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Justice System and Ethnic Discrimination
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Literature Review
The Institute for the Advancement of the American Legal System (2022) reported that it is essential to look in depth at the equality, inclusion, and diversity of the criminal justice system and various sources of discrimination, including the policies within the criminal justice system. Additionally, the impact of the policies should be established. Moreover, Justice, through various literature and research, has been identified as an independent variable with dependent variables spanning race and ethnicity, socioeconomic status, gender, and geographic location established. This write-up focuses on the literature review of ethnicity and race as a dependent variable and its relationship with Justice. Ethnic discrimination emanates from law enforcement, release and prosecution, incarceration, and sentencing. I will also explore possible solutions to ethnic discrimination within the justice system.
Law Enforcement
NCSL (2022) states that traffic law enforcers interact the most with people, and therefore, the expression of discrimination can emanate first-hand from traffic stops. Statistically, 95 million stops have been made from twenty-one patrol agencies and 35 police departments. Additionally, the data shows that there is a greater likelihood of black drivers being stopped during daytime than after sunset as it is not easy to identify their races at night, thus causing biases in traffic law enforcement (NCSL, 2022). NCSL(2022) stated that it has been found that policymakers and the judiciary system are taking some positive steps, and they will eventually find out the social and racial disparities present in the system. The main aim is to reduce the overall ratio of injustice through policy implementations. There is always a need to justify the decisions through the increased understanding of racial and ethnic acceptance. As NCSL (2022) stated, again, after the legalization of recreational cannabis in the states of Colorado and Washington, Hispanic and black drivers were more likely to be searched than white drivers. Although things are moving towards better policies and better planning, a more significant influence on the system is still required.
Pretrial Release and Prosecution
NCSL (2022) further extended and stated that pretrial risk assessment tools have been proposed for adoption; however, the systematic biases affecting the adoption have concerned several stakeholders. Civil rights organizations have insisted that the dependence on the tools is a crux due to the disproportionate arrests based on color. Higher detentions are imposed mainly on minority populations. During the prosecution, there are differences in case dismissals, detentions, charges, and plea offers according to an individual’s ethnic alignment.
Incarceration and Sentencing
According to the report of NCSL (2022), Despite Latin and blacks making up 30% of the USA population, they significantly contribute to 51% of the prisons’ populations. The blacks are incarcerated in state prisons five times compared to the whites, and the Latinos are 1.3 times more incarcerated than the non-Latin. Additionally, the report indicated that half of the population is black in 12 state prisons. Also, In Sentencing enhancements and federal drug sentencing, there are inappropriate and discriminatory applications of the procedures. More than 92% of those sentenced for gang enhancement are blacks and Latin.
Eliminating Racial Discrimination in the Criminal Justice System
The Institute for the Advancement of the American Legal System (2022) stated that Several steps can be taken to eradicate and minimize discriminatory practices. The first is the education of the judges and attorneys, as they are the most needed people in fixing the justice system. Law schools should offer education and courses on access to Justice by minority ethnic groups. From law school, the lawyers would be well versed in barriers and burdens faced by their clients. Also, courses on inclusivity, diversity, and equity are prudent. The diversity so common in the criminal justice system and eradicating all racial differentiation is required. Most of the criminal system in the era is grasping racial categorization; the classification can create overall stress on society, and the working system cannot perform effectively. There is always a need to work to improve the justice system so that Justice and decisions can be made on a factual basis.
The Institute for the Advancement of the American Legal System (2022) suggests that the executive and the legislative branches of government should also be educated on the judiciary’s work and the possible challenges. Davis (2022) stated in another research that as the executive and legislature are crucial in policy implementations, they should, therefore, focus on policies that will eliminate the challenges faced by the judiciary, such as the increase of budget and resource allocation. Beyond the justice system, community-based solutions are also prudent. For example, in Alaska, the state courts partner with civil societies and NGOs to provide solutions before issues are taken before the courts.
Sentencing
Savolainen (2023) stated that social and racial injustice is so ordinary in the sentencing and judiciary system of the US. The criminal justice outcomes reveal that racial disparities are so common, and this thing is leading to unequal treatment in society. According to this research paper, there is an ultimate need to justify the sentencing process without making the differentiation. The theoretical framework has been designed based on the previous literature study. Systematic reviews have been done to find out the actual results. They have considered all the recent literature to find out the actual unequal treatment in sentencing justice, and the observations have predicted that this injustice is genuine. Injustice can be found in the treatment, such as prioritizing one person over another. The lifestyle in the prison can also create ample defense. The people coming after doing the same offense are being treated differently, and these discriminations are not tolerated, especially in Justice. The conclusion of the research paper discusses the fact that injustice in the justice system is not recommended, and in sentencing, unequal treatment is present in various communities, but it should be eradicated. The criminal justice outcomes would get better (Savolainen, 2023).
Light (2021) has investigated the US federal system regarding racial classification in criminal sentencing. According to this research, racial classifications in sentencing were so common in the past, but in the last few decades, the trends have changed, and the systems are getting better. It is detailed research in which statistics from the recent past are explained. Light (2021) describes that first, there was a difference of 3 years in the sentencing system of white and black defendants and subjecting this difference to the federal courts. According to Light (2021), the 2018 statistics show that this difference was 6 months, and then the gap between white and black defendants was 46 months, and then ultimately, it led to zero. So, this is the best research in which the sentencing system is diminishing the gaps based on the different races and ethnicities, which is a perfect stance. The study findings are based on three distinct features, and all three present that racial classifications should be minimized. Positive outcomes have been seen among black and white people when the gaps between sentencing inequalities have decreased (Light, 2021).
Gertner (2022) mentions that the Federal Sentencing Commission has investigated the inequality in the sentencing system, and it was reported long ago. According to this research, a new commission for sentencing in the federal courts has been formed. The main aim of this commission was to rule out the actual discrimination present in criminal Justice for black and white people. Black and white people can face injustice, which is why the deformities in the overall justice system can be seen. Systematic research has represented the stance of inequality, and the commission proves that the discrimination was presented and must be demolished. The findings of the research show that the disparity in treatment is a big question mark on the federal system and federal which is why the amendments are making their way. The amendments would lead to the actual success of the justice system (Gertner, 2022).
Discrimination
Ranti Nurmaily (2021) has stated that the judicial system and the court system are the prevalence of significant discrimination and racial profiling. The police play an essential role in bringing this racial system into being. Black and white people are discriminated against even though the justice criteria are different for these races. These things are unacceptable for the common public as they suffer much stress and inequality in treating justice. The typical library research has been done with qualitative analysis. The quantitative analysis provides an in-depth review of the topic. It has been studied in a way that a film was designed later on. Ranti & Nurmaily (2021) stated that the American law system and discrimination are on the threshold of demoralizing the whole system, which is working for Justice with the racial classifications. Discrimination is something when one defendant is prioritized over the other one. The police service plays the most critical role in the racial discrimination. The findings of this research paper suggest that racial discrimination is creating an unequal environment for the ordinary person. It is leading to stress, and the media is biased in this aspect.
Representation
Jackson and Henderson (2019) have explained how the criminal justice system and its inequality are taking the lives of minorities. The racial classification and the discrimination based on these classifications are the worst ones. All of these classifications are bringing so much destruction to the social justice system of the communities. Equality of treatment is the ultimate need of the communities. The study in which assistance from the past literature has been taken to determine the actual happening in the justice system. The multiple regression analysis was conducted, and the student’s perception of the social justice system explained the study’s findings. The findings of this study indicate that white people are more sensitive towards treatment, and their loud voices are being considered, but black people face real discrimination. The study has presented the future direction that discrimination based on racial profile must be limited, and Justice should be provided based on crime without realizing the gender and race of the criminal. This is the only reliable way in which the inequality from this biased system can be removed effectively (Jackson & Henderson, 2019).
Tadros (2023) stated that the American culture is vast, but racial discrimination is so expressive in this criminal justice system. Especially when there is talk about the Justice and criminal judiciary system, there is always a racial classification that is being seen most significantly. This discrimination not only impacts the justice system but also causes many of the wrong decisions to be made under this classification. This study was conducted under some discrimination against African American adolescents. They are one of the most sensitive and vulnerable populations. The unjust treatment impacts their mental well-being and their social life. The findings of this research indicate that social life and the liberty of living must be granted to everyone without racial classification. The racial classification cannot allow black and white people to make harmony, so this is the reason that things can get worse in the criminal justice system. The legislative laws should be the same for everyone. These discriminations can change or destroy the perspective of living. Adolescent communities can become even more vulnerable to the wrong practice of Justice (Tadros, 2023).
Dependent and Independent Variables
The independent variables for this study are X1 and X2, which are the Race or Ethnicity of an accused and the Gender of the accused person, respectively. Considering the history of judgments in the United States courts, several verdicts seem to be influenced by the race or ethnicity of a person who is accused of a specific crime while showing no differences in some other set of crimes. Cassidy & Rydberg (2020) describe that racial variations among accused did not have much difference for crimes like robbery, sexual assault, and murder. However, Blacks were more likely to receive a slightly longer jail term for drug and property-related crimes (Cassidy & Rydberg, 2020). Apart from race, gender also influences court verdicts for crimes. According to Holland & Prohaska (2021), women only consist of about 7% of the overall population locked inside the prison and comprise less than 27% of the total number of arrests in the United States. In addition, Holland & Prohaska (2021) also state that both variables, which are the race and gender of the accused, often act combinedly while sentencing an accused because the 2015 Bureau of Justice Statistics suggests that about 63% of women under state and federal correctional control and 50% of incarcerated women are non-White.
The dependent variables, which are Y1 and Y2, represent the conviction rates and jail terms, respectively, of the potential perpetrators of the crimes in different categories. Franklin & Henry (2020) mention that stereotypes about different races affect a court’s judgment on sentencing an accused for criminal activity. Judges often consider the crime history of the accused and correlate the same with the crime data that mentions the race of most criminals sentenced and imprisoned for the same crime. In addition, according to Shields & Cochran (2020) explain that gender plays a prominent role in differentiating the intensity of sexual assaults when the perpetrator is a man versus when it is a woman. Sexual crimes committed by women on young boys usually award them less punishment than sexual crimes that men commit on girls or boys (Shields & Cochran, 2020). Apart from the racial and gender-based identities of accused people, the race of a judge also influences the decisions of courts. It has been observed that judges who belong to White ethnicity are more likely to convict a white male with slightly lesser punishment than a black male, and the same trend follows for women perpetrators in cases of non-heinous crimes like drug activities (Boldt, Boyd, Carlos, & Baker, 2021). However, judges from the African American communities have been observed to have delivered more fair and equal judgements to perpetrators from any race for men while being slightly lenient for women (Boldt et al., 2021). Considering judges’ gender, female judges from all races tend to deliver almost equal sentences to everyone without showing special leniency for female accused individuals (Boldt et al., 2021).
Policies
Rucker and Richeson (2021) have stated that racial inequality is present in all criminal justice systems. The policies and the trends of their implementation depict how this injustice can lead to depravities in the communities. This practice is prevalent in the American community. Racial discrimination justice is being granted to the people, which can cause so much harm and so much reduction in the meaningful justice-granting schemes. The structural factors must be arranged so that the discrimination must be minimized to the maximum extent. The findings show that these policies of injustice are leading to disparities in fundamental human rights toward minorities (Rucker & Richeson, 2021).
Socioeconomic Status Disparities
Brunson and Stewart (2021) have stated that in the US criminal justice system, race, ethnicity, and social classification are very common. The prevalence of these discriminations is also present in the policies, which is causing the ultimate trouble in the new system as in this era, everyone is aware of fundamental human rights. These human rights can only be preserved if the system works effectively towards equal criminal justice criteria. The systematic research presents that industrialized nations and countries seek justice through equal treatment and solid policies. All of these policies must be made without any discrimination. Offending minorities and victimizing their justice rights is not a recommendable thing in sentencing justice. The research concludes by providing practical ways to spread equal justice for everyone (Brunson & Stewart, 2021).
Unequal treatment
Jackson et al. (2021) explained that women in America get more lenient treatment in criminal justice. The gender-based discrimination is so real, and this is growing by the day. Women can be prioritized, but the racial classification is only tolerable at some points. The right to live and the right to legislation are the same and equal for everyone in the community. Thus, the findings show that the injustice in the US policies leads to terrorist acts, and if the discrimination is so prevalent. The criminal justice system will face a more significant decline fall. Such pitfalls are not easy to handle, and they can lead to ultimate destruction (Jackson et al., 2021).
Gender-based discrimination
Gebru (2020) stated that gender-based discrimination is present in the criminal justice system of America. Gender-based discrimination and discrimination are also familiar. This book provides all the relevant details about the United States’ systematic order and justice policies. According to the research, modifications in the justice system and judiciary policies are required to take systematic measures and decrease discrimination in society. Gender and racial classifications are unnecessary in any judiciary or federal system (Gebru, 2020).
Conclusion
To sum up, the literature review has provided insight into a critical issue relevant to the current American criminal justice system: race and ethnic discrimination. The literature has covered several aspects related to this issue in detail, focusing on the topics of law enforcement practices, pretrial release, prosecution, incarceration, sentencing, and probation and bail of individuals. The work has also enabled us to address the existing knowledge gaps concerning the outcomes of the discrimination practices and the extent to which ways could be implemented to prevent these practices’ escalation. This issue appears to be particularly critical to be resolved due to the negative impact discrimination practices have on the people involved and the further misuse of the criminal justice system. Some ways to prevent discrimination in sentencing have been developed and implemented, and their results revealed certain successes. However, the measures are not sufficient to ensure the phenomenon’s complete eradication, as racism has been common within American society for a considerable period and has become an integral part of it. Thus, not only systematic changes in provisions but comprehensive measures should be implemented to address the issue, including educating judges, attorneys, and policymakers and promoting community-based programs focusing on alternatives to law. Overall, inequality must be eliminated, and with resultant efforts from government agencies, legal agents, and NGOs in a collaborative context, reforms will be affected.
References
Davis, M. (2022, June 17). Focusing on Racial Equity in The Justice System. Safety and Justice Challenge. https://safetyandjusticechallenge.org/blog/focusing-on-racial-equity-in-the-justice-system/.
NCSL. (2022, May 24). Racial and Ethnic Disparities in the Criminal Justice System. Www.ncsl.org; National Conference of State Legislatures. https://www.ncsl.org/civil-and-criminal-justice/racial-and-ethnic-disparities-in-the-criminal-justice-system.
The Institute for the Advancement of the American Legal System. (2022). Identifying barriers to equity in the justice system. https://iaals.du.edu/sites/default/files/documents/publications/paths_to_justice_barriers_equity_paper.pdf.
Boldt, E. D., Boyd, C. L., Carlos, R. F., & Baker, M. E. (2021). The effects of judge race and sex on pretrial detention decisions. Justice System Journal, 42(3-4), 341-358.
Brunson, R. K., & Stewart, E. A. (2021). In search of a Critical Mass: Do Black Lives Matter in criminology and criminal justice programs? Race and Justice, 11(3), 255-259. https://doi.org/10.1177/21533687211015950.
Cassidy, M., & Rydberg, J. (2020). Does sentence type and length matter? Interactions of age, race, ethnicity, and gender on jail and prison sentences. Criminal Justice and Behavior, 47(1), 61-79.
Franklin, T. W., & Henry, T. K. S. (2020). Racial disparities in federal sentencing outcomes: Clarifying the role of criminal history. Crime & Delinquency, 66(1), 3-32.
Gebru, T. (2020). Race and gender. The Oxford Handbook of Ethics of AI, 251-269. https://doi.org/10.1093/oxfordhb/9780190067397.013.16.
Gertner, J. N. (2022). Note to the new sentencing commission. Federal Sentencing Reporter, 35(1), 6-8. https://doi.org/10.1525/fsr.2022.35.1.6.
Jackson, R. D., & Henderson, H. (2019). Criminal justice students’ perceptions and awareness of racism and discrimination. Race and Justice, 12(2), 252-275. https://doi.org/10.1177/2153368719873024.
Jackson, S. M., Ratcliff, K., & Gruenewald, J. (2021). Gender and criminal justice responses to terrorism in the United States. Crime & Delinquency, 69(5), 1044-1070. https://doi.org/10.1177/00111287211047535.
Light, M. T. (2021). The declining significance of race in criminal sentencing: Evidence from US federal courts. Social Forces, 100(3), 1110-1141. https://doi.org/10.1093/sf/soab018.
Ranti, D. V., & Nurmaily, E. (2021). Racial profiling in police stop and search practices is portrayed in George Tillman’s movie The Hate U Give. Linguistics and Literature Journal, 2(2), 93-97. https://doi.org/10.33365/llj.v2i2.1001.
Rucker, J. M., & Richeson, J. A. (2021). Beliefs about the interpersonal vs. structural nature of racism and responses to racial inequality. The Routledge International Handbook of Discrimination, Prejudice and Stereotyping, 13-25. https://doi.org/10.4324/9780429274558-2.
Shields, R. T., & Cochran, J. C. (2020). The gender gap in sex offender punishment. Journal of Quantitative Criminology, 36(1), 95-118.
Tadros, E. (2023). Racism and incarcerated African American adolescents. Juvenile and Family Court Journal, 74(2), 35-41. https://doi.org/10.1111/jfcj.12237.
Unequal treatment under the flaw: Race, crime & retractions. (2023). Current Psychology. https://doi.org/10.1007/s12144-023-04739-2.
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