Bshyenna Vegaprofessor Artist Writing For Criminal Justice
Bshyenna Vegaprofessor Artistwriting For Criminal Justiceracial Dispar
Bshyenna Vegaprofessor Artistwriting For Criminal Justiceracial Disparities in the Criminal Justice System April 9, 2020 The primary duties of police officers are to enforce the law, protect people, protect property, and patrol around to prevent incidents from happening. The criminal justice system is broken, and people of color are treated unequally. Police officers are influencing racial biases through their judgment of suspicion. In the courtroom, race plays a significant role in decisions about sentencing. Racial police biases are a leading cause of detention for African Americans in America.
Police stops are caused by mechanisms such as racial profiling, stereotyping, cognitive bias, and prejudice towards individuals. Police officers often conduct stops without sufficient evidence, violating the Fourth Amendment, which protects against unreasonable searches and seizures. The case of Terry v. Ohio addressed such violations, where police stopped and frisked suspects without probable cause, raising concerns about racial bias influencing these actions. The Fourth Amendment states that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue without probable cause.
In Terry v. Ohio, African American men were unlawfully searched and seized, with evidence suggesting racial bias influenced police conduct. Similarly, in Whren v. United States, police officers used a traffic violation, such as failing to signal before turning, to justify stopping individuals. In this case, officers lacked sufficient danger or probable cause, indicating that the stop was influenced by racial bias. Evidence from these cases demonstrates how implicit biases may affect police judgments during stops and searches, leading to the disproportionate targeting of minorities.
The influence of racial bias extends beyond stops. Data indicates that African Americans are more likely to be stopped by police, even when controlling for comparable situations. For instance, in New York City, stop-and-frisk practices expanded significantly from 2003 to 2009, with racial and ethnic minorities disproportionately targeted. Kramer and Remster (2018) found that African American residents in New York City were roughly 2.5 times more likely to be stopped than Caucasian residents. This disparity reflects systemic bias, often rooted in stereotypes about danger and criminality associated with African American communities.
Furthermore, the excessive use of force against African Americans highlights ongoing racial disparities. High-profile cases include Eric Garner, who was killed after a police officer used a chokehold despite Garner’s pleas that he could not breathe, and Botham Jean, who was mistakenly shot in his own home. Studies show that unarmed African Americans are significantly more likely to be shot by police than unarmed Caucasians—3.5 times more frequently, according to Kramer and Remster (2018). These incidents underscore how implicit biases can lead to disproportionately aggressive policing and use of deadly force against African Americans.
The relationship between crime and policing also reflects racial disparities. Evidence suggests that African Americans are more likely to be arrested and face harsher penalties for similar crimes compared to Caucasians. The broken windows theory, which links visible disorder to heightened crime, has been criticized for its negative impact on minority communities. Kamalu and Onyeozili (2018) note that such policing strategies divert limited resources toward minor offenses in minority neighborhoods, exacerbating tensions and distrust within these communities.
Disparities extend into the judicial system, where African Americans face higher rates of detention and incarceration. Assefa (2018) highlights that Black defendants often face higher bonds and more restrictive conditions than white defendants with similar charges. Bond reform initiatives emphasizing implicit bias training and risk assessment tools are recommended to mitigate racial disparities in pretrial detention. These biases contribute to a cycle of incarceration that disproportionately affects Black communities, limiting their opportunities for employment, family stability, and social mobility.
Child welfare practices further reflect racial bias, with African American children being overrepresented in foster care placements. Simon (2018) reports that nearly 60,000 African American children were removed from their homes in 2016 alone. These children often experience longer placements and less likelihood of reunion with their families, perpetuating racial inequities in child services. These systemic biases undermine trust in social services and contribute to ongoing cycles of disadvantage.
In addition to systemic issues in policing and child welfare, racial disparities persist in juvenile justice. Leiber and Fix (2019) reveal that African American youth are six times more likely to be incarcerated than Caucasian youth and twice as likely to be incarcerated compared to Hispanic youth. These disparities reflect ongoing racial profiling, longer sentencing, and structural biases within the juvenile justice system. Such factors hinder efforts to promote rehabilitation and reintegration for minority youth and contribute to the broader cycle of criminality and marginalization.
Racial discrimination also affects police officers of color, particularly Black police officers. Todak and Brown (2019) discuss that African American policewomen often encounter sexism and racism within law enforcement agencies. They face differential treatment from colleagues, with some white officers harboring stereotypes or perceiving their advancement as threats. The reluctance of colleagues to support minority officers can diminish their effectiveness and sense of safety, further illustrating how systemic bias operates within policing institutions.
In conclusion, systemic racial bias permeates various facets of the criminal justice system—from policing to courts, juvenile justice, child welfare, and law enforcement personnel. Evidence demonstrates that implicit biases, stereotypes, and structural inequalities contribute to the disproportionate targeting, use of force, and detention of African Americans. Addressing these disparities requires comprehensive reforms, including bias training, policy shifts, and community engagement to rebuild trust and ensure equitable treatment. Recognizing the systemic nature of racial bias in policing is essential for creating a more just and inclusive criminal justice system that upholds the principles of fairness and equality for all citizens.
Paper For Above instruction
The criminal justice system in the United States has long been criticized for its systemic racial disparities, particularly in policing practices. Multiple studies, court cases, and reports highlight how implicit biases, stereotypes, and structural inequalities contribute to the disproportionate treatment of African Americans within the system. This paper explores how racial biases influence police stops, use of force, judicial decisions, and other areas, emphasizing the importance of reforms to address these entrenched issues.
Police officers are tasked with enforcing laws, maintaining order, and protecting citizens and property. However, evidence suggests that racial biases influence their judgment, often resulting in unwarranted stops and searches of minorities. The case of Terry v. Ohio (1968) exemplified concerns about police conducting stops without sufficient probable cause, raising questions about racial profiling. In this case, police observed suspects engaging in suspicious behavior, which led them to stop and frisk individuals without concrete evidence. The Supreme Court ruled that such stops are constitutional if based on reasonable suspicion, but the application of this standard has often been tainted by racial stereotypes. African American men, in particular, are more likely to be targeted under suspicion that is often racialized (Keen, 2017). Such practices violate the Fourth Amendment's protections against unreasonable searches and seizures, yet they persist because of implicit and explicit biases among officers.
Further evidence from cases like Whren v. United States (1996) shows how police used minor traffic violations, such as failing to signal, to stop individuals—often targeting minorities. The courts found that as long as the police observed a traffic infractions, their actions were justified, even if racial bias influenced the decision (Kramer & Remster, 2018). This case illustrates how racial profiling continues under the guise of legal procedures, often resulting in disproportionate surveillance of African Americans. Such stops can escalate into use of force, arrests, and further entrench racial disparities.
The impact of such biases becomes stark when examining use-of-force incidents. Data reveals that unarmed African Americans are more likely to be shot or killed by police than their white counterparts (Kramer & Remster, 2018). The deaths of Eric Garner and Botham Jean underscore the lethal consequences of implicit biases. Garner's death by chokehold after police suspected him of selling loose cigarettes, despite his pleas that he could not breathe, exemplifies excessive force rooted in racial stereotyping. Similarly, the mistaken shooting of Jean in his own home highlights how racial biases can lead to tragic misunderstanding and violence. These events have prompted calls for police reforms focused on bias reduction and de-escalation techniques.
Systemic bias extends into the judicial system, where African Americans face higher rates of detention, longer sentences, and harsher penalties. Assefa (2018) discusses how bond systems often result in higher bail amounts for Black defendants, which leads to pretrial detention and increases the likelihood of conviction. These disparities are compounded by case biases and court stereotypes, which favor white defendants. Such practices contribute to a cycle of mass incarceration, disproportionately impacting minority communities and perpetuating socio-economic disadvantages.
The challenges are further compounded in child welfare and juvenile justice systems. According to Simon (2018), African American children are overrepresented in foster care, often placed for longer durations with less chance of reunification. This overrepresentation reflects racial bias in policy implementation and decision-making. Kamalu and Onyeozili (2018) argue that broken windows policing strategies, which focus on minor infractions, disproportionately target minority neighborhoods, leading to higher arrest rates, community mistrust, and strained relationships between law enforcement and communities.
Disparities extend into juvenile justice, where African American youth are incarcerated at rates significantly higher than their white counterparts. Leiber and Fix (2019) reveal that African American juveniles are six times more likely to be incarcerated than Caucasians. Longer sentences, racial profiling, and biased assessments of dangerousness exacerbate these disparities. These trends hinder efforts to promote rehabilitation and undermine social integration for minority youth, fueling the cycle of crime and marginalization.
Within law enforcement, officers of color face unique challenges, with African American policewomen experiencing both sexism and racism from colleagues. Todak and Brown (2019) highlight that white officers often hold stereotypes about minority officers, perceiving them as threats or unqualified. This discrimination affects officer morale, collaboration, and effectiveness, ultimately impacting community policing efforts. African American officers frequently report being treated differently in disciplinary and promotional processes, reflecting internalized biases that perpetuate inequality within police institutions.
Addressing these disparities requires comprehensive reforms. Bias training, community engagement, and policy changes are essential to combating implicit biases and promoting equitable policing. Initiatives such as risk assessment reforms aim to reduce racial disparities in pretrial detention (Assefa, 2018). Civil rights organizations advocate for transparency and accountability, calling for data collection and public reporting to monitor racial disparities actively. Yet, resistance persists because of entrenched institutional practices and cultural biases.
In conclusion, systemic racial bias in the criminal justice system leaves communities of color disproportionately affected at multiple levels. Policing practices, judicial decisions, child welfare, and law enforcement culture all contribute to the adverse outcomes experienced by African Americans. Addressing these issues requires acknowledging the role of implicit biases and implementing targeted reforms aimed at achieving fairness, accountability, and trust. Only through sustained effort and policy changes can the system move toward genuine equity and justice for all.
References
- Agozino, B. (2018). Black lives matter otherwise all lives do not matter. african journal of criminology and justice studies: ajcjs, 11(1), I-XI.
- Assefa, L. S. (2018). Assessing dangerousness amidst racial stereotypes: An analysis of the role of racial bias in bond decisions and ideas for reform. journal of criminal law & criminology, 108(4), 599-634.
- Kamalu, N. C., & Onyeozili, E. C. (2018). A critical analysis of the 'broken windows' policing in new york city and its impact: Implications for the criminal justice system and the african american community. african journal of criminology and justice studies: ajcjs, 11(1), 71-94.
- Keene, S. L. (2017). Raising arguments about the potential influence of implicit racial bias in police stops. criminal justice, 32(2), 35-38.
- Kramer, R., & Remster, B. (2018). Stop, frisk, and assault? Racial disparities in police use of force during investigatory stops. law & society review, 52(4), 960-985.
- Leiber, M. J., & Fix, R. (2019). Reflections on the impact of race and ethnicity on juvenile court outcomes and efforts to enact change. american journal of criminal justice, 44(4), 453-473.
- Safiedine, S. S., & Chung, K. J. (2018). The price for justice: The economic barriers that contribute to an unfair and unjust criminal justice system. criminal justice, 32(4), 40-44.
- Simon, K. B. (2018). Catalyzing the separation of black families: A critique of foster care placements without prior judicial review. columbia journal of law & social problems, 51(3), 123-147.
- Todak, N., & Brown, K. (2019). Policewomen of color: A state-of-the-art review. policing, 42(6), 1-22.