The US surpasses other countries in the world in the cases of incarcerations. Currently, the criminal justice system in America confines almost 2.3 million people, with the state prisons holding the majority of the incarcerated with 1,306,000 people (Morin, Martin & Restrepo-Serrano, 2016). People incarcerated over drug possession in the state prisons are 198, 000. The local jails account for 612, 000 incarcerated cases in which 149,000 are convicts and 462,000 representing the group not yet convicted (Morin, Martin & Restrepo-Serrano, 2016). 118,000 people are non-convicted cases with drug possession in the local jails and 35,000 represents the convicted group. According to Morin, Martin, and Restrepo-Serrano (2016), Latinos together with other ethnic communities in the US, are the people suffering greatly from mass incarcerations. The race construct tends to be the leading aspect responsible for the high rates of imprisonments and other unequal treatments of the Latinas in the US' criminal justice institution. Latinos and the African Americans’ experiences with the US’ justice system represent part of the subordination and dominations that these groups deal with within this country (Morin, Martin & Restrepo-Serrano, 2016). Morin, Martin and Restrepo-Serrano (2016), assert that the Latinos have been enduring the discrimination indignities throughout the history of the US together with other minority groups. Morin, Martin and Restreppo-Serrano (2016), highlight that the Latinas and African Americans are sharing the experiences of high rates of incarcerations from the existence of adverse practices and policies that always keep them in the limelight. They identify factors such as; a) negative stereotypic behaviors, b) the US' adopted police policies and practices, c) laws concerning the fight of drugs, d) media depictions, e) the immigration status of the Latinos and other bias patterns existing in at different levels of the criminal justice procedures. This paper discusses the persistence of ethnic and racial disparity among the Latinos in the US’ criminal justice systems. It provides reasons why the minority groups especially the Latinos are overrepresented in various stages of criminal justice systems, emphasizing policies that need change and, thus the adoption of new ones that will lead to low cases of incarcerations.
Factors Related to Mass Incarcerations
Historical factors
According to Rosich (2007), the chain-gang practices of the penal, lynching, and judicial and prosecutorial bigotry were the main characteristics of the criminal justice systems of the early decades. Ethnic minority groups in the US received their trials under all-white juries surrounded by all whites in the courts; for example, the trial of Scottsboro's rape case in 1931 (Rosich, 2007). In the 1910s there was racial discrimination in every aspect in the US, for instance, African Americans making 11% of the total population in the US, accounting for 31% of the prison population (Rosich, 2007). The sentencing laws in the I910s were discriminatory with harsh sanctions accrued to the minority groups that victimized the whites. According to Rosich (2007), the police took part in the discriminatory actions of racial violence in which they actively participated, failed to restrain mob, or encouraged the criminal acts. In most of the 1900s police were active participators in race riots in various states of the US with their behavior being the main contributor towards hostility and violence among the minority groups.
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Crime and punishment in the 20th century have been providing many powerful symbols of the racial differences in the US. By the end of 2005, the cases of incarcerated individuals in the US were 2,320,359, including all persons in the state and federal prisons, juvenile detention centers, territorial prisons, local jails, military and immigration facilities, and the Indian reservations jails (Sawyer & Wegner, 2019). However, despite the high numbers, the incarcerations rates are increasing annually in a steady mode regardless of the decrease in rates in recent years. Morin, Martin and Restrepo-Serrano (2016), shows that in every 99.1 individuals incarcerated, is a person from the communities of color; such as, the Latinos who are disproportionately represented than the whites.
Media roles and policy-making procedures impact on incarcerations
Many scholars are for the ideas that fear of crime effect in the policy-making procedures and the consistent negative portrayals of the media on immigration relationship to crime is responsible for lack of meaningful, long overdue, and practical changes in the US' jails and their criminal justice systems among the Latinos (Morin, Martin & Restrepo-Serrano, 2016). The public policy formulation to encourage crime phobia and the extensive roles played by the media houses in lashing policies related to crime on fear tend to be effective in skewing the incarceration rates among the Latinos and other minority groups. According to Morin, Martin and Restrepo-Serrano (2016) there is a decline in the rates of crimes committed evident in the national data of the 1990s. The existence of fears in committing crimes together with the anxieties built in by the social settings was responsible for the drop in rates of imprisonments. The changes in policies and politics since the 1960s whereby the campaigns shifted from poverty wars to fighting crimes and drugs often link crime rates to poverty (Sawyer and Wegner, 2019).
Creeping in of rehabilitation notions in penal institutions let in the control culture depicting criminals as irredeemable addicts, career criminals, and thugs filled with fear. Sawyer and Wegner (2019) name the most affected individuals in the rehabilitation notions as the middle-class victims, the suburban and the primarily white individuals whose exposure to the legal systems has driven changes in laws governing crimes. In modern-day, there are various changes in the criminal legislation, whereby victims are represented in various powerful symbolic ways even in aspects where they may not be well represented especially in the existing legislation (Morin, et al. 2016).
Policy developments influence incarcerations
Over the past 50 years, policy changes are prominent especially because of the pushing of the civil rights movements and other groups demanding new reforms that inspires and leads the US' court and supreme cases into changing their discriminatory acts on race by making it unconstitutional (Rosich, 2007). Changes in the constitution to incorporate the minority communities involve; the minority defender's routine denial of bail was removed, fair charges would accrue to them, no disproportionate charges, and they would always have a legal representative in their cases (Rosich, 2007). The civil rights movements emphasized law enforcement practices and policies with greater professionalism and responsibility although the cases of police brutality might still be persistent. The modern-day legislations try to incorporate everyone playing a role in crime and criminal justice sectors (Rosich, 2007). For example, police officers in such legislations are often depicted as victims, the misguided parole officials, judges who go soft on certain crimes, and defense lawyers, thus featuring everyone not only the criminals.
Issues affecting Latinas and their Relationships with the Criminal Justice Systems
Cultural problems
Latinos especially the recent immigrants, who lack an understanding of the complex US legal system, may have a language barrier and might be unaware of their rights when faced with criminal charges. According to Walker, Villarruel, Senger, and Arboleda (2004), Latinos face problems during police arrests, as the judge hands down a sentence, as the prosecutor files a criminal charge and during probation. These issues are related to officers ignoring the fact that a Latino especially, a recent immigrant may need a language interpreter, may lack an understanding of the US' legal system, and maybe unaware of their rights (Walker et al., 2004). More so, the problem intensifies when a Latino faces a judge, probation officer, and court clerks who are culturally incompetent nor know various languages, and lacks Spanish -written court documents where necessary (Walker et al., 2004). Therefore, Latinos in such a scenario is likely to be arrested, receive charges of exaggerated crimes, not forgetting incarcerated thus, serving long jail term than when charges with the same crime under different circumstance. Therefore, the system seems incomprehensible and frightening to the Latinos who may not understand English comprehensively thus making the Latinos highly susceptible to long term jail imprisonment.
Socioeconomic factors (SEF)
The SEF is another issue affecting the Latinos' experience with the US' criminal justice body. According to Walker et al. (2004), in every set of four Latinos, one of them is poor, comparing to one individual, among nine whites. More so, Latinos are three times unlikely to have a health insurance policy compared to the whites. Many of the poor Latinos tend to have problems related to substance abuse, are uninsured, and are likely to interact with the criminal justice system more often (Walker et al., 2004). Research confirms that poor Latinos have little choices in the US, with their options including continued addiction or incarceration, a case different from a rich Latino who can receive treatment from a private medical institution with other supports to help address the case of substance abuse (Walker et al., 2004). US' decision to address drug problems as criminal offenses instead of a health issue weighs heavily on the Latino community than it affects other communities. Therefore, the US' criminal justice system can be termed as unjust to the Latinos.
Stereotypic behaviors among the Latinos
Formulating public policies around crimes and crime fears and the media role of disbursing incomplete, negative images are the most influential bodies that are responsible for high rates of incarcerations (Sawyer & Wegner, 2019). According to Sawyer and Wegner (2019), many misconceptions behaviors associate the Latinos and other minority groups with criminal activities. For example, examining the court's conventional operations, confirm that the whole body of the criminal justice and law enforcers show that there are racial and ethnic differences existing in the penal systems (Morin, Martin & Restrepo-Serrano, 2016). However, Latinos tend to suffer the most, being the objects of various stereotypic behaviors especially that which link immigrant status to criminal behaviors.
Discrimination among the Latinos minimizes opportunities available for achievement in life. Assessing the case of discrimination in the juvenile correctional centers, the Latinos are unlikely to graduate high school (Morin, Martin & Restrepo-Serrano, 2016). In the employment sector the Hispanics, face discrimination, and may not get well-paying jobs, and for the working Latinos, they are likely to get less pay compared to the whites, hence live in poverty. Walker et al., (2004) also pinpoint the issue of urban living among African Americans and Latinos which limits their opportunities for recreation and sports which would help with deterring them from criminal activities hence the overrepresentation in the justice systems.
Ethnic and Racial Discrimination Cases among the Latinos
Mass incarceration
The Latinos are likely to end up in prison, for illegal drug possession, even though they are fewer consumers of alcohol and other drugs compared to other minority groups. Walker et al. (2004), asserts that there may be the existence of ethnic disparities in criminal behaviors in particular forms of offenses, however, the differences, have no significant explanation for the magnificent overrepresentation of the minority groups in the justice systems. A study on the American youth population-based on interviewing and self-reporting led to the conclusion that delinquent behavior is a relatively common feature among the adolescents regardless of ethnicity (Walker et al., 2004). The research led to the conclusion that the Black Americans by 17 years had the probability of one third to committing violent crimes compared to the whites. However, these findings do not account for the large cases of imprisonment among blacks. Walker et al. (2004), pinpoints a 5-times rate of Blacks incarcerations than that of the white, while there was a 2.5 times rate of Latinos incarcerated compared to the whites. Walker et al. (2004), explains that the overrepresentation of the minority groups in the criminal justice system happens to be a complex social issue, which is influenced by acts of biases, and other policies such as “tough on crime” and “war on drugs” that leads to discriminatory influences on accessing treatments and rehabilitation services.
a) War on drugs
Latinos comprise of the fastest growing and largest ethnic community in the US (Walker et al., 2004). US census as per 2000, the Latinos made 12.5% of the population of the US, a 58% growth increase between the 1990s and 2000 (Walker et al., 2004). The Latinos population is expected to undergo a growth rate of more than 3 times rates of the whole US’ population growth in the next decade. Consequently, these growth trends show the likelihood of an increase in the problems related to the Latinos thus posing an increase in the financial problems of supporting and treating Latinos at both local and state levels. Therefore, changes need to be embraced to protect Latinos' rights.
According to Walker et al. (2004), Policies on drug use and federal sentencing tend to be claiming very many victims for many decades now. For example, Latinos are receiving disproportionate charges with their drug offenses thus the high rates of incarcerations for low-level crimes. Latinos accounted for half of the 46% of the drug offenses in the federal institutions. More, so there were almost 84% of cases of prosecutions for drug offenses. Individuals suspected to be part of a drug conspiracy had their prosecutions declined while the smaller quantities’ suspects especially the Latinos convicted.
Discriminations on accessing treatments and rehabilitation services
Many cases of nonviolent people imprisoned are Latinos, and they tend to be facing serious inhibitions in getting the treatment services available to other people. According to Walker et al. (2004) Latinos’ females receiving treatment for drug abuse are only 4% while black females are 5.4% and the whites make 11.8%. The Latinos’ prisons are unlikely to receive any type of treatment for substance abuse. Including California's proposition, 36 is an initiative in the right direction as it is diverting the nonviolent offenders to treatment programs (Walker et al., 2004). However, the Latinos incorporated in these programs are very few compared to the Black and their White counterparts. According to Walker et al. (2004), Latinos lack participation in the various treatment options because the majority of the participating agencies are underequipped in handling cases of individuals with limitation in English proficiency.
Solutions necessary to reduce Mass Incarcerations among Latinos in the US
Sentencing reforms are necessary
The sentencing policy changes since the 1970s for application of US’ prisons as punishments is causing high propensity to mass incarcerations among the Latinos. Walker et al. (2004) explain that both the federal and state government ought to effect some changes in their sentencing to have a substantial drop in the rates of incarcerations. Sentencing reforms that encourage high rates of proportionality between one's sentence length and offense severity needs to be adopted in the drug offenses in which the Latinos are mostly involved. According to Walker, et al. (2004) the systematic approaches are necessary as they advocate for moderation or elimination of the sentencing performs that leads to long sentences for the repetition of the offenses such as the life without parole, three strikes and the various mandatory minimums that the Latinos serve at the Federal and State prisons (Walker, et al.2004). Thus, the adoption of these changes together with the development of a sentencing commission that is protected from any political effect will result in practical and transparent sentencing practices that address Latino's safety while still achieving the retributive goals in the US criminal justice system.
End to media stereotyping
The media can recreate and reinforce the economic, social, and symbolic place for the Latinos in the US every day (Lopez, 2010). Particularly the attitudes and public perceptions towards the Latinos not only create barriers to their developments within the society but also make these positioning seem natural and inevitable. Therefore, the media reforms can act as an important means for changing these negative stereotypic attitudes as they are capable of shaping popular ideas concerning Latinos and thus the existing negative attitudes towards them. The media can first start by reforming their distorted patterns of portrayals among the Latinos, especially their overrepresentation of cases of drug abuse and increased emphasis relating to immigration with criminal activities (Lopez, 2010). More so, they can avoid exaggerations on the race-based disparities in the socio-economic aspects and the violence and criminality behaviors. These reforms are likely to attract public support in campaigns to end mass incarcerations among the Latinos as well as encourage change in the criminal justice systems by keeping them at check with the public.
Increased access to the Spanish Language at all levels of the criminal justice systems
The justice system in the US ought to provide quality services to the limited English proficiency Latinos at the various levels of the criminal justice system. According to Lopez (2010), the justice system needs to recognize that Latinos come from various backgrounds and so are their experiences, thus, they have diversified cultural needs. The existing constitution, in the US, entitles every individual with limited English proficiency to an interpreter throughout his or her criminal justice systems (Lopez, 2010). Reforms necessary include, the state keeping at pace with the population increase of the people requiring certified interpreters at the various levels of the criminal justice systems to help meet the needs of the defendants. Therefore, the governments need to allocate funds to cater for the constitutional requirements together with offering additional training for the law enforcers, medical and law professionals on the best techniques for identifying needs for language interventions thus, connecting these people to the available services hence, avoiding unnecessary incarcerations due to language barriers.
Advocate for drug abuse treatments and rehabilitations by focusing all the available resources to these programs
Treatments are cheap, costing almost 10% of the incarceration expenses, and they have proven to be more effective in reducing recidivism (Walker et al., 2004). Mandatory rehabilitation and treatment is smart policy because it reduces crime rates, holds the families together, inexpensive, and possesses the highest potential of returning an individual to their productive self. The US government can play a vital role in changing the effect of substance abuse on minority communities by financing the projects to ensure that many people can access the services (Lopez, 2010). More so, they can increase the facilities available offering help and develop them to suit the cultural needs of the Latinos (Lopez, 2010). Moreover, encouraging the development of the community-based institutions within the Latinos’ communities is highly encouraged because the staff in such an area is culturally competent on the issues facing the Latinos thus, allowing a change in substance abuse by availing written information in Spanish, and provides other services effectively without language problems.
References
López, I. F. H. (2010). Post-racial racism: racial stratification and mass incarceration in the age of Obama. California Law Review, 98(3), 1023-1074.
Morin, J. L., Restrepo-Serrano, F., and Martin, Y. C., (2016) Incarceration and Latinas/os in the United States.Latinos and Criminal Justice: An Encyclopedia.p119-143.
Rosich, K. J, (2007) Race, Ethnicity and the Criminal Justice System, American Sociology Association, Washington, DC. https://www.asanet.org/sites/default/files/savvy/images/press/docs/pdf/ASARaceCrime.pdf
Sawyer, W., and Wegner, P. (March 19, 2019), Mass Incarceration: The Whole Pie https://www.prisonpolicy.org/factsheets/pie2019_allimages.pdf
Walker, N. E., Villarruel, F. A., Senger, J. M., & Arboleda, A. M. (2004). Lost opportunities: The reality of Latinos in the US criminal justice system.
