Racial Disparities in the U.

S Court Systems

Racial Disparities in the U.S Court System

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Racial Disparities in the U.S Court Systems

In recent years, race has become a hot topic in the United States. Many issues are being

raised, including how minorities appear to be treated differently in court than other groups. In an

article from VA Lawyer Magazine, it is reported that “approximately two million Americans—

two-thirds of whom are black or Hispanic—are in prison or a jail cell.” 5” (Unequal Justice

under the Law—Racial Inequity in the Criminal Justice System: by Clarence M.

Dunnaville, Jr. is a fictional character. “Sixty-eight percent of African Americans believe

they are treated worse than white people, and almost 45 percent of white people surveyed agree

with this perception,” according to the articles. (From Clarence M. Dunnaville, Jr.'s Unequal

Justice under the Law—Racial Inequities in the Justice System.) We can all see the inequities in

our criminal justice system as a society. It's past time for a change.

Our criminal justice system has a huge problem with our courts setting bail for

minorities in an unjust and unequal manner. Minorities face tougher bail conditions than

Caucasians, which make up the bulk of the population in the United States. African Americans

are more likely than white prisoners to be released on monetary bail. In fact, black defendants are

11.2 percentage points more likely than white defendants to be granted monetary bail, and their

bail amounts are $14,376 higher if they are granted monetary bail. (By David Arnold, Will

Dobbie, and Crystal S. Yang, Racial Bias in Bail Decisions). That's a colossal amount. It's not

that the two groups are committing different types of crimes; it's just a matter of race. How is it

fair to obtain a higher bail amount just because you committed a felony and are of a different

race? Bail should be determined based on the crime and nature of the crime, not on a judge's

prejudice.

Sentences are another problem that minorities face. Minorities are subjected to stricter

punishments than Caucasians. This is a far more critical situation. You're concerned with

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someone's life when you sentence them to jail. They will not be able to recover this time. Were

they the ones who committed the crime? Yes, but only because they are of a different race does

not grant our legal system the authority to determine whether or not they are entitled to equal

protection under the law and they need to serve more time... A study on the death penalty had

one figure that stood out to me. “A new Justice Department study showed that 80 percent of

defendants sentenced to death in federal courts were minorities, and the highest number of death

cases are from Virginia,” according to a vat lawyer magazine post. (From Clarence M.

Dunnaville, Jr.'s Unequal Justice under the Law: Racial Inequities in the Justice System.)

The death penalty is the most severe penalty that a judge can impose. It's about ending

someone's life. If anyone is sentenced to death, it should be for all facets of the crime, not only

because they are African American or Hispanic. How is it fair if a white man and a black man

commit the same crime and one gets the death penalty while the other gets life in prison? When

crimes are committed, I truly feel that sentencing should be solely based on the crime itself. A

separate survey was performed on drug-related crimes. “The Richmond Times-Dispatch reported

on June 8, 2000, that black males in Virginia were incarcerated for drug crimes at a rate 21 times

higher than white males in 1996, and at a rate 13 times higher than white males nationally,”

according to the same article (Unequal Justice Under the Law— Racial Inequities in the Justice

System by Clarence M. Dunnaville, Jr.). When it comes to drug-related incarcerations, 21 times

higher is a stunning figure. Although this survey was conducted in 1996, it still demonstrates

how unequally our minorities are viewed.

One policy reform I would make is in the way sentences are handed down. The judge in

charge of the case currently has a summary of sentencing within fair bounds. At this point, it's

safe to assume that the judge hearing the case is aware of both the defendant's and the victim's

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race. I believe that having another judge oversee the case and come up with what they believe is

a reasonable punishment without knowing the race of the defendant or the victim, and comparing

it to the judge who heard the case, will reduce racial prejudice. How can a judge be racially

biased without understanding the ethnicity of either party? If there is a significant difference,

items can need to be reconsidered in terms of the proper sentence. Unfortunately, our judicial

system lacks the necessary judges and staff to re-evaluate any case. There are lawsuits that have

been in line for many years and have yet to be heard or go to trial. Having each case reviewed

twice for sentencing purposes will simply add to the amount of time it takes to close a case. But,

if it were practicable, I believe it would reduce a lot of the unjust sentencing. If the facts were

known to the second judge but not the race of the defendants, the judge hearing the case could

think twice about imposing an unjust sentence.

If our country's racial gap becomes more visible, I expect more pushback in terms of scenting

and actual court cases. We are now seeing demonstrations against police brutality against

minorities; but, once a fire is lit, it is impossible to put it out without taking the required steps to

improve the way our criminal justice system handles minorities.

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References

VA Lawyers Magazine, 2000; VA Lawyers Magazine, 2000

Dunnaville, Jr., Unequal Justice under the Law— Racial Inequities in the Justice,

Clarence M, System, http://www.vsb.org/docs/valawyermagazine/dec00dunnaville.pdf

May 2017 at Princeton University

David Arnold, Will Dobbie, and Crystal S. Yang discuss racial bias in bail decisions.

https://www.princeton.edu/wdobbie/files/racism.pdf