(MSCJ) ASSIGNMENT: RESEARCH REPORT

Current Status of Race and the Criminal Justice System Student's Name Institution Course # and Name Professor's Name Submission Date Relationship Between Race and the Criminal Justice System The relationship between the criminal justice system (CJS) and racial inequality in the United States has a complicated and long-standing history plagued by issues of bias, prejudice, and racial inequality. The problems have characterized the criminal justice system from its inception until the modern era. A considerable level of this intersectionality of race and the justice system is predominantly felt by members of historically marginalized communities like black Americans and Hispanics. It is worth noting that the United States was a significant destination for the worldwide slave trade during the colonial era, and the descendants of the enslaved people have lived in the land henceforth. The abolition of slavery in the 20th century ushered in a new era of legislative slavery where laws enacted targeted specific races. Cooper et al. (2021) report that 25% of the prison population at Newgate between 1797 and 1828 were black Americans, even though only 12% of the population of that state was black. 43% of prisoners in Philadelphia in 1816 were negros even though only 15% of the city population were blacks. These data show that there have been racial disparities in the United States CJS for many years, and any policies that target this issue should first address systemic issues that support its existence. Hinton and Cook (2021) found out that government officials and policymakers have used policing, criminal law, and imprisonment as proxies for gaining social control in geographical areas that are predominantly occupied by black and Hispanic communities. The most recent predominant racist moments in the United States CJS happened in 2020 when a former Minneapolis police officer killed George Floyd in public. The mass uprisings that followed this act performed by Derek Chauvin showed the urge of the public to bring to an end a series of unreported crimes done by racist police officers that had become part of the authoritative system of the day. Activists and human rights organizations were determined to transform public safety practices for good (Nellis, 2020). The rate at which Black Americans are imprisoned is five times higher than the rate at which their white citizens are. The negative relationship between the CJS and race can be traced to the slavery era when the white population were bosses and blacks and other minority groups were subjected to hostile working conditions that benefitted their masters. Cases of unequal treatment by police officers have become normal these days. A traffic police officer will harass, arrest, and apprehend a Hispanic or African American driver for a minor offense. In contrast, a white driver will be forgiven for the same or worse crime. The Constitutional Right Foundation (2019) also notes that the racial inequalities in the CJS cannot be addressed for good because all of its institutions are dominated by racists who view blacks and other races as minorities who do not deserve their rights. Moreover, criminal injustice is a social construct that is influenced by the environments where the children of the United States are raised. Racist parents will pass their racist beliefs to their children, who will, therefore, grow up intoxicated with pure hatred and unpatriotic traits that they were taught while growing up. Evidence of racism is evident in many schools in the United States, with students confessing information that their parents fed them about other races. Race disparities in the United States are a significant issue that warrants examination in court processes, policing, and the nature and operations of prisons (Constitutional Rights Foundation, 2019). Racial profiling of blacks and other racial minorities is also a significant issue in the CJS that needs attention. The Need for Criminal Justice System Needs to Address Racial Disparities and Rationale The persistence of racial inequalities within the system raises fundamental questions about fairness, justice, and equality under the law. Racial disparities within the CJS manifest in arrest rates, sentencing outcomes, experiences of policing, and rates of incarceration. African Americans, Hispanics, and other minority communities have secured fewer employment opportunities in the legal sector of this nation. Their limited involvement in the criminal justice process predisposes them to higher rates of arrest and harsher sentences compared to their white counterparts and conviction probability. Assessing and understanding the current status of race in the United States CJS requires a dimensional view of the problem. The policing activities in the realm of racism, the treatment of different races in the federal government's correctional facilities, and persecution and court sentencing rates per race should all be accounted for (Calvert, 2021). The information obtained from these three dimensions of view will inform an evidence-based decision on whether the criminal justice system must address racial disparities under its umbrella. Causes of Racial Disparities The United States has a historical legacy of racial disparities within the CJS that can be traced back to the slave trade, segregation, and institutionalized racism. Jim Crow segregation and the War on Drugs are some of the legislations that have shaped law enforcement, prosecution, and sentencing inequalities for generations (Vitello, 2021). Secondly, there are structural inequalities within the criminal justice system that maintain these racial injustices. African American and Hispanic communities form a large proportion of poverty, unemployment, and lack of access to resources and opportunities. Moreover, some unconscious stereotypes and prejudices affect decision-making in the CJS. Racial bias among police officers, judges, prosecutors, and jurors influences perceptions of guilt, risk assessment, and sentencing decisions (Kirshenbaum & Miller, 2020). Finally, policy choices have affected minority communities in the CJS. The federal government has legislated policies like mandatory minimum sentencing, "three strikes" provisions, and other aggressive policies that negatively impact these communities. Consequences of Racial Disparities Bad decisions taken within the CJS that are based on racial differences have a significant impact on society. Individuals, families, and communities have been affected by unrealistic steps taken against them by the federal government for many decades. First, a criminal record in the federal government limits employment opportunities, housing, education, and political participation. Racia minority communities who have a higher rate of facing injustices will, therefore, have minimal opportunities for socioeconomic development and, hence, perpetuating the vicious cycle of poverty. Second, communities of color have expressed their lack of trust in law enforcement agencies after being on the receiving end of many accounts of unlawful decisions. There have been many unreported incidents of racial profiling and police brutality because these people do not trust that the CJS will be just for them. Moreover, racial inequality in the CJS has been a major catalyst for justifying societal inequalities (Calvert et al., 2021). Disparities in health outcomes, wealth accumulation, and political representation are some of the consequences of criminalizing bright prospects from communities of color. Ethical Imperatives Addressing racial inequalities in society and the CJS is a matter of legal and policy reform and a moral obligation grounded on justice, fairness, and human rights principles. The principle of equal treatment requires that all individuals be treated fairly and impartially within the CJS, regardless of race or ethnicity. This means that individuals of color and their white counterparts should be subjected to the same correctional legislation when they have committed similar offenses (Nembhard & Robin, 2021). Second, the duty to correct injustice obligates society to address systemic inequalities and injustices that disproportionately harm marginalized communities. This was evident when the citizens stood in unison to stop legislation of Jim C...