IndexIntersectionality of race and class in the criminal justice systemThe relationship between politics and incarceration ratesRacial profilingDisparities in convictions and sentences between crack and cocaineReduced legitimacy of the criminal justice system Whether or not explicit, power and privilege shape our understanding of crime and justice. This article will aim to answer the research question: “how does the criminal justice system increase racial disparities among African American males in the United States?” To answer this question, the intersectionality of race and class will need to be further analyzed. This article will begin by examining numerical differences in incarceration between Black and White youth, examine policies in place that may enable these disparities, and finally examine how incarceration fosters social inequities within the Black community. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Intersectionality of Race and Class in the Criminal Justice System Race is commonly used as a means of indicating identity and differences between individuals. Through analyzing the research, it becomes clear that there is a direct relationship between racial and class disparities in the United States. Racial threat theory seeks to explain how policies based on discrimination are employed to punish a specific population. This theory suggests that black Americans are condemned much more harshly than white Americans because they are perceived as a threat. Class biases in criminal sentencing are suggested by findings that defendants with higher levels of education receive relatively shorter sentencing times and are generally less likely to be incarcerated for drug crimes. Patterns of increased incarceration rates among Black men who have lower levels of education indicate that perceptions and stigma surrounding low-income minority neighborhoods cause disproportionate law enforcement attention in these areas . The intersectionality of race and class allows for a deeper analysis of the unjust justifications and consequences of discriminatory police practices in the United States. The Relationship Between Politics and Incarceration Rates Rising incarceration rates reflect decisions by politicians to increase the number and length of prison sentences in the United States. Rising crime rates in the 1970s and 1980s led officials to adopt a war-on-drugs approach to dealing with street crime. In the 1980s and 1990s, lawmakers signed laws that ensured that convictions not only resulted in prison terms, but that those sentences lasted for longer periods of time. The primary methods by which these sentences were carried out were the implementation of a mandatory minimum sentence, three strikes, and life imprisonment without parole. Mandatory minimum sentencing laws ensure that individuals who have committed certain crimes are given minimum prison sentences. In fact, the three strikes law would require a minimum 25-year sentence for those convicted of a third crime. These methods demonstrate a clear political choice to move from non-punitive laws to non-permissible punitive sentences for the rehabilitation of those affected. Since then there have been minimal changes in the criminal justice system that create exceptions to the scope of these laws, for example the power of a prison officer to grant holidays for good behavior. These changes, however, dolittle to address the systemic issues that enable the use of highly punitive policies in the current political environment. These policy changes have far greater consequences for specific groups than others and have exacerbated racial bias in the criminal justice system. In the book entitled No Equal Justice, David Cole argues that, These double standards are not, of course, explicit; at first glance, criminal law is color-blind and color-blind. But in a way this only makes the problem worse. The rhetoric of the criminal justice system sends the message that our society carefully protects the constitutional rights of all, but in practice the rules ensure that law enforcement prerogatives will generally prevail over the rights of minorities and the poor. By granting criminal suspects substantial constitutional rights, in theory, the Supreme Court validates the outcomes of the criminal justice system as fair. This formal equity obscures systemic concerns that should be raised by the fact that the prison population is overwhelmingly poor and disproportionately black. The double standards evident in the criminal justice system work to the advantage of those with an abundance of social and economic wealth. These policies continue to be in place due to their perceived legitimacy and justification among white Americans. Racial Profiling Racial profiling is the police use of suspects based on an individual's race, ethnicity, or religion rather than their behavior. The use of racial profiling by police officers developed from drug mule profiling created in the 1980s by the Drug Enforcement Agency as a way to address drug trafficking in the United States. Police officers were trained to look for indicators, such as nervousness and other behavioral indicators, that fit the drug mule's profile. Although the evidence did not indicate that African Americans were more likely to be involved with drugs than white Americans, they were still singled out, as DEA training materials depicted the faces of minorities to a greater degree. As a result of policy changes and training given to law enforcement, among various other factors, traffic stops have become a primary method in which community members can be racially profiled. According to the Washington Post, stop-and-frisk data only produces crime results 3% of the time. This means that 97% of the time when African Americans are stopped, they are profiled for no reason. This not only serves to refute claims about the effectiveness of profiling, but indicates that resources are being wasted on a method that produces minimal results. In the book titled “Suspect Citizens,” the authors found that: “Blacks are nearly twice as likely to be stopped as whites, even though whites drive more on average,” “Blacks are more likely to be searched after a stop,” and “just by getting into a car, a black driver is about twice as likely to be stopped and about four times as likely to be searched.” The data collected indicates that African Americans are unfairly targeted as potential crime suspects and that the use of race as an indicator of suspicion creates disproportionate results. The harm of racial profiling is much greater than many realize, this experience can cause many African Americans to distrust law enforcement and has evidently increased racial tensions in America. Rates The United States has the highest incarceration rates in the world, with 1prisoner out of 9 serving life sentence. In 2002, nearly 12 percent of black youth were incarcerated. In 2004, black men made up 43.3 percent of prisoners, although they made up only 13 percent of the total population. In 2010, blacks were incarcerated six times and Hispanics three times the rate of non-Hispanic whites. Although the number of prisons nationwide has shrunk over the years, there still remains a visible gap in incarceration rates between specific groups, and a significant number of the population remains incarcerated. Sentencing and Sentencing Disparities Between Crack and Cocaine A survey completed by the U.S. Sentencing Commission found that when black men and white men commit the same crime, black men on average receive nearly 20 percent longer sentences. the fact that white Americans commit drug crimes at a higher rate than black Americans, blacks are incarcerated for drug crimes at a rate that is 10 times greater than that of whites. Statistics show that although African Americans make up 37% of crack cocaine users, they are 21.2 times more likely than whites to be incarcerated for possession of crack cocaine. The question then is: why is crack punished so much more severely than cocaine? Crack is generally used in low-income neighborhoods because it is a less expensive form of cocaine, while cocaine is used primarily by wealthy white Americans. Because crack is considered a drug used primarily by the black population, crack cocaine users are punished much more harshly than cocaine users. The perception of crack as a “black drug” increases the likelihood that black drug users will be incarcerated: an individual found in possession of crack cocaine may be convicted of possessing just 5 grams, while nearly 500 grams of cocaine would be required to be found guilty of the same charge. In this case, poverty and racism serve as the catalyst for a drug war approach that fails to recognize why crack cocaine initially entered these communities. In other words, social and economic narratives have been ignored in determining these policies. Clearly, social perceptions and biases have a direct influence on policy implementation as white Americans remain “relatively untouched by anti-drug efforts compared to blacks,” thereby increasing sentencing disparities in the United States and serving as a means to “legitimize” the crime. perceptions in black communities. Mass incarceration worked quite similarly to the Jim Crow era of anti-black laws; further destabilize Black communities and maintain historic social and economic disadvantages. From a life course perspective, the impact of a criminal conviction lasts much longer than the punishment suffered. Evidence shows that imprisonment is closely linked to negative social and economic factors such as unemployment and restrictions on political and social rights. People of color, particularly those who are less wealthy, are most affected by the punitive policies employed by the American criminal justice system. Among formerly incarcerated black men, 35.2 percent remained unemployed, while white men experienced the lowest levels of unemployment at 18.4 percent. In addition to high unemployment, employees with criminal records also receive significantly lower wages. Men and women of color are hardest hit as the stigma surrounding past criminal convictions related to race causes employers to be hesitant in their hiring decisions. Incarceration can increase barriers to stabilityeconomy and mobility. According to Bruce Western and Becky Petit, “state prisoners on average have only a tenth grade education, and approximately 70 percent do not have a high school diploma.” As a result, past offenders generally lack the work experience, human capital, and soft skills necessary to successfully reintegrate into the workforce and obtain housing. These factors create a self-fulfilling prophecy as individuals are unable to provide sufficiently financially for their family and are more likely to return to criminal activity upon release. The National Research Council of the National Academies has found that when offenders are able to secure stable employment, their ties to criminal activity generally cease. The impact of a prison sentence is not individualistic but rather has a cumulative and intergenerational effect. Families of offenders are disproportionately affected by the financial burden during and after incarceration. A disproportionate number of those who are incarcerated grew up in poor, racially segregated neighborhoods, and their social and economic marginality is only reinforced by the resulting inequalities of incarceration. Women and children are most affected by the mass incarceration of African American men. The Welfare Reform Act of 1996 does not allow people with prior drug convictions to use cash assistance and food stamp programs. Although some states have repealed or minimized this law, many continue to enforce restrictions as directed by the law. The resulting socioeconomic disadvantages impact a family's ability to accumulate wealth and increase the likelihood that children will also be incarcerated at some point in their lives. Approximately 2.7 million children in the United States live in families where at least one parent is incarcerated. In addition to this disadvantage, there is a decrease in levels of civic and political engagement among former prisoners (riparola) and those most affected by their imprisonment. In “Politics of Race and the Criminal Justice System,” Paul Testa argues that “those most affected by disparities in the current system are the least likely to participate in politics, while those who are relatively insensitive are unlikely to recognize that the problem requires political solutions.” . This topic brings up an interesting issue in that the prevalence of incarceration among minorities, more specifically African American men, may not be understood by non-minority people because they have not been negatively impacted by the current systems in place. With this gap in understanding, many may not recognize where disproportionate incarceration problems stem from and view the fact that increasing numbers of Black men are incarcerated as an anomaly. Research supports this theory as one study indicated that while 68% of blacks perceived the criminal justice system to be biased against the black community, only 25% of whites believe the system produces biased results. Perceived bias among the black community indicates a lack of trust in the criminal justice system, but the lack of perceived bias among whites indicates the disproportionate effect of punitive laws. Furthermore, mass incarceration of black community members may minimize their ability to mobilize politically. In America, incarcerated citizens cannot vote, but those awaiting trial can legally do so. Due to structural barriers to voter registration and voting, individuals are systematically prevented from exercising their voting rights. The fact that the majority.
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