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What Should Be Done About the Racial Disparities in the Sentencing of Criminals?

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Submitted By desiree
Words 1362
Pages 6
Desiree’ Smith
World Literature, Heffernan
Research Outline
April 13, 2012
What should be done about racial disparities in the sentencing of criminals? I. Thesis Statement: Racial disparities in the sentencing of criminals is a problem in contemporary society and it must be solved II. Topic Sentence HB: It is necessary to examine the history and background of racial disparities in the sentencing of criminals before considering possible solutions. A. In 1964 Congress passed the Civil Rights Act prohibiting discrimination in employment. Yet today, three out of every ten African American males born in the United States will serve time in prison, a status that renders their prospects for legitimate employment bleak and often bars them from obtaining professional licenses. In 1965 Congress passed the Voting Rights Act. Yet today, 31 percent of all black men in Alabama and Florida are permanently disenfranchised as a result of felony convictions. Nationally, 1.4 million black men have lost the right to vote under these laws. Congress also passed the Immigration and Nationality Act, which sought to eliminate the vestiges of racial discrimination in the nation's immigration laws. Yet today, Hispanic and Asian Americans are routinely and sometimes explicitly singled out for immigration enforcement. In 1968 Congress passed the Fair Housing Act. Yet today, the current housing for approximately 2 million Americans – two-thirds of them African American or Hispanic – is a prison or jail cell. (http://www.civilrights.org/publications/justice-on-trial/) B. Rather than reducing unfair racial disparities in federal sentencing, the evidence shows that the guidelines made the problem worse. Just before Thanksgiving, the Sentencing Commission released a report assessing whether the federal sentencing system has achieved the goals of the 1984 reforms. It confirmed what many observers have long known: In the past 20 years, the federal prison population has gotten significantly darker. The report also shows that while the average federal prison sentence for black offenders was about five months longer than for whites in 1984, by 2001, the average sentence for blacks was almost 30 months longer. The report should serve as a catalyst for major discussion about the racial impact of federal sentencing policy, though, to date, it has received scant attention. Of course, data showing vast racial disparities do not necessarily prove that the federal sentencing system discriminates. (http://sentencing.typepad.com/sentencing_law_and_policy/2004/12/racial_disparit.htht) C. Young, black and Latino males (especially if unemployed) are subject to particularly harsh sentencing compared to other offender populations; Black and Latino defendants are disadvantaged compared to whites with regard to legal-process related factors such as the “trial penalty,” sentence reductions for substantial assistance, criminal history, pretrial detention, and type of attorney; Black defendants convicted of harming white victims suffer harsher penalties than blacks who commit crimes against other blacks or white defendants who harm whites; Black and Latino defendants tend to be sentenced more severely than comparably situated white defendants for less serious crimes, especially drug and property crimes. (http://www.prisonpolicy.org/scans/sp/disparity.pdf) III. CS: The current situation of racial disparities in the sentencing of criminals indicates a problem that still exists. A. In 2009 the incarceration for African American males in state and federal prisons was 6.7 times the rate for white. The incarceration rate Hispanic American males was 2.6 times greater than whites. There were also disparities in the incarceration of white and African American females, but not as great as for males. Also 52 percent of African Americans opposed the death penalty for persons convicted murder, compared with 27 percent of whites. More African Americans expressed fear of “getting mugged” than whites. (The Color of Justice, Book, 2011) B. A 2010 Arizona law directing local police to check the immigration status of anyone they suspected to be undocumented created a national controversy and several lawsuits challenging the law. Critics charged that it would inevitably lead to ethnic profiling against Hispanic and Latino people. C. Racial profiling-the allegation that police officers stop African American drivers or pedestrians because of the color of their skin and not because of actual violations of laws-continues to be a national controversy. The issue was highlighted in 2009 when Cambridge, Massachusetts, police arrested Harvard Professor Henry Louis Gates for disturbing the peace at his home. IV. P/F: If nothing different is done about the racial disparities and the sentencing of criminals, the problem will get worse in the future. A. It seems as nothing is going to be done to stop the racial disparities and the sentencing of criminals because it’s still happening every day. Anywhere you go I guarantee you’ll see at least one minority being stopped by an officer for absolutely no reason. Don’t get me wrong, no they’re all not innocent but there are some out there who constantly gets harassed by an officer for being “colored”. B. There needs to be something done about this, it has been going on for way too long now. There should be equal punishment for all races. Every attorney in office should go through sensitivity training and establish and closely monitor standards for equality. V. I: There are many issues to consider about racial disparities in the sentencing of criminals. A. For instance the shooting of Trayvon Martin by George Zimmerman that took place on February 26, 2012, in Sanford, Florida. Trayvon Martin was a 17-year-old African American male who was unarmed; George Zimmerman is a 28-year-old biracial Hispanic male who at the time of the shooting was the community watch coordinator for the gated community where the shooting took place. Zimmerman claimed Trayvon appearance, actions and presence looked suspicious and he was protecting himself so he shot Trayvon. B. Another case similar to Martin’s, In Atlanta, 17 year old Canard Arnold, was shot in the back by a white security guard. Police officers and the guard claimed the shooting as being justified after the teenager and another resident living in his apartment complex was caught in a gunfire match. Arnold’s family said that he was shot after having an altercation with another man and never confronting the security guard. Fulton District Attorney said the guard shot because he believed he was being shot at. C. These two cases proved a point about racial disparities and the sentencing of criminals. There are several different types of racial disparities but a major one is race. It shouldn’t matter the color of your skin, everyone deserves to be treated equally and not be blamed for things they didn’t do. VI. S: There are many sides and opinions about racial disparities in the sentencing of criminals. A. “People of color should make better choices and pull themselves up by the bootstraps” (Wieland, Lucy. “Minnesota's racial disparities: A judge's view”. StarTribune. 17 Apr. 2011. Web. 18 Apr. 2012. <http://www.startribune.com/>) B. “Unwarranted racially disparate outcomes in the criminal justice system is a nationwide problem. In my opinion, it is the most pervasive blight on our criminal justice system today. With justification, the elimination of unwarranted racially disparate criminal justice outcomes has been described as the major civil rights issue in our country today. Even if incarceration is not imposed, the collateral consequences of a conviction – laws and regulations that bar people from jobs, education, benefits, and housing are also debilitating” (Williams, James. “Racial Disparities in the Criminal Justice System”. North Carolina Bar Association: Criminal Justice Section. 09 Feb. 2011. Web. 18 Apr. 2012. <http://criminaljustice.ncbar.org/>

VII. PS: There aren’t any possible solutions. VIII. R: However, trying to find a possible solution of racial disparities in the sentencing of criminals would just make the problem worse. A. All the decisions are made through the court systems. They tend to favor the police side more when it comes to a person of color and that person would end up being sentenced for a long time. IX. BS: It is clear that there is not a best way to solve racial disparities in the sentencing of criminals. X. In conclusion, when it comes to racial disparities and the sentencing of criminals, it can’t be stopped.

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