Racial disparity in u.s prisons
MBOGO .W. APOLLO (MOI).
Racial disparity in prisons in America can be conceptualized as a situation where the population of a specific group of people is the most in the criminal justice system as compared to the general population. Prisons in U.S.A are a significant constituent of the criminal justice system. The main function of the American prisons is to protect society from violation of law, to rehabilitate also punish the law breakers in order to assist them to be responsible members of the society. The prisons in the state continue to grow in order to meet the demands of the correctional and the criminal ...view middle of the document...
6). Ineffectiveness in the procedural bars is difficult to prove because the lawyers are ineffectual (Tabak, 1999, p.6). An individual may seem quite hopeless when he/she chooses anyone to try appealing the case concerning an ineffective ruling of the council. The discriminative actions done against the minorities may not be felt most of the times in the justice system. Jury and venue selection are another area where the racial disparity is experienced. The other issue that poses the challenge of racial discrimination in the prisons is the selection of racial jurors. There are remarkably few African- American jurors in the criminal justice system which predisposes the African- American citizens to mistreatment. There is the abuse of power among the prosecutors against the African- American citizens. More whites are usually used in every trial in the criminal justice system. The exclusion of the minority groups in the jury is a significant factor that prevents the accomplishment of an objective, free and impartial judgment (Tabak, 1999, p.6).
The black Americans are commonly known to live in the in the Ghetto regions which are characterized by multiple problems. Some of the problems include the drug addiction. The penalties imposed on the drug trafficking are generally harsher than those imposed on the white collar crimes. The normal law violations which are predominant in the black American residents are normally treated unfairly. In addition, the emphasis of the American society that the black Americans are a menace usually culminates into long term effects to them. Stereotypes from the whites pertaining the black citizens that they are potential menaces in the society has resulted to the African- American being treated with a lot of contempt (Kennedy, 1996,p.20).
According to Kennedy, courts normally authorize the law enforcers to be partial in their handling of the different criminals on the basis of their races. They believe that a different race from the whites is more likely to commit crimes as compared to a white in a similar condition (Kennedy, 1996, p.20). These issues in the long run penetrate deep into perceptions and fear which culminates into racial disparity of the sentencing. Statistics also show that blacks and the Hispanics serve a greater sentence than their counterparts, the whites, even if having committed similar crimes (Silas, 1983, p.1355). Other studies show that the type of the crimes committed also account for the racial disparities in the United States prisons. The prior criminal records of individuals and the seriousness of the crime are significant factors that account for the differences in the sentencing (Chirico, 1991).
The legal justice system needs to be revolutionized in the U.S.A to allow for transparency and accountability in the prisons. The declaration of the equal rights act by one of the former American presidents, Abraham Lincoln, was a pivotal focus in ensuring that all the sectors...