Systemic Reform in American Justice

The primary purpose of this report is to explore the pervasive racism within the United States justice system and to identify potential solutions to this deeply rooted societal issue. Racism, in this context, refers to social practices that confer advantages solely to members of certain racial groups while systematically disadvantaging others. It is driven by personal predispositions, entrenched ideologies, and cultural norms that promote policies and practices exacerbating racial discrimination. Institutional racism is particularly prominent in the U.S. justice system, manifesting in informal interactions between minority citizens and law enforcement officers, especially during stops, questioning, and arrests.

Historically, racism in the U.S. judicial system can be traced back to the slavery era, where African Americans were subjected to systemic discrimination. This was characterized by segregation laws and biased court decisions that enforced open racial discrimination. By the 17th century, the belief that slaves were inferior was deeply ingrained in American society. Courts upheld laws that allowed for the mistreatment of African Americans, including lynching and physical assaults, often in the presence of law enforcement officers. Today, despite the significant cultural and heritage diversity among the black community in the United States, racism still manifests in various forms and remains a pressing issue.

Review of the Literature

Joe R. Feagin, in his book "Latinos Facing Racism: Discrimination, Resistance and Endurance" (2015), highlights how Mexicans and Latinos more broadly have also been heavily implicated in the contentious issue of immigration, leading to stereotypes that depict them negatively as sly, lazy, and kleptomaniacs. Law enforcement officers have often collaborated with authorities to harass the Latino community, exacerbating their marginalization. It's important to note the diverse economic and educational backgrounds within the Latino population in the United States. For instance, Puerto Ricans often face significant economic challenges, while Cuban immigrants typically enjoy better educational and economic opportunities. Despite these differences, the U.S. judicial system tends to view Latino immigrants and other minority groups through a monolithic lens, which contributes to systemic discrimination.

Similarly, the indigenous populations, including Alaskan Natives and American Indians, have historically faced oppression and land dispossession. These groups continue to suffer from underrepresentation in the criminal justice system, which hinders their ability to advocate for their interests. Incarceration and arrest data concerning these minority groups are often sparse and biased, further entrenching stereotypes that contribute to their marginalization. This misrepresentation leads to discrimination, with the criminal justice system subjecting these communities to socio-economic and educational biases.

When it comes to criminal victimization, African Americans are disproportionately affected. They are more likely to be wrongfully accused of violent crimes compared to white Americans, and statistics show a higher likelihood of being murdered, raped, or robbed (Reifer, 2017). Despite comprising only 13% of the U.S. population, African Americans account for a significant proportion of arrests and incarcerations. For instance, they represent 48% of murder arrests and 45% of the incarcerated population in state and federal facilities.

Joe and Jose (2018) highlight racial prejudice within the U.S. criminal justice system, noting that law enforcement officers often treat minorities with bias and excessive force compared to dominant groups. Radio transmission reviews revealed officers using racial slurs and discriminatory remarks regarding suspects or their possessions. Minority-dominated neighborhoods are often subjected to discriminatory practices, with African Americans and Latinos facing detention, verbal harassment, and humiliating tactics. Even officers from minority backgrounds face discrimination and racial slurs within their ranks.

An inquiry in New York revealed a dual court system, one serving the white majority and the other for the poor black population, leading to unequal justice based on race. Court cases for blacks were often rushed, with predominantly white juries and decisions skewed toward harsher sentences. Plea bargains, sentencing types, and lengths were administered based on race, necessitating changes in the criminal justice system to address these disparities.

Methods for Change

To address racism in the U.S. criminal justice system, various initiatives should be developed. These include public advocacy against injustices, holding officers accountable for misconduct, advocating for less severe sentences, and supporting alternative programs to reduce biased arrests. Community policing should be embraced, allowing officers to make informed decisions based on their familiarity with the community. Additionally, accountability and sound policies must be implemented in prisons, and the abolition of the death sentence should be considered.

Anticipated Results and Discussion

Implementing these recommendations is expected to foster equality and fairness in the criminal justice system. Public advocacy will promote reforms, emphasizing collective safety over racial biases (Devon, 2015). Holding law enforcement accountable will ensure fair treatment across races. Legislation reducing harsh sentences, like the 'Smarter Sentencing Act,' should be supported to address sentencing disparities.

Alternative programs will provide justice system alternatives, reducing arrests skewed against minorities. Community policing, exemplified by Camden County police in New Jersey, has successfully reduced homicide rates through informed decision-making. Prisons should ensure security and address violence or misconduct, holding administrators accountable. Capital punishment, deemed costly and discriminatory, should be abolished.

Conclusion

Racial discrimination remains a volatile issue within the U.S. criminal justice system, with no comprehensive solutions yet. While systemic discrimination is difficult to pinpoint, it often manifests at critical decision-making intervals. Scholars argue that discrimination is deeply rooted in socio-cultural attitudes towards vulnerable ethnicities, manifesting in complex ways that challenge research strategies. The criminal justice system faces the challenge of eradicating public perceptions that associate it with historical injustices since slavery. Despite differing research opinions, minority groups perceive their discrimination as linked to the U.S. criminal justice system. However, the system can counter this perception by ensuring that law enforcers and the legal framework operate honorably, eliminating discrimination, bias, and racial segregation from decision-making processes. This approach should serve as the foundation for rewriting the narrative and establishing a fair and equitable justice system.

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