Racism in the criminal justice system is associated with several processes, including policing, criminal prosecutions, trials, and sentencing. The consequences of racism in the criminal justice system are devastating and have lasting implications for future generations to come. Members of racial, ethnic, and other minority groups experience racism and often face harassment, false convictions, and arbitrary detention. Racism is rooted in the policing sector since police officers disproportionately target members of minority and marginalized groups ( Rocque, 2011 ). Additionally, the criminal justice system is a diverse realm and encompasses all processes involved before the final sentencing of a wrongdoer. Criminal Justice Systems are expected to offer balanced judgements and treatments to every suspect; however, racism has influenced the normal operation of criminal justice systems by affecting decisions and causing harassment on members of minority groups.
The growing racism in criminal justice systems has led to discrimination abuse within administering criminal justice. Vincent & Viljoen (2020), argue that the Criminal Justice System (CJS) of the United States has, on several occasions, upheld established social and economic hierarchies that deny members of the minority groups equal rights as their white counterparts. Additionally, the CJS has taken part in promoting racism by excluding members of minority from exercising their rights to take part in various occupations and educational opportunities. The CJS has occasionally enforced its subordination to individual members originating from the minority groups like blacks in the United States ( Rocque, 2011 ). The law enforcement apparatus is altered to act against vulnerable groups by misusing their executive or police powers.
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Additionally, another way racism in the CJS influences jury decisions and police protection is that people facing discrimination are not provided with sufficient protection by the police or through issuing of court orders during times when they stand with their rights while experiencing disputes with other private citizens. A clear case of racism in the Criminal Justice System includes actions by police officers to stand by as attacks are mounted against members of vulnerable and marginalized groups ( Bhui, 2009 ). In most countries, police refuse to register complaints from marginalized groups based on race, ethnicity, and descent, while they give special treatment to individuals who attack them. These actions against members of vulnerable groups show how racism is deeply rooted in the current Criminal Justice Systems.
On the other hand, when members of marginalized groups are accused of committing certain crimes, the police are too hasty to treat them with extreme brutality, unlike other individuals. The extreme cruelty provided by law enforcement officers against members of vulnerable groups shows the effects of racism in the CJS. It illuminates the extent to which police are directly involved in racist practices. The extent of discrimination in CJS is perhaps most pervasive and profound rooted in the regions experiencing the heritage of slavery and legislated segregation. According to Bhui (2009 ), the policing department sometimes embraces various forms of hidden racism that permeate private and public practices across an entire society, thus finding its clearest forms of expression through the state’s administration of justice. Vincent & Viljoen (2020), argue that the police department is tasked with ensuring justice and supporting every individual right at all costs; nevertheless, it is evident that when police engage in racist practices, the criminal justice system becomes a primary factor to express racism rooted in the community.
At the national or local criminal justice systems, racism is also practiced through various forms of practices that deem marginalized groups of their rights, like racial profiling. Racial profiling is a significant form of racism in that individuals from a marginalized group are accused of committing crimes based on their racial ethnicity. Racial profiling is an ongoing subject for discussion since most marginalized individuals are accused falsely and serve jail terms knowing that they are innocent.
Racism and racial disparities are majorly common in the policing department. Encounters between individuals of vulnerable groups and the police provide entry for racism in the criminal justice system. The police have shown a differentiated treatment to people originating from relatively minor communities. According to Bhui (2009 ), police officers are more likely to act leniently and use less force when dealing with white offenders than the treatment of black offenders. He also argues that statistics from the Bureau of Justice indicate those police officers majorly targeted black individuals in incidences involving crime than people of White or Hispanic origin. Another example is when police stop target black speeding motorists more than those from White or Hispanic backgrounds. Rocque (2011 ) argues that police officers often let go of incidences involving over speeding when it turns out that a white international of Hispanic origin is driving the car, unlike the case when a black American is the one driving the vehicle. Racism in Criminal Justice System has existed for an extended period since the reign of Jim Crow Laws that supported racist actions to be perpetrated under the protection of the law.
However, the Criminal Justice System is currently undergoing changes and reforms that have restored some sanity and disarmament of racist operations. For example, in contemporary times, Criminal Justice Systems strive to provide the best judgments and equal treatments to all individuals irrespective of their race or ethnicity. Consequently, the reforms are revolutionizing policing and court operations that previously supported racism agendas against marginalized communities. As a result, Criminal Justice Systems are expected to provide specific services and rule out all acts that promote racism and discrimination.
References
Bhui, H. S. (2009). Race and criminal justice . SAGE Publications Ltd, https://www.doi.org/10.4135/9781446215951
Rocque, M. (2011). Racial Disparities in the Criminal Justice System and Perceptions of Legitimacy. Race and Justice, 1(3), 292–315. doi:10.1177/2153368711409758
Vincent, G. M., & Viljoen, J. L. (2020). Racist Algorithms or Systemic Problems? Risk Assessments and Racial Disparities. Criminal Justice and Behaviour , 47 (12), 1576–1584. https://doi.org/10.1177/0093854820954501
