The Constitution of the United States has its foundation on equal rights, freedom and justice for every American. Inequality is an observed fact within the criminal justice system. Ethnic and racial disparities are present in the New York Criminal Justice System (NYCJS). Discrimination is both explicit and implicit with reasonable vestiges of institutionalized biases in the dispensation of justice. The combination of the latent and apparent discrimination has contributed to the formulation of crime-related policies and reforms. The degree of unequal treatment of individuals is a concern for many interested in social justice and law enforcement. There are differences in approaches from arrest, citations, sentencing, and incarcerations across jurisdictions. Across the continuum, whites, blacks, Latinos, encounter and experience the justice system differently. This paper discusses the justice process and racial bias in New York City because it creates cynicism on police brutality, and skepticism regarding anti-crime policies. Structural racism, though implicit is the underlying factor in the nature of court practices in New York City.
The law enforcement agencies and the justice system are intertwined but separate. The interconnections have made the justice process more complex than simple. The Department of Justice admits in its report that there is a systemic injustice and reforms are required in the entire justice system. One cannot discuss the justice system without making mention of the law enforcement agencies. Race and ethnicity have significant influence on the criminal justice results than anything else in New York City.
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The American Constitution is not discriminatory. The justice system in the city of New York is to guard, explain, and enforce the Constitution. However, it has become, to an extent a system of law enforcement that operates on bias policies and racial inclinations. Disadvantaged minorities experience different difficulties and challenges in the justice system. These challenges reinforce the social, political, cultural, and economic disadvantages that are associated with minorities in the U.S. The over-representation of some minorities in prisons and jails across the city is a testament to the disproportionality and disparity in the dispensation of Justice.
The criminal justice system in New York State begins with the law enforcement officials. It is a complex process that is daunting and frightening for those who are not familiar with how it operates. Acts of arrest involve felony, misdemeanor, and violation. If charged with felony and misdemeanor, the police officer or officers must file felony and misdemeanor complaints with the criminal courts respectively. For violations, one may be given a ticket or taken to the police station where they are given a desk appearance ticket (D.A.T.), which requires the recipient to appear in court. If an arrest is without DAT, one is placed in jail to be before a judge in the criminal court within 24hours. Before meeting with a judge, one has to go through the Central booking for criminal history investigation and fingerprint collection.
The prosecutor connects with the person who made the arrest, to ascertain the level of evidence. A representative of the Criminal Justice Agency (CJA) will also interview the arrest individual to help the prosecutor determine the bailable nature of the crime. The next step is the arraignment where one is told the charges against them and the prosecutor discusses with the accused whether to proceed to trial. During arraignment, one is allowed to hire a lawyer or be given one by the state. If bail is granted, a calendared appearance must be made to hear the case. Sometimes, a temporary order of protection is granted to a victim or witness. A plea bargaining process ensues with pre-trial negotiations. Sentencing varies according to the offenses. Also, offenses such as felony and misdemeanor are further subcategorized. A grand jury is usually set to hear cases of felony in a special felony court. If in jail and the judge determines that there is sufficient evidence, an indictment is made against the offender. If not, the person is released “on your own recognizance” (ROR’d).
The proceedings of the grand jury are performed in secret, away from the public. One has the right to testify before the grand jury composed of about sixteen to twenty three persons. If they are not satisfied with the evidence the individual is released from jail, but if the evidence is sufficient, they arraign and transfer the case to the supreme court. The pre-trial motions begins after an arraignment and cross-examinations are made to determine if there is a need to proceed to trial. After the trial stage is the post-trial, which is before sentencing. It is to look at the verdict that has been made. If one is convicted, a sentence is issued depending on a variety of factors. According to the New York Courts (2014) these factors include “your background, the circumstances of the crime, and the attitude of the victim.” (n.p). After getting a sentence, there is an opportunity for appeal regarding the case.
The role of the New York City Courts is to dispense justice fairly and in an efficient manner to all residents of the State. In its 2015 Annual report, 314,815 cases of DAT arrangements were made while misdemeanor and felony were 263,562 and 47,524 respectively. Among the offenses charged, the misdemeanor offenses are the highest. The Broken Window and Zero Tolerance policing of communities increased the crime net as well as incarceration numbers. The policing systems did not significantly change the internal police culture and the legal relationship between the police, law enforcement agencies and the residents of the cities. The state criminal justice system is largely filled with people of color, for non-violent offenses. These men and women, young and elderly, are from poor socioeconomic backgrounds. Most of them are unable to defray the cost of bail or other legal fee, such as those required by lawyers. Almost 85% of case in the justice system are misdemeanor and non-violent. The time spent in jail depends on how quick their cases are handled or disposed. Research reveals economic consequences and discrimination in the system.
Findings
Racial outcomes in the criminal justice system have a long history in Washington. The first study on this discrimination was conducted in 1986 called the Crutchfield and Bridges report. The report demonstrated that race has an influence on the practice of law in Washington State especially felony cases. Accordingly, the Task Force on Race and the Criminal Justice System (2011) reports that “The evidence we gathered demonstrates that within Washington State’s criminal justice system, race and ethnicity matter in ways that are inconsistent with fairness, that do not advance legitimate public safety objectives, and that undermine public confidence.” (p. 9). The identification of race and ethnicity in the criminal justice system is in agreement with other reports on the disparate treatment of minorities by the justice department in New York City and county courts.
Policies and socioeconomic practices intensified the bias in the justice system. Policies that appear neutral are not so in practice. These policies create an environment for the disadvantaged defendant of minority background to miss opportunities of employment and social standing. A person of a particular race or ethnicity is perceived differently within the justice system. A criminal record of any offense is a barrier to one’s future prospects. Participation in society, getting a job, renting an apartment becomes difficult because of simple offenses. These offenses, when committed by Whites receive less judicial scrutiny and sentencing. The lack of education, economic opportunities and housing affects minorities in so many ways. It creates a cycle of poverty, health, and race (Travis, 2005). This cycle is maintained by criminal justice policies that prioritize prisons against rehabilitations and social welfares focused on bridging the gap and dissolving racial bias. As a vicious cycle, the inability to post a bail sends someone to jail for a minor nonviolent offense. People of color spend more time in jail during pre-trial than the time of their actual sentence. This type of justice system is inconsistent with fairness, the goal of the criminal justice system.
The perception of judges and prosecutors in the justice system of New York is one of the contributing factors of the discriminatory practices. The judges act on prosecutors’ charges and sentencing requests. This establishes a prosecutor-judge relationship as partners of the same judicial system. It is documented that minorities are more likely to receive harsher sentencing than their white counterpart. For the juvenile criminal justice system, the perception of treatment given to them by judges is usually carried into adult life even after release from jail or prison. Fairness by a jury is expected to be devoid of conscious and unconscious bias. The percentage of judges have stereotyped, profiled perceptions of minorities. Thus, judges, prosecutors’s perception of race affect the charges, sentencing of minority groups within the state.
Mandatory sentencing is more for the minorities than the white. If caught in a similar offense, the African American will most likely get a longer and discriminatory sentences. The 3 Strikes law is as a policy initiative targeted at minorities because its not the solution to crime, but an opportunity or more minorities to be sentenced (Shelden, 2008, p. 183). The third strike is aimed at a vulnerable aspect of the disadvantaged minority. Not much has changed in the criminal justice system of New York that is structured in favor of the dominant white.
Minorities are disproportionately perceived as a target group of drug use in America. The number of several African American incarcerated for drug-related offenses in the past few decades has been on the all time high. Crack cocaine was made to be more dangerous than powdered cocaine. The drug use Act of 1986 made the punishment for using or dealing in cracked cocaine more severe than powdered cocaine. According Alexander (2010), “Nothing has contributed more to the systematic mass incarceration of people of color in the United States than the War on Drugs” (p. 59). This focus on minorities and their connection with drugs has reinforced the discriminatory perception of minorities.
Flaking and asset forfeiture legislation are aspects of the police demonstration of bias in law enforcement. Flaking refers to planting of evidence to provide reasons for arrest and sentencing. The practice of flaking is understood by most minorities and causes more distrust in the criminal justice system. One of the reasons why African American does not have confidence in the criminal justice profession in New York and elsewhere is because of flaking (Shan, 2011). The seizure of properties belonging to alleged drug dealers acted as an impetus to law enforcement officers who could go extra miles to get a culprit. The Task Force (2011) notes that “Washington State allows its law enforcement agencies to retain 90% of the proceeds from all assets it recovers from drug-related activity” (p. 16). So, financial rewards took over, and became the motivation for arrests. A racial oriented law enforcement agency is incentivized to oppress minorities with the use of the law. Cases of forfeiture are difficult to defend because the suspect is probably economically disadvantaged.
Investigations of crime have been skewed when it concerns minorities. Many eyewitness accounts of black-white testimonies have incriminated blacks. This disparity further demonstrates the role that implicit bias plays in the investigation and the behavior of the law enforcement agencies. The reliance on eyewitness in most cases have ended in sentencing that are later seen as unfair. Research has suggested that approximately 75% of eyewitness testimony in conviction are misidentifications. Thus, cross-racial identification will not give a minority a fair trial. Experimentally, an eyewitness attempting to identify someone that is strange has about a 50% chance of misidentification when the person and eyewitness of another race. Interestingly, this finding is consistent with the research that most DNA analysis in the U.S. discovers whites misidentifying blacks. A justice system that is hierarchical in structure and bias will struggle with policies that denies it the privilege it enjoys. Thus, policies that appear neutral will in practice be executed with unconscious bias even when not intended. Also, many police officers have acted in fear of blacks, which is a subtle reference to racism.
Policy Recommendations
The police department should be well funded and trained on cross-cultural competencies.
There should be a systemic inclusion and sensitivity training of local juries with improved understanding of their localities and challenges. Diversity training should be part of the prosecutors’ and judges’ training.
Capacity for empathy should be recommended from prosecutors handling minority cases.
The bail statute should be reviewed taking into consideration the minorities.
Incarceration requirement should also be reviewed so that minor offenses are removed.
Conclusion
The criminal Justice System of New York is filled with practices of race and ethnic discrimination. The disadvantage group in the society is more likely to get arrested and sentenced for minor crimes. Evidence of the assembly line justice dispensation and the absence of due process has caused distrust among residents. The police or law enforcement have contributed to the racial and ethnic profiling within the justice system.
References
Alexander, M. (2010). The New Jim Crow. New York: The New Press
Shan, J. (2011). “Former NYPD Detective Stephen Anderson Says Drug Charges Often
Fabricated by ‘Flaking’ of Innocent People to Meet Arrest Quotas.” Retrieved from http://hinterlandgazette.com
Shelden, R. (2008). Constructing the Dangerous Classes. Boston: Allyn and Bacon.
Task Force on Race and the Criminal Justice System. (2011). Preliminary Report on Race and Washington’s Criminal Justice System . Retrieved fromhttp://law.seattleu.edu/centers-and-institutes/korematsu-center/reports/race-and-criminal-justice-task-force.
Travis, J. (2005). But They All Come Back: Facing the Challenges of Prison Reentry .
Washington, DC: Urban Institute Press.
