Most plea bargains consist of promise of a longer sentence if a person exercises their constitutional right to trial.
As a result, people caught up in the system, as the American Bar Association points out, plead guilty even when innocent. As one young man told me recently, "Who wouldn't rather do three years for a crime they didn't commit than risk twenty-five years for a crime they didn't do?
The U. The longer the sentence, the more likely it is that non-white people will be the ones getting it.
A July report by the Sentencing Project found that two-thirds of the people in the US with life sentences are non-white. Thus black boys are five times and Latino boys nearly three times as likely as white boys to go to jail. Remember that the US leads the world in putting our own people into jail and prison. The New York Times reported in that the US has five percent of the world's population but a quarter of the world's prisoners, over 2. The US rate of incarceration is five to eight times higher than other highly developed countries and black males are the largest percentage of inmates according to ABC News.
Even when released from prison, race continues to dominate. Race is so prominent in that study that whites with criminal records actually received better treatment than blacks without criminal records! So, what conclusions do these facts lead to? The criminal justice system, from start to finish, is seriously racist.
Professor Michelle Alexander concludes that it is no coincidence that the criminal justice system ramped up its processing of African Americans just as the Jim Crow laws enforced since the age of slavery ended.
The stigma of criminality functions in much the same way as Jim Crow - creating legal boundaries between them and us, allowing legal discrimination against them, removing the right to vote from millions, and essentially warehousing a disposable population of unwanted people.
She calls it a new caste system. Poor whites and people of other ethnicity are also subjected to this system of social control. Because if poor whites or others get out of line, they will be given the worst possible treatment, they will be treated just like poor blacks.
Other critics like Professor Dylan Rodriguez see the criminal justice system as a key part of what he calls the domestic war on the marginalized. Because of globalization, he argues in his book Forced Passages, there is an excess of people in the US and elsewhere.
Public Perception of Police Brutality and Racial Bias in the Criminal Justice System There is an obvious disparity in how the general public view fatal encounters between police and Black people. Despite the fact that more white people have been killed by police, Black and Hispanic people are disproportionately impacted.
Black people make up This does not take into consideration other forms of police brutality, including non-lethal shootings. Two-hundred and forty-one lawsuits were dismissed without any payments. LAPD has approximately 9, sworn officers.
The Effects of Police Brutality on Mental Health Police killings of unarmed Black Americans are responsible for more than 50 million additional days of poor mental health per year among Black Americans. This mental health burden is comparable to that associated with diabetes, a disease that strikes 1 in 5 Black Americans. Fatal police violence is the 6 th leading cause of death for men ages 25 to 29 across all racial groups.
The lifetime risk of dying from police violence is at its highest from ages 20 to 35, and this applies to men and women of all races. The Cost of Police Brutality While many police brutality and fatal police shootings are not prosecuted in criminal court, victims and the families of victims have been able to pursue civil judgments, which cost millions of taxpayers dollars each year.
New York City has the largest police force with 36, members serving 8. Criminal Justice System: The Courts The primary purpose of the court system is to try each case presented, render a verdict, and determine sentencing. Individual rights are protected by the Constitution in the court of law, such as follows; The right to face your accuser The right to not incriminate oneself The right to counsel The right to a jury trial The jury must be a fair cross-section of the community, which in most cases should not lead to a jury composed of a single race or gender.
Batson v. Kentucky, U. A trial usually begins with jury selection. One out of every three Black boys born today can expect to be sentenced to prison, compared 1 out 6 Latino boys; one out of 17 white boys. In recent years, New Jersey, Indiana, and Utah adopted legislation to scale back drug zone sentencing enhancements.
California lawmakers passed Senate Bill to repeal the one-year sentence enhancement for each prior prison or county jail felony term. The California Department of Corrections and Rehabilitation estimated that 10, persons currently incarcerated were serving a sentence that included a one-year enhancement. In the National Survey on Drug Use and Health, about 17 million white people and 4 million African Americans reported having used an illicit drug within the last month.
In , Congress passed the Fair Sentencing Act , which helped to erase some of the sentencing disparities related to cocaine. Gallup interviewed roughly 4, adults from June 13 to July 5, , for its Minority Rights and Relations poll about police interactions and racial profiling.
Gallup found that 24 percent of black men between the ages of 18 and 34 felt they had been mistreated by police during the past month. Meanwhile, 22 percent of blacks from ages 35 to 54 felt the same and 11 percent of black males older than age 55 agreed. These numbers are significant given that many people have absolutely no dealings with police in a month-long period. The fact that the young black men polled had contact with police and roughly a quarter felt the authorities had mistreated them during these encounters indicates that racial profiling remains a serious issue for African Americans.
A number of studies have shown that race influences the likelihood a defendant will receive the death penalty. During debate over the Senate bill in November , Republican Sen. In a floor speech on Nov. Biden said that meant the provision could apply to someone who gets into a fistfight in a national park, making their assault a federal felony.
Biden also suggested limiting the provision to crimes punishable by a decade of prison time or more, according to the Associated Press, which reported on Feb.
Nor does there appear to be an impact on crime rates. That act set mandatory minimums for crack cocaine offenses, with much harsher sentences compared with powder cocaine. But in at an event hosted by the U. I am not at all hopeful there will be [enough] senators prepared to vote with me. It said Biden was among those who had changed. The crime law called for a review of the cocaine sentencing policies by the U.
Sentencing Commission, which determined that the sentencing gap between crack and powder cocaine was too large — a defendant would need to possess times more powder cocaine than crack to be subject to the same sentence — and that the policies resulted in a racial disparity.
I was against it.
InThe Criminal Race, ratification of the 14 th Amendment technically granted equal protections by laws of Constitutional rights to African Americans — essentially meant to abolish Black Codes. Part The Criminal Race HuffPost Politics. Of the above, Type search term here. Race is so prominent in that study that whites with criminal records actually received better treatment than The Criminal Race without criminal records! Culture conflict theory, derived from the pioneering work of sociologist Thorsten Sellinemphasizes the role of culturally accepted norms of conduct in the formation of cultural groups and the conflicts which arise through their interaction. Quiz: See where you fit in the Political Typology. Researchers have highlighted media language drawing connections between intracommunity violence in black neighborhoods and supposed "moral bankruptcy" in black family structures and communities.
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