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AshleySimpsonFirstPaper 2 - 26 Feb 2010 - Main.AshleySimpson
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The Merits of Increasing Minority Presence in the Criminal Justice System | | | -- By AshleySimpson - 23 Feb 2010 | |
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> | It is important that minorities take positions in the criminal justice system in order to achieve greater fairness in both the perception and the application of the law. Though the mere presence of minorities in law enforcement, government prosecution and the judiciary is not a sufficient means on its own to stop the growing disparity between minorities and white criminals as represented in incarceration rates, their presence is a necessary step in the process of reducing the institutional biases, that among other problems contribute to the disproportionate incarceration of minority groups, especially with respect to the black community. | | | | |
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> | The Incarceration Disparity | | | | |
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> | As of 2005, the national average ratio of Black to White prisoners and the ratio of Hispanic to white prisoners were both 1.8 to 1 and as of 2008, the total number of individuals incarcerated was 2,304,115. Institutional biases have contributed to a situation in which members of certain groups are targeted, thereby increasing their prison terms. For instance, the difference between sentencing of powder and crack cocaine is believed to target minorities from lower socio-economic backgrounds who are more likely to deal with crack than its more expensive powder alternative. The same drug in different form has garnered a 100 to 1 ratio in terms of its sentencing and that disparity has manifested itself as higher incarceration rates of black people. Interest groups that work to change this and similarly debilitating policies play an important role in ameliorating the incarceration disparity by attacking the policies directly. However, the black community’s perception of criminal justice officers needs to be ameliorated as well. | | | | |
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> | Minority Participation as a Safeguard Against Institutional Racism | | | | |
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> | There is a long history in the United States of black communities not only being deprived of justice but also being targeted by the justice system. The war on drugs serves as a testament to the contention that this problem persists. The toll that this perception takes on minority communities is that it polarizes the authority and those communities. Racially motivated investigations and stops all build into the perception that law enforcement will not treat minority groups fairly. Encouraging minorities to take positions in the criminal justice system would work to alleviate this problem. The presence of black people in the criminal justice system facilitates the perception among the black community that there are advocates or at least individuals who will listen to them and be more sympathetic to their points of view. Their familiarity with the minority culture and community colors their interactions. Minorities working within the criminal justice system can promote both informal and formal cultural training so that the entire criminal justice staff can better interact and understand different community perspectives. When black communities take ownership of their criminal justice system through participation, they take ownership of the application of laws. Individuals who abuse their discretion by engaging in racially motivated arrests and prosecutions are more accountable when a group joins the justice process as opposed to allowing it to victimize them. | | | | |
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> | While it is true that these officials-- police officers, prosecutors and judges -- are subject to institutional constraints such as arrest quotas and the pressure to prosecute certain offenses, their perspectives as minorities and their interests as citizens remain. Some might also argue that black law enforcement officials are more racist or just as racist than other police officers. Being a minority does not protect individuals from various biases however in some cases, it will frame how that police officer deals with different cultures and understands them. Regardless, the more minorities take part in their justice system, the better able they are to control racially motivated abuses of discretion no matter who commits them. | | | | |
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> | Race in the Judiciary | | | | |
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> | Justice Sotomayor has been both criticized and praised for her statements on the perspective of race in the judiciary. Though I disagree with her 2001 statement “that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,” I do believe that her perspective gives an understanding of facts that can potentially contribute to fairer conclusions. Law is not a science or a formal application of rules to specific fact patterns so to achieve an exact or “correct” solution in each application. Rather it is a fluid interpretation that is subject to the perspectives of those who administer it. While all white judges do not have the same perspective, minorities have different views. If these views are not allowed access to the judicial process, it will lead to the marginalization of those groups. Justice Sotomayor’s status as a Latina may not make her a better judge than her white counterparts but she enhances the process nonetheless through her understanding of those perspectives. The presence of other minority viewpoints would likely do the same. | | | | |
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> | Conclusion | | | | |
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> | There are many methods by which the institutional biases of the justice system can be alleviated. Groups like the Legal Defense Fund and the Sentencing Project are effective organizations that work to pressure the criminal justice system to reform its institutionalized biases, especially with regard to drug policies and three strikes legislations that significantly contribute to minority incarceration rates. But, having said that, they obviously cannot reform the 200 year-old system on their own. A multi-lateral approach must be taken to effectively reform and maintain changes in policy and its application. There is value in promoting a criminal justice system that represents all communities, even if it is simply to give that system legitimacy or the perspective necessary to truly navigate the complex racial and legal issues in our society today. | | | | |
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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
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AshleySimpsonFirstPaper 1 - 23 Feb 2010 - Main.AshleySimpson
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| META TOPICPARENT | name="FirstPaper" |
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Paper Title
-- By AshleySimpson - 23 Feb 2010
Section I
Subsection A
Subsub 1
Subsection B
Subsub 1
Subsub 2
Section II
Subsection A
Subsection B
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line:
# * Set ALLOWTOPICVIEW = TWikiAdminGroup, AshleySimpson
Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list |
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