Racial Discrimination in Justice System

Abstract

It is essential to analyze the racial disparity in the criminal justice system because the criminal courts are important in society because, especially in making judgments, they are expected to bring equal opportunities for all people. It must ensure that, despite the political statuses and other backgrounds of the individuals, every person in the country follows the rule of law and order. When making important judgments, they should not have the bias of allowing any favor. The manner in which these decisions are carried out is very essential and is very important to society.

Because they determine people’s well-being as well as provide a good place to sustain without any disturbance. The proposal has sought to identify the fact that, while the courts should carry out all of the above tasks, they are becoming biased in many ways. Various situations were dealt with. Different researches were analyzed in this proposal to develop a link between the racial decrimination and justice system. The research conducted by Pew Research center was the focal point of this proposal.

Introduction

It is evident that the courts are trying so hard to deal with such increased cases, given the increased crime and other illegal activities in the US. Research has shown that those courts have decided to deal with the many cases, and that minority groups around the world are continually oppressed (Perry, 2016). The issue is that people would see that the judiciary perform these activities accordingly. The public doesn’t realize that it has become a major concern since many of the decisions were found to favor large communities in the United States, while minorities remain in the dark. In the handling of many cases which have recently been identified, these courts have shown inequality. The growing social challenges in the US are increasing day after day, as courts have decided to address the problems of many minority groups. The proposal have provided sufficient proof of a number of cases found to be affected by partial judgments in the major courts of the US.

Research Question

The question to be ask is whether there exists a disproportion between the treatments of people from minority and whether there is a strong evidence confirming this claim or all the hype about treatment of minority is created by news channels and social media.

Methods

There are wide range of research methods used in the sociological research, but the type of research used in this project will be based upon the statistical data. So, the quantitative method will be used in this project.

The data obtained from the PEW research will be used in the project. The PEW research conducted the research for racial attitudes in USA for year 2016. Their research consists of questionnaire for the people of different backgrounds including minorities such as Black African Americans and Latinos. In the research there are two particular questions that will be used in this research project. The questions are based upon the treatment of people by the police and in court. The volunteers of this research were subjected to the question about the treatment by the police and they were asked whether one particular community is not fairly treated by the police or this perception is wrong. The people responded to this question and also about the question of treatment by the court. The data was collected for these questions and the focal point of this research question will be based upon the analysis of these questions.

For the analysis purpose the SPSS software will be used, it will allow to interpret the data in visual form. The data can be arranged in the form of histogram, column chart or pie chart in order to understand the response of the people. Based upon the interpretation of the data and reviewing some recent cases about police brutality, the hypothesis will be purposed in order to conclude this project. Besides that limitation of this research project and the data will be acknowledged.

Literature Review

There are several articles in the literature review that have detected recent cases of bias in the criminal tribunals of the United States. The subject examined all the evidence presented that would clearly help to understand the restriction of the justice system in the United States. This makes it easier to identify the minorities who are most affected by such court judgments. In regard to the bias in criminal courts, there are different topics and they have been discussed later.

According to the research, many individuals ‘ civil rights were severely violated. The judicial system in the United States has significantly changed in the recent years, according to the publication of the civil rights law trial system (Quigley, 2010). In a system that strengthen the policy of fair employment for all people in the country, the minorities have also found their place. However, many racial injustices in the same courts affected such developments when dealing with multiple cases in the country This shows that many national courts ‘ decisions have been implemented in a way that appears to be significantly partial to minority people (Wilson, 2014). These injustices were seen as a long-term challenge, especially following a long-term battle by the courts in the nation for equal judgment and appropriateness in the country’s rulemaking. In the years that unequal treatment has been found to characterize every stage of their process, it was seen that the criminal justice system is not involved in the negotiations. Such disparities only affect the culprits and the minority in the country, a sufficient proof of why many of the minority citizens are detained in that country by the police.

Increasing racism in criminal courts has become apparent. In the most recent cases against people’s will and rights Quigley identified 14 instances of discrimination in criminal justice (Quigley, 2010). This has all been the case in which the judges were found unfair to the minority groups during the handling of their cases. The information obtained is really very important because it shows the numerous sources of evidence to be addressed in the paper. Taking these cases into account, judgements can be made on the efficacy of the judicial system in the USA. They have already been identified as illegal and the minority is less concerned when their rights are being violated daily (Wilson, 2014). Such treatments for those communities living in the United States are seen as unacceptable and really troubling. The minorities arrested on a number of occurrences in the country are not being fairly tried (Quigley, 2010). The information collected is based on different evidence, so that people will understand the issue being discussed and the information is strong. In spite of the many approaches to ensuring justice in the courts, many obstacles impacting the system has been shown to be greatly failing by the inherently biased legal system in the United States (Bowcott, 2015). The laws that were passed are violated and there is no turning to the black people. Despite the Black people being judges, there is strong evidence of the cases.

The World Socialist website showed the ongoing racial bias in criminal justice courts of the United States (Wilson, 2014). They have already seen the growing injustices that are now being witnessed in these courts in a civil rights coalition report. The American police were also seen by some of the prosecutions of minority groups as the primary cause of all such injustices. They violate the rights of these people and are unfair when their cases are handled The research is formidable because the various citations contained in the constitution explain the specifications of those law enforcers. The role played by race in the implementation of criminal judgments in US has been examined by a paradox of partiality (Perry, 2016). While the equality of treatment of the African Americans is evident from many guidelines, the disparate treatment of the Blacks in criminal justice systems has become increasingly concerned. This examined the role of race in the use of the system.

In criminal courts, where only minority groups are prosecuted, Hatred has also significantly increased (Quigley, 2010). The hatred crime written by Shively in America have shown that the numerous cases that the United State courts handle are full of weak evidence based on discrimination against small groups of people throughout the country. This case has shown that there have been several cases where smaller groups are rejected their say and certain rights with the continuing efforts to ensure that the rights of people are protected accordingly (Shively, 2007). There is proof of a number of cases in different parts of the country.

There have been many constitutional violations in the judiciary when judgements have been made. The race and the US judiciary have provided the courtrooms with all the constitutional violations. Unlawful proceedings have taken place in these US courts (S.M, 2014). It has now become a matter of great consideration for the fairness of courts in the country. Several judges were appointed in court to discourage the right to a fair trial. The research has demonstrated developments in the tests that were carried out and those that have been modified. They have also demonstrated evidence of these violations.

The study recognized a further theme that is corruption. Corruption in our judicial system has demonstrated that judicial corruption in the United States has become an increasingly serious concern (Pahis, 2009). This demonstrates that almost all types of bribery were encountered in the courts and avoided major and important decisions from being taken. There is evidence to show that the courts are more likely to close or end the cases if minority groups deal with cases, especially in cases where one Member is from large communities. The information collected has been compiled several pieces of proof that many corrupt judicial leaders are alleged to be involved in receiving bribes that lead to unfair judgments.

In the judicial courts of United States, the use of unfair trials has proved to be a major problem. The use of unfair trials in which the many decisions taken today in the courts are favorable to individuals from particular regions (Jones, 2000). Those of different colors or parts are embarrassed and denied of their say in the proceedings. This has triggered inequality in these decisions and is continuing to oppress the minority groups on a daily basis. The cases are based on the advantages in which judges receive different forms of reward failures that are always wrong for the accused. Dictatorship was detected in cases, and these magistrates are often scared to make proper decisions because of the threats from those in power (Pahis, 2009).

Gender-based judgments in the criminal courts are increasingly affected. In criminal courts there is gender-based partiality, particularly in cases of rape (Murphy, 2001). In handling these cases, the constitution has provided for an appropriate process to be followed by taking appropriate decisions. The process has recently been breached in particular by the provision of personal legal presentations to the court of law to the rape victims. Gender polarization is demonstrated in the many cases in court by the way in which judgments are made (Quigley, 2010). The guidelines that are designed to reduce gender distortions in the country are not adequately applied.

Pew Research

Using the research conducted by the Pew Research following graph was developed, where the people were question regarding the treatment of black people by the police.

Analysis

From the data collected by a pew research, the question number 19F2-f was relevant to this proposal and a chart was developed on SPSS software showing the percentage of white and black people saying that blacks were less fairly treated than the whites in different organization of the USA. The concerning data is the treated by the police and courts. Almost, half of the white people participated in the survey said that the police treats black people less fairly than the whites, whereas staggering 84% of black people said that they were unfairly treated by the police. In case of the courts, almost same trend was observed, 43% white people said that blacks were not treated equally in the courts, whereas the 75% black were in conformity with the fact that the blacks are not getting a fair trial in the court.

Based upon the analysis of the data, there exist a strong correlation between the racial discrimination and justice system. It is shocking to see, large amount of people pointing fingers toward the unfair treatment of blacks in the courts of USA. Such attitude of people cannot be molded by the media and the justice system needs reformations to change this stigma.

Conclusion

The research showed that the criminal justice system in the United States is increasingly violating minority rights. Research have shown that many cases in these courts are unfairly judged by increased corruption and other racism. This has made it difficult for minorities to have a stable environment in which the police and other law institutions are always exposed to harassment. In these courts, there has been evidence of gender inequality and the minority groups have no opportunity to take part in it. It is the government’s responsibility to ensure the restoration of law and order in the judicial system. The several fair treatment legislations in the Constitution should also be upheld.

References

1. Justice On Trial. (2016). The Leadership Conference on Civil and Human Rights. Retrieved 16 April 2019, from http://www.civilrights.org/publications/justice-on-trial/
2. Quigley, B. (2010). Fourteen Examples of Racism in Criminal Justice System. The Huffington Post. Retrieved 16 April 2019, from http://www.huffingtonpost.com/bill-quigley/fourteen-examples-of-raci_b_658947.html
3. Jones, S. (2000). Study finds widespread racial bias in US criminal justice system – World Socialist Web Site. Wsws.org. Retrieved 16 April 2019, from https://www.wsws.org/en/articles/2000/05/bias-m16.html
4. Shively, M. (2007). Hate Crime in America: The Debate Continues. NIJ Journal, 257. Retrieved from http://www.nij.gov/journals/257/pages/hate-crime.aspx
5. Wilson, S. (2014). Race and the American Judicial System: A Critical Analysis I The Hampton Institute. Hamptoninstitution.org. Retrieved 16 April 2019, from http://www.hamptoninstitution.org/race-and-judicial-system.html#.WCvohOLvD20
6. Pahis, S. (2009). Corruption in Our Courts: What It Looks Like and Where It Is Hidden. Yalelawjournal.org. Retrieved 16 April 2019, from http://www.yalelawjournal.org/note/corruption-in-our-courts-what-it-looks-like-and-where-it-is-hidden
7. S.M., ,. (2014). Playing favourites. The Economist. Retrieved 16 April 2019, from http://www.economist.com/blogs/democracyinamerica/2014/05/judicial-bias
8. Murphy, W. (2001). The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System. Journal Of Social Distress And The Homeless, 10(1), 123-138. Retrieved from http://link.springer.com/article/10.1023%2FA%3A1009437904083.
9. Pew Research Center. (2016). On Views of Race and Inequality, Blacks and Whites Are Worlds Apart”
10. Perry, B. (2016). A Paradox of Bias: Racial Differences in Forensic Psychiatric Diagnosis and Determinations of Criminal Responsibility. Race And Social Problems, 5(4), 239-249. Retrieved from http://link.springer.com/article/10.1007%2Fs12552-013-9100-3
11. Bowcott, O. (2015). Black Americans failed by inherently biased legal system, ABA president says. the Guardian. Retrieved 16 April 2019, from https://www.theguardian.com/us-news/2015/oct/09/black-americans-legal-system-paulette-brown-american-bar-association

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