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Justice

Racial minorities in the US Criminal Justice system

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Racial minorities in the US Criminal Justice system

            It is known historically that minorities in the United States of America are put in jail more frequently than White Americans. It all started with slavery and how African Americans were enslaved for almost a century. Black people were seen as barbaric and living without civilization, so white people believed they should take matters into their own hands. It then expanded into a Black versus White controversy. African Americans were enslaved with no rights and liberty, as opposed to White slave masters who were seen as royalty and held power within their communities. After the abolition of slavery, the hatred towards African Americans continued with discrimination and segregation. Black people were being thrown in jail at alarming rates at this time since there were many protesting against the laws and situations occurring because of the new laws being put into place. Even today, this still stands true. Racism is still a hot topic in present-day American society. Many White Americans would beg to differ since they do not have to experience being a Black individual in America. Having a white supremacist as a president does not help America’s case either. All of this is the result of major racial issues that still affect American society today. This paper will focus on how race impacts the criminal justice sentencing system and how minorities are charged with crimes more often than White Americans. Racism was blatant in America’s history. Minority offenses are examples of discrimination perpetrated with the U.S. authorities’ approval or with some active involvement.

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Mass incarceration in America is common for African American people, especially men. African Americans were 34 percent of the correctional facility population in 2014 (NAACP). This trend actually gained footage during the Civil Rights Movement. During protests and riots, it was known that African Americans were being put in jail at higher rates than White Americans. The trend stems back to the Jim Crow Rule and its abolition. Black slaves were happy about the death of the Jim Crow Rule. They thought it was time for their freedom. However, according to Alexander (40), the end of the Jim Crow Rule paved the way for the birth of Mass Incarnation. This was during the 1950s when blacks were actively involved in civil rights movements. One of the points brought forth by the activists was the excessive police brutality and harassment. Alexander (42) indicates how the administration supported such cruelty. This is evident in Barry Goldwater’s presidential speech, where he argued in agreement with the conservatives that blacks would not have to worry about police brutality if they conducted themselves orderly. This was an indication that the president supported the perpetration against blacks. To this end, it is right to conclude that the abolition of the Jim Crow Law intensified segregation of blacks and paved the way for the discriminatory justice system.

The enactment of the Civil Rights Act that followed the Jim Crow abolition changed the so-called politics of imprisonment to a racial affair. The US has remained a racially segregated country with respect to the Justice System. According to Kilgore, the sentencing for black Americans has been punitive rather than restorative or even rehabilitative (61). Heather notes that over the years, people of color, and more so the poor, have suffered disproportionate incarceration. The assumption since the increase of incarcerations for blacks in the 1980s has been that large numbers of felons are removed from poor communities and that such offenders return to the same neighborhoods after their sentence. This has been a baseless foundation and reason for prolonged sentences for the criminals from the poor communities, who, in most cases, are wrongly accused (Kilgore 67). In the opinion of non-partisan scholars in criminology, such practice propagates victimization instead of curbing crime. The practice is, therefore, not in line with the principles of an efficient justice system.

The increased incarceration for black Americans has had far-reaching impacts for both children and parents, especially the males. Kilgore quotes that 25 percent of African American children at the age of 14 have had an experience of one parent, in most cases, the father being imprisoned for some time. An article published by the New Yorker backs this by adding that 10 percent of school-going children of Black Americans have a parent in jail. This figure was more than four times the share in 1980. The corresponding share for children of the Native White Americans is 4 percent. Additionally, it has been declared that the likelihood of a black American child to have a or have had an imprisoned parent is 6 times more than that of the white child. These statistics are clear indications that the justice system segregates African Americans. Since the enactment of the drug laws in the 1980s, Most Black Americans even today end up incarcerated for drug-related crimes. It is, however, worth noting that in today’s America, blacks are no more likely than whites to sell drugs. This creates a basis for another presumption, a presumption that African Americans are involved in drug trafficking and drug use more than the whites.  The Justice system ought to open to the truth and save the children of the blacks who end up struggling with cognitive growth, learning disabilities, homelessness, and dropping out of school in some cases as a result of having their parents imprisoned for long.

America has been identified to have the highest incarceration rates in the world. This has been brought forth in a The New Yorker article dated November 18, 2018, which was titled America’s Incarceration Crisis. According to the article, the nation seems to have noticed the wide gap and racial disparity in the justice system. As a result, the Senate is moving to enact what they branded the First Step Act, a legislation that aims at addressing some statutes such as the mandatory sentencing with respect to racial disparities. The article reflects a number of the previous case of incarceration about the blacks. The most fascinating is the case of Khalif Browder, who was arrested for stealing a backpack and held for more than a thousand days without conviction. Kilgore notes that remanding and unlawful detainment are among the impunities suffered by African Americans. The New Yorker also mentions that such confinements come with profound trauma and psychological torture.  The state’s realization pointed out in the New Yorker should not be something to smile about. The nation needs to change its morals and perceptions instead.

In conclusion, the minorities in America do suffer not only frequent jails compared to the whites but also suffer long jail terms. The Jim Crow Law shaped the habit during the slave period. It has been transited through history and generations. Black offenders fill correctional facilities, many of who are disproportionately sentenced, and others were wrongly charged. The presumption that poor blacks are lawbreakers has led to increased incarceration for blacks. Black American children have suffered a lot as a result of this. Us seems to have realized the problem and is taking action, evident in the passing of the First step Act. The state, however, needs to change its morals and perceptions towards the blacks entirely.

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