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Criminal Justice - Criminal Justice System in the

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    Study Guide Criminal Jus Ɵ ce – Criminal Jus Ɵ ce System in the U.S 1. Racial Dispari Ɵ es The United States is a multiracial and multiethnic society . The main racial and ethnic groups include White, African American, Hispanic, Asian, and Native American populations. While this diversity is one of the country’s strengths, it has also been shaped by a long history of inequality. Racism has existed in the United States since its founding. It is the belief that people of one race are inferior to people of another race. Historically, racism has mainly been directed by the white majority toward racial and ethnic minority groups. This has le d to unequal treatment in many areas of life, including housing, jobs, education, and the criminal justice system . 1. 1 What Does “Racial Disparity” Mean? A racial disparity is a difference between racial groups that may or may not be caused by discrimination. In criminal justice, experts look at two types of factors to understand why disparities exist: • Legal factors include things like the seriousness of the crime and a person’s prior criminal record . These are considered legitimate because they are directly related to a person’s actions. • Extra - legal factors include race, social class, and gender . These are not legitimate reasons for decision - making because they are based on group membership rather than individual behavior. Understanding the difference between these factors helps explain when disparities are justified and when they raise concerns about fairness. 1. 2 Types of Racial Dispari Ɵ es Racial disparities appear in different ways within the criminal justice system. One type occurs when a racial group’s percentage in the justice system is much higher than its percentage in the general population . For example, African Americans make up about 12 percent of the U.S. population , but they account for roughly:

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    Study Guide • 40 percent of all arrests • 50 percent of the prison population • 50 percent of inmates on death row Another type of disparity appears when minority groups are involved in the criminal justice system at much higher rates than whites . For instance: • Over 9 percent of African American adult males are in jail or prison, or are on probation or parole. • In comparison, less than 2 percent of white adult males are under similar supervision. There are also disparities in specific types of arrests. For example, African Americans are four times more likely than whites to be arrested for drug offenses , even though both groups use drugs at nearly the same rate. 1. 3 Why Do Racial Dispari Ɵ es Exist? Scholars explain racial disparities in criminal justice using three main explanations : 1. Differential Involvement African Americans and Hispanics are more involved in criminal activity overall. This higher involvement is closely linked to poverty, unemployment, and limited opportunities , which increase the risk of crime. 2. Individual Racism Some disparities result from the personal biases of individuals working in the justice system. This includes police officers, prosecutors, judges, defense attorneys, probation and parole officers, and parole board members. Individual racism involves prejudiced beliefs and discriminatory actions against racial and ethnic minorities. 3. Institutional Racism Racial disparities can also come from laws, policies, and practices that unfairly affect minorities, even if they are not intentionally discriminatory. This is known as institutional racism , and it occurs when rules or procedures have a disproportionate (unequal) impact on racial minority groups.

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    Study Guide 2. Is the Criminal Jus Ɵ ce System Racist? American society is becoming more divided along racial and economic lines . Many poor and minority citizens believe in what is called the discrimination thesis (DT) — the idea that the criminal justice system is racist. A Gallup poll found that nearly two - thirds of African Americans believe the system is unfairly stacked against them. Many civil rights organizations agree with this view. On the other hand, many conservatives argue that the system is not racist and treats everyone equally. This debate has led scholars to study the issue closely. Their conclusions, however, are not all the same. 2.1 The Argument That the Criminal Jus Ɵ ce System Is Not Racist One of the strongest defenders of the idea that the system is fair is criminologist William Wilbanks . In his book The Myth of a Racist Criminal Justice System (1987), Wilbanks argues that racial disparities do not prove racism. Supporters of this view make several key points: • Most criminal justice decisions are not based on race. Research shows that decisions by police, courts, and corrections are usually based on legal factors , such as: ○ How serious the crime is ○ How much evidence exists ○ The person’s prior criminal record • There is no “systematic racism” in the system. Wilbanks introduced the idea of systematic racism as a standard for judging fairness. He argues that if the system were truly racist, discrimination would appear at every stage (policing, courts, corrections) and at every decision point . After reviewing many studies, Wilbanks concludes that racism does not exist everywhere and at all times in the justice process. Because of this, he argues that the system as a whole is not racist .

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    Study Guide 2.2 The Argument That the Criminal Jus Ɵ ce System Is Racist Other scholars disagree with Wilbanks’s all - or - nothing approach. In The Color of Justice (1996), Samuel Walker, Cassia Spohn, and Miriam DeLone take a more balanced position. They argue that: “The criminal justice system is neither completely free of racial bias nor systematically biased.” Based on hundreds of studies, these scholars suggest a middle ground : • Racial and ethnic minorities are treated more harshly than whites at some stages of the justice system. • At other stages , minorities and whites are treated similarly. Importantly, they find strong evidence of discrimination in certain areas, including: • Police use of deadly force • The application of the death penalty 2.3 Drug Laws and Racial Dispari Ɵ es According to many researchers, drug policies are one of the biggest contributors to racial disparities in the justice system. A major example is federal cocaine sentencing laws . Under these laws: • Crack - cocaine offenses are punished far more severely than powder - cocaine offenses . • The guidelines treat one amount of crack as equal to 100 times that amount of powder cocaine . This is known as the 100 - to - 1 ratio . This sentencing rule has serious racial consequences: • African American users are more likely to use crack - cocaine. • White users are more likely to use powder - cocaine. As a result: • Most people charged with crack - cocaine possession are Black . • Most people charged with powder - cocaine possession are White .

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