...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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...Persuasion and Resistance: Race and the Death Penalty in America Mark Peffley Jon Hurwitz University of Kentucky University of Pittsburgh Although there exists a large and well-documented “race gap” between whites and blacks in their support for the death penalty, we know relatively little about the nature of these differences and how the races respond to various arguments against the penalty. To explore such differences, we embedded an experiment in a national survey in which respondents are randomly assigned to one of several argument conditions. We find that African Americans are more responsive to argument frames that are both racial (i.e., the death penalty is unfair because most of the people who are executed are black) and nonracial (i.e., too many innocent people are being executed) than are whites, who are highly resistant to persuasion and, in the case of the racial argument, actually become more supportive of the death penalty upon learning that it discriminates against blacks. These interracial differences in response to the framing of arguments against the death penalty can be explained, in part, by the degree to which people attribute the causes of black criminality to either dispositional or systemic forces (i.e., the racial biases of the criminal justice system). he conventional wisdom on public opinion toward the death penalty in the United States, as summarized nicely by Ellsworth and Gross, is that people “feel strongly about the death penalty, know little about...
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...Global Crimes Analysis University of Phoenix Cynthia Butler CJA/394 April 16, 2012 This paper will identify the various major global crimes and criminal issues that affect national and international criminal justice systems and processes. In addition, there will be a comparison and contrast of the different criminal justice systems and how they have addressed major global crimes and criminal issues. Global crime is an issue that threatens the safety and security of people all over the world. Global crime can be international drug smuggling operations, human trafficking, or international prostitution rings. Weapons trading are also a problem that exists all over the world. There are always concerns of rogue nations selling nuclear weapons to other nations that do not follow the guidelines of the world community. In the international community, human trafficking has become an issue that is spiraling out of control. The "International Trafficking" (2010) website cites that victims of this crime are usually trafficked both within the countries borders and inside other countries borders. Human trafficking happens in different ways, sex trafficking occurs all over the world, while Burma traffics children to be soldiers. The trafficking crimes are not contained to other countries as Florida has been known to have forced labor practices within the citrus fields. Lucas (2011) addresses the difficulties in securing weapons caches that can be...
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...Analysis of Racial Profiling In the Criminal Justice System Police officers today face many challenges. Some concerns include dangers or safety concerns related to being a police officer, questions of the use of force and the public’s perception of officers being corrupt. Additionally, with cases of deaths and accusations that have come to the forefront about police throughout the United Stated, questions about police racial profiling have also come to light. Today’s police are considered to be corrupt and prejudice against minorities. Their image has been tarnished and police are now seen as the enemy. Many compare today’s law enforcement officers to the police officers that were prejudice and brutalized blacks during the civil rights movement. If police are to change the public’s perception of them so they can get back to the business of protecting and serving, they must address issues of racial profiling, police brutality and the criminal just system must partner with the community to reduce crime rates and recidivism rates among minorities. First, racial profiling is defined as “any police action initiated on the basis of race, ethnicity, or national origin of a suspect; rather than on the behavior of the individual or on information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity (Ramirez, 2008, p.3). Originally, racial profiling was used to combat the issue of drugs and assist with...
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...many, but not necessarily all, of the dynamics of the criminal justice system apply to various racial and ethnic groups. 3. Leinfelt, F. H. (2006). Racial Influences on the Likelihood of Police Searches and Search Hits: A Longitudinal Analysis from an American Midwestern City. Police Journal, 79(3): 238–257. 4. Office of Justice Systems Analysis (1995). Disparities in Processing Felony Arrests in New York State: 1990–1992, Office of Justice Systems Analysis, New York State Division of Criminal Justice Services. 5. Sabol, W. J., and Couture, H. (2008). Prison Inmates at Midyear 2007. Washington, D.C. Bureau of Justice Statistics. 6. U.S. Census Bureau (2007). 2006 American Community Survey. Available online at: http://www.census.gov/acs/ www/index.html. 7. Sabol and Couture, op. cit. 8. U.S. Census Bureau, op. cit. 9. Bonczar, T. P. (2003). Prevalence of Imprisonment in the U.S. Population, 1974–2001. Washington, D.C.: Bureau of Justice Statistics. 10. Snyder, H. (2006). Juvenile Arrests 2004. OJJDP Bulletin: Washington, D.C.: National Disproportionate Minority Contact Databook. 11. Federal Bureau of Investigation (2007). Crime in the United States, 2006. Washington, D.C. 12. Spohn, C. (2001). Thirty Years of Sentencing Reform: The Quest for a Racially Neutral Sentencing Process. In W. Reed & L. Winterfield (Eds.), Criminal Justice 2000 (Vol. 3, pp. 566). Washington, D.C.: National Institute of Justice. 13. King, R. (2008). Disparity by Geography: The...
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...relationship for facets of social control that are protective of minorities. Specifically, we hypothesize that contemporary hate crime policing and prosecution will be less vigorous where lynching was more prevalent prior to 1930. Analyses show that levels of past lynching are associated with three outcome variables germane to hate crime policing and prosecution, but the effect of lynching is partly contingent on the presence of a minority group threat. That is, past lynching combined with a sizeable black population largely suppresses (1) police compliance with federal hate crime law, (2) police reports of hate crimes that target blacks, and in some analyses (3) the likelihood of prosecuting a hate crime case. Our findings have implications for research on law and intergroup conflict, historical continuity in the exercise of state social control, and theories that emphasize minority group threat. Steven F. Messner University at Albany-SUNY onflict theories of crime and criminal law posit that the state largely serves the interests of dominant groups in society (Quinney 1974; Turk 1969; Vold 1958) and this function can be expressed in two distinct ways. On the one hand, the legal apparatuses of the state— law and law enforcement—can be used to sub- C Direct correspondence to Ryan King, University at Albany, SUNY, 351 Arts and Sciences, 1400 Washington Avenue, Albany, NY 12222...
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...Ohio State University law professor and civil rights activist Michelle Alexander, author of "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," reports there are more African American men in prison and jail, or on probation and parole, than were slaves before the start of the Civil War. Statistics reported in 2006, by the U.S .Department of Justice, Bureau of Statistics support this claim, which show that Blacks made up 41 percent of the nation’s 2 million prison and jail inmates, while Non-Hispanic whites made up 37 percent and Hispanics made up 19 percent. The disproportionate ratio of blacks to whites who are incarcerated is especially great in Iowa, Vermont, New Jersey, Connecticut, Wisconsin, North Dakota, and South Dakota – greater than 10-to-1 (USJB, 2006). Why this structural inequality towards African Americans is happening, why it matters, and suggestions to rectify this, are issues that are discussed in this paper. Why is this happening? Since 1970, the U.S. has experienced a large and rapid increase in the rate at which people, regardless of race, are housed in federal and state correctional facilities (Snyder, 2011). This rapid growth in the prison population has been attributed in a large part to the rate at which individuals are incarcerated for drug offenses, especially minorities (Snyder, 2011). Between1995 and 2003, the number of people in state and federal prisons incarcerated for drug offenses increased by 21 percent, from 280,182 to 337...
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...Examining whether or not African Americans are targeted by police because of their race is an effective topic because African Americans experience it every day and the experience is not a new concept. The argument over racial profiling is based on two questions. Does racial profiling actually occur and if so, is it being used as a legitimate tool by law enforcement? The extent of racial profiling by the public is unknown; however, research reveals that “both race and personal experience with racial profiling are strong predictors in the attitudes toward profiling and that, among blacks, social class affects views of the prevalence and acceptability of the practice” (Weitzer and Tuch, 2002) thus furthering the need to investigate class influences on evaluations of the police. The Rodney King beating is evidence that racial profiling does exist. A 1999 Gallup Poll research study revealed that 77 percent of blacks felt that racial profiling is widespread in the United States; and 42 percent felt they were targeted by police because of their race according to Cleary (2000). The strongest...
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...critically discuss whether victims are at the heart of criminal justice (CJ) considerations for policy reform. It will consider a number of theoretical perspectives, including victimology and critically discuss how the needs of victims of crime, including the services available, are tackled through a criminal justice response and the demands of the victim movement. The essay will demonstrate the impact of politics upon policy and practice initiatives on both a national and local level. Furthermore, there will be a discussion predominately about how probation policy and practice can appropriately respond to the needs and diversity of different victim groups, whilst touching briefly on other criminal justice agencies. To allow this assignment to be focused it will also concentrate largely on issues surrounding women as victims of domestic violence and examples within Black and Minority Ethnic (BME) communities. The 1985 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power broadly defined the term ‘victims’ as: Persons who individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts…that are in violation of criminal laws operative within Member States. (cited in Goodey, 2005:10) While Goodey suggests that victims are ‘now at the heart of criminal justice considerations for policy reform’ (2004: 4), the development...
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...law-enforcement community. Most people get it confused with criminal profiling which is not the same. Racial profiling is any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being or having been, engaged in criminal activity. Criminal profiling is any police- initiated action that used the compilation of the background, physical, behavioral, and motivational characteristics for a type of perpetrator that lead the police. Now imagine driving to the store on a cold winter day, dressed in a hoodie to keep warm. You simply pull into the parking lot in hopes of getting something nice for your daughter for the holidays. Driving the posted speed limit, you pull slowly into a parking space in the back of the store. All of a sudden, a car pulls up behind you, blocking you in. You look in your rearview mirror only to find the community crime watch officer staring you down. The officer immediately treats you like a suspect, smothering you with questions concerning what you’re doing, where you’re going; yet never really had any reasoning behind the questions. The major reason to oppose racial profiling is that it simply doesn’t work. Empirical studies show that when police use race or ethnic appearance as a factor in law enforcement, their effectiveness in apprehending criminals decreases. Even worse, it has often led to “accidental”...
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...minority groups have heightened the debate about racial profiling and the legitimacy surrounding it. The practice of racial profiling by law enforcement is an attempt to identify potential criminals before they could commit serious crimes. Law enforcement officers who have used racial profiling are confident that the process helps them to detain criminals and therefore reduce crime. However, the use of racial profiling has become a debated issue across North America. The media has captured the public’s attention by identifying how law enforcement officials make the assumption that minority groups and people from ethnic backgrounds are more likely to commit crimes. This paper will reflect that the use of racial profiling by law enforcement is both wrong and ineffective in many ways. First, racial profiling is wrong because it tends to target people of color under the assumption and stereotype that they create more crime, which clearly is unconstitutional under the Charter of Rights and Freedoms. Secondly, through the Toronto Star newspaper analysis it will be obvious that the use of racial profiling in solving crimes is not effective but is damaging and harmful towards individuals under the Human Rights Code. And thirdly, it will be argued through Kingston Police traffic data and Stonechild case that the use of racial profiling is morally wrong on the note that minority groups are subjected to unfair arbitration and detention under section 9 of the Charter. ‘Profiling’ and ‘racial...
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...participate in any public or political opinions. During this time, women demanded their right to vote. The second wave of feminism developed in the 1960s where females of certain marginalized groups (working class women, blacks and prisoners) felt they weren't being treated equally and fairly like men and upper-class women. The civil rights activist fought very much for their rights during this time. However, not a lot resulted during this wave which led to the third wave of feminism evolution. The third wave developed to improve the second wave short comings. This is the new generation of feminists who know their rights and what gender equality is. Society generally favored men hence the need for social movements towards females rights to be heard. Feminism and Criminology Feminist criminology evolved during the time women were being judged on their gender rather than the type they committed. Gender inequality is basically due to men trying to control women and their sexuality. Feminists insist that sexism is the most common form of human oppression (Harrison, Wendy 2006). For many decades, different cultures have categorized women into 'either/or/ roles. In the 1960s women were categorized as either professionals or criminal. When it came to stereotypes, black women became greater victims of the color of their skin. There are those believed to have a bad temper and controlling....
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...THE EMPLOYER AND THE EX-OFFENDER: THE DISCRIMINATORY EFFECTS OF CRIMINAL BACKGROUND CHECKS TABLE OF CONTENTS I. INTRODUCTION………………………………………………………………………… 3 II. OFFENDER AND EX OFFENDER HISTORY IN THE UNITED STATES………….. 5 A. LEGAL HISTORY OF EMPLOYMENT DISCRIMINATION AGAINST EX OFFENDERS ……… 5 B. THE NUMBER OF EX OFFENDERS IS RAPIDLY INCREASING .............................................................................8 C. IMPACT OF CONVICTION ON EMPLOYABILITY OF EX OFFENDERS ................................................................. 10 III. CRIMINAL BACKGROUND CHECKS AID IN THE DISPROPORTIONATE EXCLUSION OF MINORITIES ………………………………………………………………………………… 13 A. EMPLOYERS ARE PREJUDICED UPON FINDING CRIMINAL CONVICTIONS .................................................. 13 B. BLACKS AND LATINOS ARE EXCLUDED FROM THE WORK FORCE DUE TO STIGMAS OF MINORITY STATUS AND CRIMINAL RECORD ....................................................................................................................... 15 IV. HEIGHTENED SCRUTINY TURNS ON EMPLOYER HIRING PRACTICES INFLUENCED BY CRIMINAL BACKGROUND CHECKS………………………………………………………………………………………… 18 A. THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATTEMPTS TO PROVIDE MUCH NEEDED GUIDANCE ON CONDUCTING CRIMINAL BACKGROUND CHECKS AND SUBSEQUENT HIRING PRACTICES ..................................................................................................................... 18 B. NOTABLE LEGAL ACTION STEMMING...
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...Arguments for and Against the Death Penalty from http://deathpenaltyinfo.msu.edu/ ARGUMENT 1 DETERRENCE The death penalty prevents future murders. Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty....
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...Arguments for and Against the Death Penalty from http://deathpenaltyinfo.msu.edu/ ARGUMENT 1 DETERRENCE The death penalty prevents future murders. Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use...
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