Memo
To : Head of Public Relations, Amnesty International
From : Student’s Name, Human Rights Activist
Date : 7 th December 2020.
Subject : Racial Disparities in the Criminal Justice System
The criminal justice system in the United States demonstrates overwhelming evidence on condoning racial disparities among individuals that visit the facilities aimed at acquiring fair treatment among individuals that seek for their services. Amnesty International has acquired recognition across the globe as a human rights organization determined to fight for equal privileges among all members of society (Cattaruzza, 2020) . The issue of racial disparity is among the social concerns that your organization addresses and thus the memo aims at enhancing your operation by calling your attention into the criminal justice system. As a human rights activist, I am positive that the issues laid down in this memo will trigger your response into joining the campaign to speak against racial disparities in the criminal justice system in the United States. The memo will bring into your attention the causes of racial disparities, manifestation in the courts of law, and recommend some strategies that can help in minimizing the existence of racial disparities in the American society.
The United States has a long history with racial disparities with scholars accusing the government to have structures in place that result in differential treatment among the minorities in the country. The racial disparities led to discrimination against the minority groups in other phases of life including employment opportunities, home ownership, education, and provision of other public services. Additionally, the United States demonstrates a growing concern for state sponsored killings against the Blacks, which in most cases are innocent. Black Lives Matter campaigns emerged in 2020 after the death of George Floyd who was killed even after he begged the officers to let him go (Ellis, 2020) . Such incidents demonstrates the rot in the American criminal justice system. Addressing issue requires the American society acknowledge that indeed the criminal justice system condones some disparities on the basis of racial affiliation. Furthermore, it is essential to promote some systematic changes in the American criminal justice aimed at facilitating some changes.
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Causes of Racial Disparities
Racial disparities in the criminal justice system occurs at different levels and understanding the causing factors at their foundation is essential in enabling different stakeholders address the issues from their origin. Firstly, the leading cause of discrimination in the criminal justice system argue that the crime rate is higher among the minority groups compared to the Whites. However, it is difficult to rely on the data suggesting the minorities are more likely to commit crimes compared to any other racial group. For instance, the FBI does not keep records of individuals that committed crimes and not arrested. Using the arrests to determine the crime rate indicates reliance on police activities to determine the racial group with the highest rate of crimes. However, the police are likely to arrest a Black American or a Latino for a petty crime and spare a White individual who commits similar offense (Balko, 2020) . Subsequently, even though the FBI database suggests that the minorities commit more crimes compared to the Whites, the data is biased given that the arrests are not fair among all races. Consequently, the claims that minority groups within the country are more susceptible to committing crimes is unsubstantiated and lacks supporting evidence given that the same people are likely to be arrested for some crimes that the Whites cannot get arrested.
Legislative decisions also play a significant role in promoting racial disparities with the criminal justice system through the enactment of laws that have disproportionate impact on minority groups. The country demonstrates a disparity in emphasizing incarceration among minority groups and rehabilitative measures among the Whites. Over the last few decades, the country demonstrated its interest in avoiding incarceration for some petty crimes among the Americans. On the contrast, even though the country cut its budget allocation towards incarceration, the number of prisons in neighborhoods with large numbers of minorities is growing. The government allowed private investors to establish jails to accommodate the growing demand for the services. The trend demonstrates the disparities between the Blacks and Whites in the country as they access justice within the system (Rocque, 2011) . The growing rate of incarceration in the country and among the minority groups lack scientific findings that demonstrates its effectiveness in controlling the rate of crime among the Blacks. Furthermore, the budget cuts on prison influenced the training and rehabilitation activities that takes place there to positively influence the inmates. Subsequently, the individuals struggle after their release to integrate with other members of society and they are likely to find themselves back in the prisons. Emphasizes to use incarceration as a punishment measure against the Blacks and other minority groups is simply a punishment to the offenders and unjust because criminals with similar offences are not subject to this mode of punishment as it deteriorates the health of the victim without necessarily serving as a corrective measure (Weidner & Schultz, 2019) . The United States should therefore reconsider its legislative decisions it at all it intends to end the racial disparities experienced in its criminal justice system.
The tolerance of racism in the American society play an essential role in promoting similar habits within the criminal justice system. Racism influences individuals within the country to have stereotypical beliefs towards other individuals living in the country based on their racial affiliation. For instance, it is more likely that a judge will have a biased perception towards the Blacks even before listening to the evidence presented against the individual. Subsequently, the assumption that the victim is already guilty of the offense leveled against them increases the likelihood that the judge will subject the individual to a more severe punishment (Clair & Winter, 2016) . Accordingly, it is essential that the federal government and other policy makers demonstrate their determination to eliminate racial bias in the country aimed at enhancing the well-being of the Blacks when they face the legal systems to access justice.
Manifestation of racial disparities
Racial disparities manifest in multiple ways within the criminal justice system in the United States at the disadvantage of the minority groups. Firstly, the minority groups are more likely to plead guilty in a court of law regardless whether one is guilty of the crimes leveled against them or not (Berdejó, 2018) . Individuals plead guilty for multiple reasons and that demonstrates the negative impact of racial discrimination on the minority groups. For instance, lack of a defense counsel can be an attributing factor that make individuals plead guilty and avoid going through trial. The American constitution allow individuals a right of a defending counsel when accused in a court of law and likely to face an incarceration sentence. The law demands that an individual should access the counsel despite whether one has the financial ability to hire one or not. Accordingly, the federal government some defending counsels that provide their services for free among the affected individuals without incurring any charges. The problem is that the defense counsels are few and do not meet the demand of individuals that need their services. Subsequently, one defendant counsel ends up representing several individuals, which increases the risk of the victim being found guilty of crimes committed. The defending counsels lacks time to investigate on the cases and thus they do not establish the weak links of the cases against their clients. Subsequently, the judges are more likely to find the victim guilty of the crime and settle on a harsh crime. Therefore, victims belonging to the minority groups ends up pleading guilty for crimes they have not committee aimed at getting a more lenient sentence as compared to when the individual would choose to grow through the entire trial process.
The pre-trial period differs between the victims from the minority groups and the Whites which demonstrates the existing disparities on the basis of racial affiliations. For instance, after plea taking and the suspect resolves to undergo through the trial process, the defense counsel requests the court to release the victim on a bail. The practice is common and relies on the principle of innocent until proven guilty in a court of law (Arnold et al., 2018) . However, it is unlikely for a suspect belonging to the minority groups access the right of bail unlike the Whites. Consequently, majority of the suspects belonging to the minority groups ends up locked in jails and incarcerated from their social lives even when the courts have not proved their innocence. Alternatively, when the judge considers to release a suspect on bail terms, a high amount is requested which cannot be achieved on the basis of the socioeconomic status among the minority groups. The minority groups are economically deprived because they work on a minimum wage rate due to them being unskilled. Therefore, they are unlikely to have the capability to pay for the exorbitant amounts requested by the judges for their release (Donnelly & Macdonald, 2018) . It would considerable if the federal government came up with policies that assess the socioeconomic stability of an individual before determining the amount of bail to pay in the court of laws. Subsequently, denying suspects the bail or setting amounts they cannot raise subjects them to a punishment even before proving them as innocent or guilty.
Another factor that manifests racial disparities in the American criminal justice system refers to the differences in the sentences that suspects are likely to face based on one’s racial affiliation. Suspects belonging to the minority groups are more likely to face more severe sentences compared to Whites that committed similar crimes (American Civil Liberties Union, 2014) . Furthermore, it is likely that youths belonging to minority groups are more likely to face life sentences without the possibility of a parole. Consequently, such sentences denies the youths and the Black communities a chance to pursue their life goals. The judges’ base their sentences on assumptions that Black youths are more dangerous compared to the Whites. Furthermore, the juvenile courts have more of Black kids compared to the Whites. Moreover, in several instances, children belonging to the minority groups have faced charges as adults in the country would face (Mackenzie, 2001) . Such practices denies the youths hope to reach their goals by subjecting them to a system that is unlikely to improve their lives in any given way. Accordingly, it is essential that the government considers improving the livelihood of its people regardless of their racial affiliation by using the criminal justice system fairly among all people regardless of their racial affiliation.
S trategies of reducing racial disparities
The section above demonstrates ways in which racial disparities manifests itself within the American Criminal Justice Systems. The provision of the above information demonstrates the need identify that indeed racial disparities exist within the American criminal justice system as a way of identifying a suitable way to deal with such calamities. Having shown some evidence that indeed racial disparities within the criminal justice system denies fair treatment among the Whites makes it essential to address the arising issues from the case. Subsequently, it becomes vital to identify some useful strategies that would help in eliminating the existing injustices within the criminal justice system in the United States. Below are some effective strategies that would prove useful in addressing racial disparities among the minority groups.
Racial disparities within the American criminal justice system will be minimized by establishing new policing laws since that creates the beginning of the brutality against the Blacks and other minority groups. Evidently, the police are more tolerant to the Whites compared to the Blacks after suspects in both groups commit similar crimes. Subsequently, it is essential that the federal government should consider other policing strategies that will reduce the brutality of police against the minority groups (Kovera, 2019) . For instance, it is essential to come up with strategies that will help as alternatives against police arrests. Such measures can be useful in helping suspects within the minority group at the risk of arrest even though they are undeserving to such kind of treatment. The government can facilitate such measures by ensuring that it has guided its citizens into solving petty issues within their local communities. Problem-solving skills among members of society will reduce the chances of them being susceptible to reckless arrests by the police. Nevertheless, such a strategy requires that members of a society are informed on ways they should in dealing with problems that affects their well-being. The strategy is more likely to be effective in neighborhoods that have a large population of the minorities.
The federal government should also be on the forefront in advocating for all Americans regardless of racial affiliation accessing equal access to justice. Earlier, the memo states that even though the American constitution allows all suspects facing the risk of incarceration have the right of representation by a defendant counsel. However, it is evident that individuals belonging to the minority groups are unlikely to access a defendant counsel and ends up going to trial without representation. Lack of legal representation increases the chances that an individual will provide information that can lead to jailing even though the person deserves to be set free. The federal government has the responsibility of ensuring that all the provisions in the constitution are met. The measure is achieved by ensuring that the government hires more public defendant counsels to meet the ratio of individuals facing trial in American jails. Alternatively, the government should provide other options such as the presence of community-based sentencing that does not require an individual to face a jury (Maurer, 2010) . Such a measure will be effective in providing the country with racial stability on a long-term even though they will come up with additional costs for the government. The community-based sentencing will reduce the likelihood of a suspect to require legal representation in a court of law. Additionally, it will be easier for the community leaders to determine whether an individual is innocent or guilty by inquiring his or her conduct to the readily available members of a community.
The policymakers in the country should also consider altering the focus on drug policies and instead focus on a model that would enhance the capability for the individuals to access legal representation. Mauer (2011) suggests that the government has overemphasized on the drug policy that ends up having more of the Black minorities arrested and presented in courts of law for prosecution. Nevertheless, this should not be the case because even after preferring incarceration for the offenders, they do not access rehabilitation services while in jail which increases the chances that they will commit similar mistakes after leaving the prisons. Subsequently, the government should consider investing in rehabilitation centers that will accommodate the victims and help them overcome their urge to use drugs or engage in the trade. Furthermore, studies establish that individuals that engage in drug trafficking results into this activity due to their inability to overcome their addiction to drug abuse (Maurer, 2010). Consequently, the government should emphasize on addressing the issue compared to punishing people and still others to get themselves into the same challenges.
Finally, engaging in community programs aimed at creating awareness against racial discrimination will play an essential role in minimizing the likelihood that an individual will be assumed to be guilty of a crime based on racial affiliation. The government should consider encouraging its citizens to embrace each other and live as equals since the measure will help to facilitate justice across all levels in a society (Noguera, 2017). For instance, the judges will be influenced to avoid the stereotypical judgment that leads them to impose heavy sentences on the minority groups. Similarly, the police officers will seize arresting the minority citizens for crimes that they cannot arrest the Whites for. Consequently, the world will be more just and the people will be able to coexist with each other peacefully without putting the lives of the minority at the risk of racial disparities.
Call to Action
Evidently, the criminal justice system in the United States features racial disparities that disadvantage the minority groups. The laws are exercised discriminatory and more severely towards the Whites. The criminal justice system seems to target the minorities and punish them for their racial affiliation compared to allowing them exercise their rights and responsibilities as American citizens. It is essential that Amnesty International gives its voice on the rise of racial disparities among members of society and ensure that people access equal rights when arrested and made to face the jury. It is essential that the arrests are not done selectively and for fair sentencing for all offenders regardless of their racial affiliation. The involvement of your organization in this course is likely to be more fruitful as has been evident in other courses you partake.
Looking forward for your engagement or further consultations regarding the issue addressed above.
References
American Civil Liberties Union. (2014). Written Submission of the American Civil Liberties Union on Racial Disparities in Sentencing Hearing on Reports of Racism in the Justice System of the United States . https://www.aclu.org/sites/default/files/assets/141027_iachr_racial_disparities_aclu_submission_0.pdf
Arnold, D., Dobbie, W., & Yang, C. S. (2018). Racial Bias in Bail Decisions*. The Quarterly Journal of Economics , 133 (4), 1885–1932. https://doi.org/10.1093/qje/qjy012
Balko, R. B. (2020, June 10). There’s overwhelming evidence that the criminal justice system is racist. Here’s the proof. Washington Post. https://www.washingtonpost.com/graphics/2020/opinions/systemic-racism-police-evidence-criminal-justice-system/
Berdejó, C. (2018). Issue 4 Article 2 Criminalizing Race: Racial Disparities in Plea-Bargaining, 59 B.C. L. Rev , 59 . https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3659&context=bclr
Cattaruzza, E. (2020, March 29). Amnesty International- An Analysis of the Communication Strategy (1) (2) . ResearchGate; unknown. https://www.researchgate.net/publication/340265165_Amnesty_International-_An_Analysis_of_the_Communication_Strategy_1_2
Clair, M., & Winter, A. S. (2016). How judges think about racial disparities: situational decision-making in the criminal justice system*. Criminology , 54 (2), 332–359. https://doi.org/10.1111/1745-9125.12106
Donnelly, E., & Macdonald, J. (2018). Pretrial Detention on Racial Disparities in Incarceration, 108. J. Crim. L. & Criminology , 775 . https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7641&context=jclc
Ellis, N. T. (2020). Activists see progress after George Floyd’s death but say more must be done . USA TODAY. https://www.usatoday.com/story/news/2020/08/23/black-lives-matter-reforms-stalled-3-months-after-george-floyds-death/3337330001/
Kovera, M. B. (2019). Racial Disparities in the Criminal Justice System: Prevalence, Causes, and a Search for Solutions. Journal of Social Issues , 75 (4), 1139–1164. https://doi.org/10.1111/josi.12355
Mackenzie, D. L. (2001). Corrections and Sentencing in the 21st Century: Evidence-Based Corrections and Sentencing. The Prison Journal , 81 (3), 299–312. https://doi.org/10.1177/0032885501081003001
Mauer, M. (2011). Addressing Racial Disparities in Incarceration. The Prison Journal , 91 (3_suppl), 87S-101S. https://doi.org/10.1177/0032885511415227
Maurer, M. (2010). Justice for All? Challenging Racial Disparities in the Criminal Justice System . Www.Americanbar.org. https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/human_rights_vol37_2010/fall2010/justice_for_all_challenging_racial_disparities_criminal_justice_system/
Noguera, P. A. (2017). Introduction to “Racial Inequality and Education: Patterns and Prospects for the Future.” Educational Forum , 81 (2), 129–135. https://doi.org/10.1080/00131725.2017.1280753
Rocque, M. (2011). Racial Disparities in the Criminal Justice System and Perceptions of Legitimacy. Race and Justice , 1 (3), 292–315. https://doi.org/10.1177/2153368711409758
Weidner, R. R., & Schultz, J. (2019). Examining the relationship between U.S. incarceration rates and population health at the county level. SSM - Population Health , 9 , 100466. https://doi.org/10.1016/j.ssmph.2019.100466
