Unfair Treatment of Minorities in the Criminal Justice System Essay

Unfair Treatment of Minorities in the Criminal Justice System - Essay Example Unfair Treatment of Minorities in the Criminal Justice System The U.S. criminal justice system has come under critical public scrutiny in the recent years for one of the age-old problems afflicting the nation - racial discrimination. The present research attempts a review of criminal justice administration in the U.S. with a view to establishing the thesis that minorities, Blacks and Latinos, are discriminated against at every stage within the criminal justice system - the racial minorities are charged with more serious crimes, have less opportunity to plea-bargain, are convicted more frequently, and receive harsher sentences when compared with Caucasians in similar situations. The scope of the research is limited to the extent of establishing the thesis and shall not attempt to analyze the underlying causes and/or examine the possible strategies for ensuring equal justice to all. It is significant to note that the issue of unfair treatment of minorities has been a subject of research and academic interest by mainly social science researchers and lawyers. While researchers tend to disagree on the sources of disparity or overrepresentation of minorities, as to whether it is due to disproportionate involvement in criminal offenses or to criminal justice system biases, there is a general consensus that minorities are disproportionately represented and are treated unfairly at almost every stage of the justice system. [Kramer and Steffensmeir, 1993; Blumstein, 1993; Cole, 1999] A review of the available research is attempted to understand how researchers have approached and addressed the issue. According to Coramae Mann, racial discrimination is endemic to the United States; it permeates the criminal justice system and all other American institutions, resulting in the unjust treatment of racial minorities. She claims that when the "more flagrant, systemic means of economic and political control of minorities used in the past were no longer feasible or morally acceptable ... criminal law began to be used to warehouse American minorities and maintain their unequal status." [Mann, 1993; p. 127] David Cole, a professor at Georgetown University Law Center and an attorney with Center for Constitutional Rights, who studied unequal racial justice in the U.S. claims that "our [the U.S.] criminal justice system affirmatively depends on inequality" [Cole, 1999; p.5] He claims that in the absence of race and class disparities the criminal justice system could not have afforded the policy of mass incarceration pursued since the 1980s. Cole claims that African Americans, who constitute 12 percent of the general population, comprise more than half of the prison population and have higher arrest and conviction rates, serve longer sentences, face higher bail amounts and are often victims of police use of deadly force than white citizens. [Cole, 1999; p.4] According to Cassia Spohn, blacks and Hispanics who are young, male, and unemployed are particularly more likely than their white counterparts to be sentenced to prison and receive longer sentences in some jurisdictions. Spohn's study also claim that minorities convicted of drug offences, those with longer prior criminal