CRIMINAL JUSTICE SYSTEM

Criminal Justice System

Abstract

In this study we try to explore the discrimination in criminal justice system of United States in a holistic context. The main focus of the research is on discrimination in criminal justice system and its relation with race and crime. The research also analyzes many aspects of such discrimination and tries to gauge its effect on society. Finally the research describes conclusion and suggestion for dealing with this critical issue of our society.

Table of Contents

Introduction4

Discussion5

Literature Review5

Identification of Assumptions in Models5

Assessment of Validity of Arguments in Models6

Presentation of Corollary Positions and Perspectives6

Development of Conclusions Based on Literature7

Discussion of Potential or Actual Implications8

Consequences Resulting from Specific Models9

Conclusion and Relevant Solutions10

References12

Criminal Justice System

Introduction

One of the hallmarks of a civilized society is the system by which those who break the law are apprehended and punished. In order for that system to be credible, the public must be confident that, at every stage of the process, individuals are treated the same, regardless of race, ethnicity, gender, or socioeconomic status. Unfortunately, America's criminal justice system has failed to fulfill that principle (Criminal Justice, 2005). Although most representatives of the criminal justice system are inclined to be "fair" and "just", the historical and systemic racism that permeates America makes it virtually impossible for racial minorities to receive equal and fair treatment on a consistent basis under the current criminal justice system. Some scholars believe that racial discrimination occurs at every stage of the criminal justice process. Minorities are believed to be victimized by disproportionate targeting and unfair treatment by police officers which increases their chances of being arrested; by racially biased charging and plea bargaining decisions of prosecutors which increases the severity of their convictions; by discriminatory sentencing practices which causes them to receive longer prison terms; and by the failure of elected officials and criminal justice representatives to rectify the inequities and disparities that are marginalizing a race of people (Garland and David, 2002). It is becoming more apparent that incarceration, as evidenced by the mass imprisonment of nonviolent minority offenders, is being used as a means to further marginalize racial minorities in America.

Discussion

Literature Review

Past studies on racial discrimination in the criminal justice system have tended to focus on only one stage or aspect of the system, such as arrests, prosecutorial charging decisions, or sentencing outcomes. Many of these single-stage studies conclude that there is very little overt discrimination in the criminal justice system. Although overt forms of discrimination may be a thing of past, discrimination nonetheless continues to play a vital role in the criminal justice process. One of the major criticisms of single-stage studies is that they are unable to detect racial discrimination that exists in other parts of the system which contributes to the conclusion of no discrimination (Boritch, 1997). Research has fairly consistently shown that small effects of race that may not be statistically significant at any single stage add up across multiple stages. Single-stage studies may conceal racial discrimination if, in the aggregate, two forms of discrimination cancel ...