise. 

The evidence gathered is proof enough that the existence of a judicial process which holds counsels and judges accountable is not always a surety to avert biases in the courtroom. The jury selection is more likely to impact on the path a case takes (McNamara, 2009, p. 261) . Black judges are more likely to hand less sentence to black law violators, partly because they relate to the problems and culture of the black community. The same case applies to white judges who may offer a bargain plea to racial minorities, for example, being sympathetic to black crimes. Such happenings can play a critical role in explaining why racial minorities could be favored with court outcomes compared to White-Americans perpetuating the same crime (Richardson, 2016) . 

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Diversity impacts on the decisions made in court cases. Thus the inadequacy in addressing the issue of diversity playing a critical role in court’s ruling in favor of racial minorities (Richardson, 2016) . Culture is a critical part in the justice system because some races may complain about being convicted for some petty cases such as animal sacrifice, which is part of their culture which would compel one to stand trial (Starr, 2012) . Such happenings result in offenders basing their defense on culture, especially to immigrants with African and Asian origins. Thus making it hard for courts to give harsh sentences like those of White-Americans committing the same offence. Increased diversity also plays an important role in court cases, especially cases which may involve communication barriers due to an offender from a racial minority background not being able to converse in English. If not addressed, it may lead to the offender being handed lenient sentence compared to White-American offenders to reduce workload and save on time (Walker, 2012) . White Judges many offer harsh sentences to White-American offenders because of their familiarity with the race. It is thus prudent that the justice system addresses the issue of diversity and multiculturalism to avert the problem of favoritism in the judiciary. 

Racism has been a volatile topic in the United States for centuries now, and in an effort for white judges not to be prejudiced for being racist, may decide to offer a bargain plea or reduces charges to black offender compared to the White-American offender (Walker, 2012) . With this, it can explain the anomalous finding of why courts may d epict cases of implicit bias towards racial minorities compared to White-American law perpetrators. 

Conclusion 

Findings have shown that race is a determining factor in the path a case takes. The findings are even more anomalous because they reveal that racial minorities are more likely to be offered a bargain plea and lenient sentences compared to their white counterparts. This has culminated with reasons manifested in the judicial system which should uphold justice and not show any form of bias. Elaborate measures have to be taken to ensure the judicial system is not compromised in its quest to provide equal justice to all, and not on racial lines. 

References 

McNamara, R. H., & Burns, R. G. (2009). Multiculturalism in the criminal justice system. New York, NY: McGraw-Hill. 

Richardson, L. S. (2016). Systemic Triage: Implicit Racial Bias in the Criminal Courtroom.  Yale LJ 126 , 862. 

Starr, S. B., & Rehavi, M. M. (2012). Racial disparity in the criminal justice process: Prosecutors, judges, and the effects of United States v. Booker. 

Walker, S., Spohn, C., & DeLone, M. (2012).  The color of justice: Race, ethnicity, and crime in America . Cengage Learning. 

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StudyBounty. (2023, September 15). Favoritism in the Courtroom.
https://studybounty.com/favoritism-in-the-courtroom-essay

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