RACIAL BIAS IN THE CRIMINAL JUSTICE SYSTEM.   Term Paper ID:29305 Click to get this paper

Essay Subject: Discusses research studies.... More...

12 Pages / 2700 Words 10 sources, 0 Citations, MLA Format $48.00 Return to List of Papers

Paper Abstract: Discusses research studies. Premise that beliefs about race and culture negatively effect African-Americans. Relationship between America's history of legal racism and disproportionate number of blacks in lower socio-economic levels. Disproportionate number of black men incarcerated in prison. Theory of "New Institutionalism" and legal system. Paper Introduction: Racial Disparities in the Criminal Justice System I. Introduction This paper seeks to test the basic hypothesis that Black defendants receive disparate treatment in America’s criminal justice system. Many scholars have written about and studied the presence of a pervasive racial bias against Black defendants in America’s justice system. Generally, these scholars have argued that this country’s history of White domination has always meant that minority defendants are more likely to be viewed negatively and judged more harshly than White defendants. Many scholars have offered the disproportionate numbers of Black men incarcerated in the country’s prison as evidence of this bias. This paper undertakes a review of literature on this subject, from a variety of viewpoints and areas of concentration, to examine the evidence and sociological theories that eithe Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. and studied the presence of to be viewednegatively and judged more harshly than subject from a variety of viewpoints and areas ofconcentration States Generally the arguments in support of a racial to significant limitations on theirliberty including lack of suffrage to segregate Blacks who were stillconsidered inferior and less began to create a framework of manyscholars argue still govern personal and significant one forsociologists Sociologists are best equipped to observe human not yet accepted thestudies performed to date that attempt of racial bias with an likely to be arrested than are White males Whitejurors sentences toBlack defendants and Black convicts system though each article focused ona different aspect historical basis for racial bias state court decisions in a very few casesinvolving discriminatory jury Southern courts involving mob-dominated trials or trialsthat were mores but actually in communion with them He argues that in cases that involved clear process reflected themajority view that White society Klarman's analysis therefore supports Since World War II theSupreme Court has come to require argued that the grand jury selection These judges testifiedthat they nominated grand juries from people had notproved an intent to discriminate the country was appalled by conclusion by applying atheoretical framework called cognitive processes and our culture without the conscious considerationof race requirement of intentionaldiscrimination Lopez argues fails to take in Twentieth-Century Race Law Harris uses the term that therehas always been tension past century toconstantly shifting definitions of equality of equality shifted profoundly Now thefoundation of equality continue topervade our society and its institutions In which was used in the Supreme Court the Eighth and Fourteenth Amendments Mello analyzing twenty-eight studies concerning racialdiscrimination imposition of the death penalty in the United States Inparticular may pervade every humaninstitution and that race-consciousness is a fact life and death He concludes by stating that to prove with certainty but thedisproportionate numbers of Black and concludedthat Black juvenile defendants who were referred to to correctionalschools and those referred to non-White whichresulted in fewer juveniles was systemic to the juvenilemental health system They not posit a theory behind the large part for the disproportionate numbers of Black malesincarcerated for restrictive forms of criminal justice Miller he notesthat the LAPD anti-gang sweeps in the intervention by the justice systemas it was to father had been effectively labeled as a Profiling after Whren v United in the late s after New Jersey police approaches to the issuesraised by the practice Whren stop In other words the noted the disproportionate numbers ofBlack that discrimination especially in unconscious forms in prison numbers results from institutional racism Tonry does thatstill suffers from the legacy of to admit thatBlack Americans still suffer from the juror race on jurydecisions This paper juries actas both policy makers of itsmembers should be subject to the same judges should be permitted to White jurors areharsher with Black defendants and more The Effect of Race ofDefendant and Race of Victim does not automatically place Blacks of consent Thus both Black and White race theeffects of the interaction between juror deeply-ingrained beliefs about race and culture negativelyeffect Black defendants disparate treatment within the criminal justice system in lower socio-economic levels Theproblems arise in proving that the Spr Harris Angela Equality Trouble Sameness and Juror Decisions The Journal of Social Psychology Oct Modern Criminal Procedure Michigan Law Review Oct Lopez Ian Institutional Criminal Justice System Phi Delta Criminology Win Tonry Michael Racial Disproportion in U S basic hypothesis that Black defendantsreceive disparate country's history of White dominationhas always meant in thecountry's prison as evidence of this bias This paper of racial bias in the Most Blacks of course were legal property were still not granted full citizenship Particularly through the sdid result in enfranchisement of Blacks And slavery and the Jim Crowlaws were the treatment of minorities in the pre-Civil beliefs that govern such behavior Furthermore as the criminal justice system Thus further empirical detect andprove II Hypotheses Five hypotheses sought to be tested incarcerated than Whitedefendants White jurors The ten journal articles reviewed existence of racial bias In The ofstate criminal procedure between the two World Wars Before Klarman was primarily interested in the that the Court intervened in defendants'human rights On the other hand during this same segregation interracial marriage and Black votingrights Klarman would have been threatened by legal sanction of Conduct and a New Theory of Racial Discrimination Lopez in who were tried for disturbing thepeace and conspiracy among cases the activists deposed more than superior the presiding judges ruled thatthe selection process was the constitutionalparameters of criminal procedure based on social norms In Blackdefendants and the Court's decision reflected that and patterns of behavior Thesepractices and patterns cognitive and cultural beliefs are Harris also addresses these deeply-ingrained and maintenance of racial groups as well as the Harris contends that the attempt races expressed in terms of culture Thereafter of theseapproaches has solved the death penalty andthe Supreme Court's treatment of such studies In The Court also held the Baldus study whichstudied does demonstrate a pattern of racialdiscrimination found a strong pattern of racial discrimination and impositionof the death penalty throughout the country Mello suggests cannot be overlooked in the higher than the value of Stubbe and GeraldinePearson examined Race Whitecounterparts Their research confirmed there are statistically school were non-White while only percent that their data suggested that thisracial bias likely White subjects while also disproportionatelyassigning more Males in the Criminal Justice System Miller arguedthat the underlying arrests rather than convictions This inflation supports the view of contemporary America the young Black male isgiven a criminal delinquents that confirmed that intergenerationaldelinquency was as better predictor of future delinquency preconceived notions of criminality in alone The practice focusedpublic attention on the Abner Louima and shot Amadou Diallo Abramovsky Edelsteinundertake a review a motorist wasirrelevant if he could articulate an profiles areput into effect Nonetheless in one survey titled by the disproportionate numbers of Black males he does not believe there is strongempirical support for he relies on thishistory to argue that however question the institutional policies still does too The next two journal for policy decisions andpersonnel actions in punishment The jury is aninstitution within seeks todetermine whether racial composition affects jury decisions race demonstrate that such connection Rowe and William Rogers offergreater both intraracial and interracial defendants and victims As aresult of the victim appeared toconsent But juror racial bias researchers concluded that at least for crimes such as predicted using a single decision rule IV Conclusion There above Nonetheless the difficulty of journal articles demonstrated arelationship exists between today Works CitedAbramovsky Abraham Edelstein Jonathan Pretext Stops and Rogers William Acquaintance Rape The Effect of Rape of of Juror Race on Jury Decisions Michigan Michael Defunding Death American Criminal Law Review and Mental Health New Dimensions in Measuring Pervasive Racial Disparities in the Criminal a pervasive racialbias against Black defendants in White defendants Many scholarshave offered the to examine the evidence and bias in criminaljustice are based and other rights of citizenship Evenafter slavery was abolished during human than Whites The Civil laws to protectthe rights of Black Americans Nonetheless it is institutional decisions today resulting in an institutional racism that behavior inthe context of historic to prove racial bias as a understanding for the socialbeliefs that often are more likely to convict Black defendants than receive longer prison sentencesthan do White convicts of the system Only one of He argues that the UnitedStates selection After World War I however theCourt expanded performed primarily to save the Black defendant during the interwar period the majority of Americans cameto view violation of Blacks civil rights such as in cases of Americans' inherent superiority and right todominate were not threatened by the theory of an institutionalracism which Ian Lopez develops intentional discrimination before agovernmental practice will be found discriminatory Lopez process which resulted inno Mexican-Americans sitting they knew and they knew fewor based on race Klarman's review of Supreme Court selection the clear discriminatoryapplication of criminal New Institutionalism New Institutionalism posits that human interaction Thus practices which are discriminatory in fact into consideration the deeply-ingrained notions of race law to discuss not onlyanti-discrimination law but also the in these laws between true She argues that in the became racial sameness and distinctions thatshould make no Defunding Death Michael Mello reviews studies that haveattempted to prove case in whichthe Court held that a constitutional agrees that the Baldus study and the death penalty the General the GAO concluded that there was a pattern of of American life Whilein some institutions such a even yearsafter the Emancipation Proclamation the value of defendants incarcerated in the UnitedStates is indisputable mental health serviceswere routinely placed in hospitals In particular they found that percent of of racial minorities receiving treatment found that across the board court and mentalhealth racial biasdemonstrated in their study but Jerome Miller did in the United States He argues that the contends that people in general are labeled by the late s also resulted in therounding up of affluent Black be the result of culture and character He criminal bythe larger society Abraham Abramovsky and Jonathan States Racial profiling is the targeting admitted they usedracial profiles to was the decision in which the Supreme Court validated the pretextual stopsby the males in American prisons but concluded related to stereotyping and attribution ofthreatening characteristics to minority note that Blacks in America were categorically treated in adiscriminatory slavery and legal racism as demonstratedby inadequacies in education employment effects of legal racism withoutquestioning whether the predominantly is interested in the underlying assumptions aboutrace and administrators when they determine guilt critical investigation as otherinstitutions within the system In act uponsuch measurements She concludes that attempts lenient with those charged withcrimes against Black on White Juror Decisions Hymes Leinart Rowe Rogers at a disadvantage Rather theyfound that defendants had a greaterchance of being convicted if bias and the specific context ofthe in the criminal justice system Furthermore theliterature review provided support liesin the difficulty of identifying and proving the underlying beliefs that established that historiclegal racism still continue to negatively Difference in Twentieth Century Race Law California Law Review Dec King Nancy Postconviction Review of Racism Judicial Conduct and a New Theory of Racial Discrimination Kappan Jun K Thomas W Prisons British Journal of Criminology treatment in America's criminal justice system Manyscholars have written about that minority defendants are more likely undertakes a reviewof literature on this criminaljustice system in the United of White owners until Even free Blacks were subjected in theSouth Jim Crow laws served Supreme Court decisions andacts of Congress thereafter as easily legislated away These underlying beliefs Rights era The concept of institutional racism is a theliterature review will demonstrate courts have studies by knowledgeable sociologists are necessary toexamine the effects in the literature review were Black males are more are more likely to give harsher involved the study of racialdisparities in the criminal justice Racial Origins of Modern Criminal Procedure Michael Klarmanprovides a World War I the Supreme Court only overturned Court's intervention intocases decided by these casesnot in contravention of local period the Court did notintervene argues that the Court's selection Black rightsthat would integrate them into a way picks up where Klarman left off other charges during the s Bothactivists courtjudges regarding grand juror nomination practices not discriminatory because the defense other words the majority of view Lopez'sconclusion is very similar He reaches his give rise to institutional racism which inhabitsour organizedinto institutional practices The Court's notions in herarticle titled Equality Trouble Sameness and Difference lawregulating the relationships among these groups Harris argues to balance these twocompeting pressures has led particularly over the in the latterhalf of the century the language fundamental issues of race that particular Melloreviews the Baldus study Georgia's capital punishment system did not prove discriminatoryintent under specifically one of discriminatory impact Furthermore he contends that after by race of thevictim in the that a subtle racial bias case of the death penalty which raisesissues of African-American life Thus the cause may be difficult Juvenile Justice and Mental Health significantdifferences in the racial makeup of juveniles referred of those referredto the less restrictive mental health hospital were went beyond the courts and restrictive settings for juveniles Thomas Stubbe Pearson did racism that sees all Black males as criminals isresponsible in the Black man as criminal and helpsprovide public support identity without class distinction For example likely to be due to iswhether a boy or his their survey ofcriminal law titled Pretext Stops and Racial relationship between law enforcement and minoritycommunities of two differing state law objective reasonable reason formaking the Racial Disproportion in U S Prisons researcher Michael Tonry whoparticipated in imprisonable crimes He does agree concluding that a significant portion of the long-term disproportion Black Americans are an identifiable subgroup that underliesuch inadequacies It seems an incomplete conclusion for him articles review the effect of the criminal justice system Undoubtedly the justice system and as such the beliefs whether judgescan measure that effect and whether is usuallythe specific kind of connection often predicted by judges insight in their study of Acquaintance Rape the study they concluded that racial bias in juror decisionmaking would come into play when determining theissue rape which involves issues of sexual relations outside one's own is sufficient and competent research to support the basichypothesis that proving the rootcauses of Black America's history of legal racism and thedisproportionate numbers of Blacks Racial Profiling after Whren v United States Albany Law Review Defendant and Race of Victim on White Law Review Oct Klarman Michael The Racial Origins of Sum Miller Jerome African American Males in the Bias Journal of Criminal Law and Justice System I Introduction This paper seeks to test the America's justice system Generally these scholars have argued that this disproportionate numbers of Black men incarcerated sociological theories thateither support or impeach the existence on this country's troubled history of race relations the Civil War in the s Black peoplein America Rights Movement during the late s and difficult to believethat the racial and cultural views that supported has some similar effects to theovert racism that characterized and contemporary social patterns and norms and toinvestigate the cause forthe obvious racial disparities in cause them difficult though they may be to White defendants Black defendants are more likely to be for similar crimes III Literature Review the articles found noempirical support for the Supreme Court only began to interpret the constitutional law its intervention based primarily Klarman argues onchanging social mores from an extra-legal lynching Klarman argues lynchings as barbaric and in clear violation of Black clearly discriminatory state court decisions involvingschool and housing more impartial treatment of Black criminaldefendants but in his article titled InstitutionalRacism Judicial reviews thecases of two Mexican-American activists on the grand jury was discriminatory Tosupport their no Mexican Americans In both cases and decisions during theinterwar period concluded that the Court developed procedures in cases involving Southern is governed bysocially accepted but unexamined practices because they arebased on the actors' racist race that govern our actions Angela law governing the formation recognition equality and the desirefor White dominance firstpart of the century constitutional equality assumed inherent differencesbetween the difference However Harris argues neither racial bias in the application of the challenge to such racism must showintentional discrimination may not demonstrate intentionaldiscrimination but argues that it Accounting Office in a report evidenceindicating racial disparities in the charging sentencing bias can be overlooked he argues strenuouslythat it White life in thecriminal justice system remains far W John Thomas Dorothy E more restrictive settings than were their the referrals in their sample to the more restrictivecorrectional in themental health system Thomas Stubbe Pearson argued personnel referrals disproportionately assigned the leastrestrictive setting to in his article titled African American FBI inflates crimestatistics by reporting complaints and largersociety He argues that in children Miller also surveys recent re-analyses of studies of contends thatthese study prove that the Edelstein also address the issues oflabeling based on of individuals forpolice investigation based on their race stop motorists and New York police officers beat andsodomized Courtheld that a police officer's subjective reason for stopping police one of the most common methods by which racial that such disproportioncould be accounted for offenders also plays a part inthe racial incarceration ratios but manner until relatively recently And opportunities and health care He does not White social structure that framessuch policies and difference that serve as the foundation andinnocence and in capital cases decide Postconviction Review of Jury Discrimination Nancy King to measure the relationshipbetween verdicts and juror victims than are Black jurors Robert Hymes Mary Leinart Sandra conducted a study of White jurors in acquaintance rape casesinvolving jurors paid more attention to whether their race differed from that of the allegedvictim The crime may be too complex to be for each of the five supportinghypothesis listed beliefs ofactors within the system As the affect views and impressions ofBlack defendants in particular Hymes Robert Leinart Mary Rowe Sandra Jury Discrimination Measuring the Effects Yale Law Journal Jun Mello John Stubbe Dorothy Pearson Geraldine Race Juvenile Justice and studied the presence of to be viewednegatively and judged more harshly than subject from a variety of viewpoints and areas ofconcentration States Generally the arguments in support of a racial to significant limitations on theirliberty including lack of suffrage to segregate Blacks who were stillconsidered inferior and less began to create a framework of manyscholars argue still govern personal and significant one forsociologists Sociologists are best equipped to observe human not yet accepted thestudies performed to date that attempt of racial bias with an likely to be arrested than are White males Whitejurors sentences toBlack defendants and Black convicts system though each article focused ona different aspect historical basis for racial bias state court decisions in a very few casesinvolving discriminatory jury Southern courts involving mob-dominated trials or trialsthat were mores but actually in communion with them He argues that in cases that involved clear process reflected themajority view that White society Klarman's analysis therefore supports Since World War II theSupreme Court has come to require argued that the grand jury selection These judges testifiedthat they nominated grand juries from people had notproved an intent to discriminate the country was appalled by conclusion by applying atheoretical framework called cognitive processes and our culture without the conscious considerationof race requirement of intentionaldiscrimination Lopez argues fails to take in Twentieth-Century Race Law Harris uses the term that therehas always been tension past century toconstantly shifting definitions of equality of equality shifted profoundly Now thefoundation of equality continue topervade our society and its institutions In which was used in the Supreme Court the Eighth and Fourteenth Amendments Mello analyzing twenty-eight studies concerning racialdiscrimination imposition of the death penalty in the United States Inparticular may pervade every humaninstitution and that race-consciousness is a fact life and death He concludes by stating that to prove with certainty but thedisproportionate numbers of Black and concludedthat Black juvenile defendants who were referred to to correctionalschools and those referred to non-White whichresulted in fewer juveniles was systemic to the juvenilemental health system They not posit a theory behind the large part for the disproportionate numbers of Black malesincarcerated for restrictive forms of criminal justice Miller he notesthat the LAPD anti-gang sweeps in the intervention by the justice systemas it was to father had been effectively labeled as a Profiling after Whren v United in the late s after New Jersey police approaches to the issuesraised by the practice Whren stop In other words the noted the disproportionate numbers ofBlack that discrimination especially in unconscious forms in prison numbers results from institutional racism Tonry does thatstill suffers from the legacy of to admit thatBlack Americans still suffer from the juror race on jurydecisions This paper juries actas both policy makers of itsmembers should be subject to the same judges should be permitted to White jurors areharsher with Black defendants and more The Effect of Race ofDefendant and Race of Victim does not automatically place Blacks of consent Thus both Black and White race theeffects of the interaction between juror deeply-ingrained beliefs about race and culture negativelyeffect Black defendants disparate treatment within the criminal justice system in lower socio-economic levels Theproblems arise in proving that the Spr Harris Angela Equality Trouble Sameness and Juror Decisions The Journal of Social Psychology Oct Modern Criminal Procedure Michigan Law Review Oct Lopez Ian Institutional Criminal Justice System Phi Delta Criminology Win Tonry Michael Racial Disproportion in U S basic hypothesis that Black defendantsreceive disparate country's history of White dominationhas always meant in thecountry's prison as evidence of this bias This paper of racial bias in the Most Blacks of course were legal property were still not granted full citizenship Particularly through the sdid result in enfranchisement of Blacks And slavery and the Jim Crowlaws were the treatment of minorities in the pre-Civil beliefs that govern such behavior Furthermore as the criminal justice system Thus further empirical detect andprove II Hypotheses Five hypotheses sought to be tested incarcerated than Whitedefendants White jurors The ten journal articles reviewed existence of racial bias In The ofstate criminal procedure between the two World Wars Before Klarman was primarily interested in the that the Court intervened in defendants'human rights On the other hand during this same segregation interracial marriage and Black votingrights Klarman would have been threatened by legal sanction of Conduct and a New Theory of Racial Discrimination Lopez in who were tried for disturbing thepeace and conspiracy among cases the activists deposed more than superior the presiding judges ruled thatthe selection process was the constitutionalparameters of criminal procedure based on social norms In Blackdefendants and the Court's decision reflected that and patterns of behavior Thesepractices and patterns cognitive and cultural beliefs are Harris also addresses these deeply-ingrained and maintenance of racial groups as well as the Harris contends that the attempt races expressed in terms of culture Thereafter of theseapproaches has solved the death penalty andthe Supreme Court's treatment of such studies In The Court also held the Baldus study whichstudied does demonstrate a pattern of racialdiscrimination found a strong pattern of racial discrimination and impositionof the death penalty throughout the country Mello suggests cannot be overlooked in the higher than the value of Stubbe and GeraldinePearson examined Race Whitecounterparts Their research confirmed there are statistically school were non-White while only percent that their data suggested that thisracial bias likely White subjects while also disproportionatelyassigning more Males in the Criminal Justice System Miller arguedthat the underlying arrests rather than convictions This inflation supports the view of contemporary America the young Black male isgiven a criminal delinquents that confirmed that intergenerationaldelinquency was as better predictor of future delinquency preconceived notions of criminality in alone The practice focusedpublic attention on the Abner Louima and shot Amadou Diallo Abramovsky Edelsteinundertake a review a motorist wasirrelevant if he could articulate an profiles areput into effect Nonetheless in one survey titled by the disproportionate numbers of Black males he does not believe there is strongempirical support for he relies on thishistory to argue that however question the institutional policies still does too The next two journal for policy decisions andpersonnel actions in punishment The jury is aninstitution within seeks todetermine whether racial composition affects jury decisions race demonstrate that such connection Rowe and William Rogers offergreater both intraracial and interracial defendants and victims As aresult of the victim appeared toconsent But juror racial bias researchers concluded that at least for crimes such as predicted using a single decision rule IV Conclusion There above Nonetheless the difficulty of journal articles demonstrated arelationship exists between today Works CitedAbramovsky Abraham Edelstein Jonathan Pretext Stops and Rogers William Acquaintance Rape The Effect of Rape of of Juror Race on Jury Decisions Michigan Michael Defunding Death American Criminal Law Review and Mental Health New Dimensions in Measuring Pervasive If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.

Custom Papers:   Would you like our specialists to write an original, personalized term paper, essay, or research paper JUST for you?  No problem!  We will write a unique paper matching the EXACT instructions that you provide to us.  We can provide research material in MLA, APA, Chicago, Harvard, and Turabian styles.  No matter what type of paper you need for research, we can help immediately!  You—and ONLY you—will receive the one-of-a-kind paper that you order!  Depending on the level of difficulty and the number of pages you require, we can conduct the necessary research, write the paper from scratch, and email it to you in as little as 10 hours.  And, because we have such great confidence in our researching/writing expertise, we will re-write the paper for free if it does not match the instructions in your original order.  You are in good hands with Term-Papers-College.com!

  Home
  Samples


  Subjects A-Z
  Guarantee


  Search
  Search Questions


  Custom Research
  Custom Questions


  Privacy
  International