Instituional Racism and the Racial Disparity in the United StatesCriminal Justice System.

Institutional Racism and the Racial Disparity in the United States Criminal Justice System
Student’s Name
Institutional Affiliation
Abstract
The United States is among the most diverse democratic nations in the world. The nation’s gains in economic success nonetheless, are not shared uniformly across society, as whole fragments of the communities of America have become marginalized. One essential element of this marginalization is the contrasting treatment persons of color receive incrementally across the entire spectrum of the Criminal Justice System of America. Ethnic and racial disparities cultivate mistrust in the Criminal Justice System, and this slows down the ability to promote public safety. Institutional Racism is a form of disparity that is borne out of policies within institutions that racially disadvantages a section of people while benefitting another group. The issue is rampant within the Criminal Justice System in the United States, and many minorities have accused the system of racial bias against members of their group. While the issue of race being perpetrated on a national scale is a matter up for debate with some people claiming that racism has majorly been addressed, some believe that racism has evolved and taken other forms. Racism has historically seen injustices meted on minority groups that have been subjugated, racially abused and denied equal access to resources. Recent developments have seen significant improvement in that regard. However, the perception among the minority group is that racism is still an issue (Doane, 2007).

In this paper, institutional racism and primarily within the United States Criminal Justice System forms the point of focus. The paper goes further to discuss racial disparity in addition to strategies that will help reduce racial disparities.
Introduction
Racism is a concept in which a group of humans believes that their race is superior to another and treats members of the other races with little to no respect. Individuals of the races considered inferior can also exhibit racism by reciprocating the hate they are subjected to from the ‘superior’ group. Racism as a concept has been around for centuries and literature and philosophers can attest to that. Due to racism and racist individuals and institutions, people have been subjugated and condemned to slavery and economic inequalities for years (Estlund, 2012). In the recent past, progress has been made in the fight to eradicate racism. Most developed countries have openly denounced racism, policies have been passed to fight the injustices and most people honestly fight racism. In the past, it was difficult for people who were considered inferior in those societies to gain any form of recognition. Nowadays, it is common for people long regarded as inferior to be seen holding positions of power in those very societies. This does not mean that racism has been eradicated. The reality is far from it. It only shows that significant steps have been taken in the right direction. Policies such as affirmative action have contributed towards trying to address the injustices that have been meted out for centuries on some groups of people (Zack, 1998).
Debate on the recent times has shifted to address the issue of whether institutions are racially biased. For instance, in the United States of America, the minority groups such as Black Americans and the Hispanics believe that the issue of racism still exists that they there are systematic social injustices on their group of people. On the national scale, debaters do not agree to this fact. Debaters and some philosophers have argued that the issue of racism has been adequately addressed and the members of the minority groups such as the Black Americans are only still wallowing in the state of victim mentalities. The debaters argue that the issue of racism is just mental and that the racism claims from the Black Americans cannot be substantiated. However, some debaters have highlighted that institutions are meant to bring harmony in the society. If organizations are created to foster harmony and address injustices that have been deep-rooted in these societies, it is essential that they are not just meeting justice but perceived to be just (Petersilia, 1983). In this regard, it is crucial for these institutions to do whatever it takes to convince the minority groups that do not believe in them of their just cause. Instead of just claiming that the minority group is still affected by the victim mentality and that they are not taking steps to take advantage of the equal opportunities that are provided to them, they need to educate and convince the minority groups through actions. In this paper, the issue of institutional racism will be discussed in detail with particular emphasis on racism within the Criminal Justice System in the United States of America.
Definition of Racial Disparity
Racial disparity is a situation in which members of a minority group are segregated by institutions when making appointments or in employment cases (Petersilia, 1983). This situation usually is systematic, and it is perpetrated by people or organizations that are rooted in racism.
The Impact of Racial Disparity
Disparities in the race have an impact on both individuals that are directly affected by the actions and the collective minds of the people in the societies where such injustices are perpetrated. When a particular group of people continually receive favors based on the color of their skin, such people soon tend to believe that such favors are rightfully theirs. The group tends to inculcate in them a sense of superiority over the minority group. Such groups tend to believe in any situation that their kind should be considered first whenever anything is at stake. The racial disparity issue also affects the minority groups that are being continually subjected to these injustices. The disparity and injustices cultivate feelings of hate between these two groups of people, and it is normal for these groups of people to be violent towards one another whenever any altercation arises. The impact runs deep and threatens the social fabric and the cohesion that most countries and societies aim to achieve for peaceful co-existence.
Commonly Identified Causes of Racial Disparity in the Criminal Justice System
In the Criminal Justice System in the United States, racial disparity is a historical issue. Historical injustices thought the media tends to portray that they no longer exist still do affect the Criminal Justice System. The people tasked with the responsibility of implementing the law and policing is usually the ‘superior’ group, whites. In the Criminal Justice System, social profiling of individuals is also the primary factor that causes racial disparity. It is common for Black Americans to be profiled as criminals in the United States. This has been the issue for ages and still is an issue. The other main reason that has openly continued to racial disparity is the fact that minority group does not believe in these institutions (McGary, H. 1997). In fact, the minority people blame the Criminal Justice System for most of their ordeals. Therefore, they do not want to join the same group of people that they believe are the cause of their misery and the misery of their group.
Higher Crime Rates
Higher crime rates are standard among the Black Americans and in the Hispanics communities. While that may be true, the reasons behind this very issue may lie on the historical injustices that have been meted out to these people (Wilbanks, 1987). The minority groups have always been subjected to discrimination in the appropriation of resources and opportunities. Due to this, it is common to have more people within those groups that have been frustrated by the society despite their noble efforts and turn to lives of crime. It is a well fact that ghettos are predominantly occupied by the minorities and poverty and frustrations frequently lead these people to lives of crime.
Inequitable Access to Resources
Unequal access to resources ranks supreme as the main result of racism. The minority groups are often discriminated based on their color and denied equal access to resources. It is this inequitable access to resources that fuel the hate from the minority group on the majority group or whites in the United States. Inequitable access to resources is a social injustice that has been perpetrated for years, and a fight to end racism is synonymous with a battle to achieve equitable access to resources (Gordon, 1993).
Legislative Decisions: Example, the War on Drugs
Legislative decisions play a significant role as far as racism, and institutional racism is concerned. When people have inequitable access to resources, they usually opt to wicked ways to make a living. Additionally, most people in the ghettos have a lot of idle time, they have a mutual hate for the system, and they openly want to defy laws (Shelby, 2005). A combination of these factors makes the ghettos and the minority groups primary targets for drugs. Therefore, a legislative decision such as the war on drugs may mistakenly be viewed as injustice on the minority group, and activists usually use these examples to show that the system hates the minorities and often profiles and targets them during such operations. While these issues are rampant, there is no proof that drug use is predominantly among the minorities, in fact, the whites are just affected by drug use if not more.
Overt Racial Bias
Overt racial bias is different from the institutional racial bias that is the basis of this paper. In overt racial bias, the individual perpetrating the act of racial bias is doing it because they do not condone the act of racial prejudice or that they are racists. Institutional racial preference is based on policies passed by institutions that are racially biased even though the leaders of such systems may not be racially biased themselves.
Manifestations of Racial Disparity at Key Decision Points in the Justice System
It is essential that racial disparity is non-existent in crucial decision points in the Justice System. If an ethnic difference exists in such places, then it is normal for any decisions taken at such points to be subject to scrutiny. Additionally, the racially biased groups may not support such institutions because they believe that it is not possible for racially biased groups of people to have their interests at heart.
Law Enforcement
Law enforcement is at the heart of racism, and the fight against racism cannot be mentioned without including the law enforcement agencies and officers. Due to this reason, it is essential to ensure that law enforcement officers depict unbiased behavior when discharging their duties. It is common for minorities, especially the Black Americans, to fear law enforcement because a majority does not believe that the law enforcers can act unbiased against them. Until the law enforcers are seen and perceived to be racially impartial, then the fight against racism will not be won.
Arraignment, Release and Pre-Adjudicatory Decisions
Arraignment, release and Pre-Adjudicatory decisions are essential points where racial bias is normally manifest. Minority groups that often complain of racism have identified these locations as critical points that show the system is generally biased against them. It is normal for minority activist groups to claim that decisions made at this stage are biased and often go against them.
Adjudication and Sentencing
Adjudication and sentencing within the Criminal Justice System are often mentioned in the same breath as racism. Racism is a factor when sentencing individuals. It is normal for cases to go against people when the adjudicators have racial bias intentions behind them. Racial profiling is a standard issue in this regard. There are cases of unfair trials, criminal sentences, as well as an unjust adjudication in the Justice System (Wilbanks, 1987). Cases of Black Americans and other minority group members were sentenced for crimes they have not committed have often dogged the Criminal Justice System in the United States.
Probation and Community-Based Alternatives to Incarceration
Probation and other community-based alternatives to incarceration have been suggested as ways to address the injustices that have been meted to the minority groups. These other options are seen as less harsh from the Criminal Justice System, and if used correctly they can go a long way in helping shape the perceptions the minority groups have on the Criminal Justice System (Zack, 1997).
Jail and Prison Custody
The Criminal Justice System is often accused of racial bias. The minority has historically been subject to injustices that use Jail and prison custody to mete out the injustices (Taylor, 2013). The whites, often seen as the faces of the Criminal Justice System have often misused them to perpetrate crimes.
Parole and Re-entry
Parole and Reentry into the society is a path that allows for people that have been incarcerated to re-enter the society peacefully. Parole provides for people that have shown good behavior while in prison and considered reformed to be accorded early release. Racial bias in this regard has seen many individuals from minority groups denied parole while granting the same privileges to whites who may not necessarily deserve it. Such injustices have continually painted a bad picture for the Criminal Justice System in the United States (Mills, 1998). Addressing such inequities will go a long way in solving equalities among members of the society.
Strategies for Reducing Racial Disparities
Some of the strategies that can be used to reduce racial disparity include;
Law Enforcement
Ensuring law enforcers carry out their duties reasonably and in an unbiased fashion.
Pretrial
Pre-trial should not be based on pre-conceived stereotypes that may hinder someone from being fairly tried.
Prosecution
Fair and racially unbiased proceedings will go a long way in boosting the image of the Criminal Justice System and reducing racial disparity.
Defense
All accused people should be accorded the same level of protection in the Justice System to ensure that all people are tried justly and fairly.
Judiciary
The judiciary should act in an unbiased fashion. Steps should be taken to recruit all races within the judiciary to gain some trust among the minorities.
Probation
Probation procedures should be handled fairly, and policies should not be based on race but the grounds of merit.
Jail and Prison Custody
Jail and prison custody should not be abused by racists acting within the Criminal Justice System. The system should be protected against such people and harsh actions taken against people who are reportedly abusing their powers in those positions.
Parole and Reentry
Parole and re-entry of previous convicts should be handled fairly. All convicts should have an equal chance of early release, and racial bias should not be used as a way of evaluating candidates in those positions.
Conclusion
In conclusion, institutional racism is rampant within the United States Justice System and the country as a whole. Racism has been an issue for centuries and historical injustices meted on the minorities (Carlen & Worrall, 1987), especially the Black Americans continue to be subjects of debates. Significant steps have been made on the side of policymaking, but the minorities still believe that inequalities still exist. While the perception of difference still exists, it is essential for the institutions that are tasked with passing and implementing a policy to take steps to ensure that issues of racism are eradicated for good. Eradicating racism will benefit all and foster harmony within the societies.
References
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