LAW AND CRIMINALITY

TO WHAT EXTENT DOES RACIAL PREJUDICE EFFECT PRISON INMATES IN THE 21 ST CENTURY?
INTRODUCTION
Racism is a form of prejudice that assumes that the members of racial categories have
distinctive characteristics and that these differences result in some racial groups being inferior
to others. Racism generally includes negative emotional reactions to members of the group,
acceptance of negative stereotypes and racial discrimination against individuals; in some cases,
it leads to violence.
Discrimination refers to the differential treatment of the members of different ethnic, religious,
national or other groups. Discrimination is usually the behavioral manifestation of prejudice and
therefore involves negative, hostile, and injurious treatment of members of rejected groups.
CAUSES AND CONSEQUENCES

 Misrepresentation about people of different races or ethnicities influences criminal

justice outcomes.
 Biased policies and practices are put in place against racially diverse prisoners or
inmates such as harsher punishments, violence and stricter rules and regulations.
 Criminal history records are mostly used strongly against racially diverse inmates
marking offences on permanent records causing no chance for inmates to redeem
themselves.
 Systemic biases in criminal justice policies may disproportionately impact minority
communities.
 Unjust targeting of individuals based on their race by law enforcement can contribute to
higher rates of arrests for certain racial groups.
GLOBAL AND NATIONAL CONSEQUENCES
GLOBAL CONSEQUENCES
According to a report published by the sentencing project (1) on October 13, 2021:

 Black Americans are incarcerated in state prisons at nearly 5 times the rate of White
Americans.
 Nationally, one in 81 Black adults in the U.S. is serving time in state prison. Wisconsin
leads the nation in Black imprisonment rates; one of every 36 Black Wisconsinites is in
prison.
 In 12 states, more than half the prison population is Black: Alabama, Delaware, Georgia,
Illinois, Louisiana, Maryland, Michigan, Mississippi, New Jersey, North Carolina, South
Carolina, and Virginia.
  Seven states maintain a Black/ White disparity larger than 9 to 1: California,
Connecticut, Lowa, Maine, Minnesota, New Jersey and Wisconsin.
 Latinx individuals are incarcerated in state prisons at a rate that is 1.3 times the
incarceration rate of whites. Ethnic disparities are highest in Massachusetts, which
reports an ethnic differential of 4 to 1.
This report shows how racial prejudice is still present in prisons even in the 21 st century.
Instances of racial bias in prison systems can tarnish the global perception of a country's
commitment to justice and equality. It can affect diplomatic relations and international
collaborations as nations may be judged based on their human rights records. Instances of
racial prejudice in prisons can contribute to social unrest and protests, not only within the
affected country but also garnering attention and solidarity globally. Movements against
systemic racism and injustice, such as those seen in response to incidents in the United States
and elsewhere, have demonstrated the international interconnectedness of these issues.
NATIONAL PERSPECTIVE
Pakistan is a culturally and racially diverse country, instances of racism still occur here. Racial
discrimination does exist in Pakistan in several subtle as well as manifest forms, and
unfortunately, in state policies as well. Unfortunately, even in the 21st century Pakistan is not
free of this social evil, and it is a pity that even in the judiciary system of Pakistan, racial
discrimination is practiced.
According to reports published by The Newyork Times (2), Wikipedia (3) and Dawn News (4):
An incident which occurred in 2011 shows how race was taken into consideration to make a
decision. Raymond Allen Davis is a former United States Army soldier, private security firm
employee and contractor with the Central Intelligence Agency (CIA). On January 27, 2011, Davis
shot two men in the back, killing both, in Lahore, Pakistan. At least one of the men was armed.
Immediately after the shooting, a car coming to aid Davis killed a third Pakistani man, Ibadur
Rahman, in a hit and run while speeding on the wrong side of the road. Davis was taken to Kot
Lakhpat prison, on the industrial fringes of Lahore, a jail with a reputation for inmates dying
under murky circumstances. He was separated from the rest of the prisoners and held in a
section of the decaying facility where the guards didn’t carry weapons, a concession for his
safety that American officials managed to extract from the prison staff. The United States
Consulate in Lahore had negotiated another safeguard: A small team of dogs was tasting Davis’s
food, checking that it had not been laced with poison. In the aftermath of the incident, the US
government contended that Davis was protected by diplomatic immunity because of his
employment with the American consulate in Lahore. By mid-February 2011, with Davis still
sitting in prison, anti-American passions were fully inflamed, and daily street protests and
newspaper editorials demanded that the government not cave to Washington’s demands for
Davis’s release but instead sentence him to death. Lahore’s high court was preparing to rule on
whether Davis would be granted diplomatic immunity, a decision the C.I.A. expected to go
against the United States and worried might set a precedent for future cases in Pakistan. Davis
remained in the dark about all of this. When he arrived for his court appearance on March 16,
he was fully expecting to hear that the trial would proceed and that the judge would issue a
new court date. He was escorted into the courtroom, his wrists cuffed in front of him, and
locked inside an iron cage near the judge’s bench. According to one person’s account, General
Pasha sat in the back of the courtroom, his cellphone out. He began sending out a stream of
nervous text messages to Ambassador Munter, updating him about the court proceedings.
Pasha was one of the most powerful men in Pakistan, and yet the I.S.I. had little control over
the mercurial courts in Lahore, and he wasn’t entirely sure that things would proceed according
to plan. The first part of the hearing went as everyone expected. The judge, saying that the case
would go ahead, noted that his ruling on diplomatic immunity would come in a matter of days.
Pakistani reporters frantically began filing their stories about how this seemed a blow to the
American case, and that it appeared that Davis would not be released from jail anytime soon.
But then the judge ordered the courtroom cleared, and General Pasha’s secret plan unfolded.
Through a side entrance, 18 relatives of the victims walked into the room, and the judge
announced that the civil court had switched to a Shariah court. Each of the family members
approached Davis, some of them with tears in their eyes or sobbing outright and announced
that he or she forgave him. Pasha sent another text message to Munter: The matter was
settled. Davis was a free man. In a Lahore courtroom, the laws of God had trumped the laws of
man. This caused many protests in Pakistan about how Davis should have been punished and
also affected Pakistan and Americas relations. It shows how a decision was made because of
the insistence of American officials and how Davis did not have to serve his punishment, but if
someone of another race was in his place, they would have been hanged according to law. This
shows how racial discrimination takes place in prisons in Pakistan even in the 21 st century.
COURSE OF ACTION
A report published by National Academics (5) mentions that to reduce racial inequality in the
criminal justice system, government should explore ways to reduce police stops and long
sentences. Reducing Racial Inequality in Crime and Justice: Science, Practice, and Policy says
research has documented substantial racial and ethnic disparities in the criminal justice
process. Black Americans, Latinos, and Native Americans all experience higher rates of arrest,
pre-trial detention, incarceration, and community supervision compared to White people.
While racial disparities in incarceration have declined over the last two decades, these
communities still face relatively high rates of imprisonment. The impacts of disproportionate
contact with the criminal justice system for Black, Latino, and Native American communities
also persist. The United Nations Office on Drugs and Crime (6) published a report in which it
states that The United Nations Human Rights Office has launched its fight racism campaign to
foster a global culture of tolerance, equality and anti-discrimination. UNODC is the lead for
criminal justice in the UN Network on Racial Discrimination and Protection of Minorities. On
19th of March the Network is launching its Checklist to strengthen UN work at country level to
combat racial discrimination and advance minority rights. Anthony W Batts, a police officer
commissioner, comments that to end racial prejudice in prisons, we can learn from successes
based on tested innovations. We can improve our policies, practices and everyday decisions. On
a global level international organizations need to collaborate and come up with the best
strategies on how to end racial discrimination in prisons worldwide. On a national level, the
country needs to collect and analyze data on previous arrests and then come up with policies
on how to end racial discrimination. Criminal law professionals should be trained properly and
courses on diversity and equality should be introduced in the curriculum for them. On a
personal level one should educate themselves and others on racial prejudice in prisons and its
impact and engage in conversations related to this issue to raise awareness.
SOURCE EVALUATION
The sentencing project is considered a strong source as it is a reputable and credible source for
information on criminal justice issues, particularly related to sentencing and incarceration in the
United States. It is a nonprofit organization that conducts research and advocates for criminal
justice reform. The New York Times is considered a moderately strong source as it is one of the
most well-established and widely respected newspapers in the United States. The New York
Times has a long history of journalistic integrity and has won numerous awards for its reporting.
However, newspapers can be biased towards a specific issue. Wikipedia is a moderately weak
source as it has a collaborative online encyclopedia where articles can be edited by anyone with
internet access. The open editing model means that the accuracy of information can vary, and
errors may exist. Dawn News is a reputable English-language newspaper in Pakistan. It is known
for its coverage of national and international news, politics, business, and cultural affairs. Dawn
has been a prominent media outlet in Pakistan and is considered one of the country's leading
newspapers. However, newspapers can be biased towards a specific issue depending on the
editor and writer, which makes them a moderately weaker source. The National Academies of
Sciences, Engineering, and Medicine (NASEM) is widely considered a strong and reliable source
of information. The United Nations Office on Drugs and Crime (UNODC) is generally considered
a credible and authoritative source for information related to its mandate, which includes
issues such as drug control, crime prevention, and criminal justice.
REFLECTION
Racial prejudice against prison inmates underscores systemic inequalities within the criminal
justice system. It reveals how racial bias can contribute to disproportionate incarceration rates,
harsher sentencing, and limited access to equitable treatment. It is very disappointing that even
in the 21st century, discrimination based on race still exists. Now is the time to raise voice
against such discriminations, so the coming generations are free of this social evil. On a
personal level, one can raise awareness about these issues, engage in conversations that
challenge stereotypes and prejudices, and support organizations working towards criminal
justice reform. Taking steps to educate oneself on the complexities of systemic racism and
advocating for fair and unbiased policies can contribute to fostering a more just and equitable
society.
CITATIONS
1: https://www.sentencingproject.org/reports/the-color-of-justice-racial-and-ethnic-
disparity-in-state-prisons-the-sentencing-project/
2:https://www.nytimes.com/2013/04/14/magazine/raymond-davis-pakistan.html
3: https://en.wikipedia.org/wiki/Raymond_Allen_Davis_incident
4: https://www.dawn.com/news/1342271
5:https://www.nationalacademies.org/news/2022/11/to-reduce-racial-inequality-
in-the-criminal-justice-system-government-should-explore-ways-to-reduce-
police-stops-detention-and-long-sentences-says-new-report
6: https://www.unodc.org/unodc/justice-and-prison-reform/cpcj-end-racism.html