1 Criminal Justice Shonari Street Elizabeth City State University 4/2/21 2 Introduction The famous mantra in the justice system spells out that 'Justice delayed is justice denied.' The United States of America has the most extensive judiciary system in the world. Most of the countries across the world tend to look upon the criminal justice system in the USA to define the better understanding part on how conviction and incarceration of various social injustices are sentenced. The aspect is due to the diversity in the number of groups that live in the USA, making it one of the largest criminal systems subjected to risks of being compromised (Campbell & Vogel, 2019). The study's hypothesis suggests a racial bias of incarceration between the minority groups and the White Americans in the American Criminal Justice System. The study's main aim is to understand the existence of disparities in the criminal justice system, the leading causes, and the underlying efforts to create a free and fair judicial system. Rationale The judicial in the end year of 2015 recorded a total of 6.7 million crime-related cases. All the individuals were under a form of correction through incarceration in one way or the other. The federal and state prisons had over 2.2 million individuals serving their terms of imprisonment (Feldman et al., 2019). However, according to the United Nations reports, there is an existing inequality in the number of individuals serving their terms. The underlying statistics tend to show disparities indicate that most of the individuals in prison are from minority groups, especially African Americans. The statistical trajectory and projections explain why I chose this topic for discussion. 3 Objectives To show the existing disparities pegged on racial discrimination of the black and white incarceration rates. Brief Literature Review The report from the UN gives an idea of the way the US judicial system operates. The most affected groups are the minorities discriminated against on skin color and their culture, making it biased for effectively applying the law. The data show that African Americans are more likely to be arrested than any other race in the USA. The rate is 3.1 higher than the White Americans, and the chances of being convicted and incarcerated are 5.9 more elevated than the whites (Meyer et a., 2017). Other groups, such as the Latinos, especially Mexicans, follow the priority lists. There are limited studies to explore a better understanding of elements that open up a wide disparity within the judicial system. A report on the police, who is the USA's primary custodian, indicates unequal disparities in white and black policemen's treatment. The White Americans chair the leadership in the police force in many positions than any other race. For example, a region headed by an African American police officer experiences fewer arrests of African Americans and any other race when compared to when headed by a White American. Such a report suggests racial discrimination in the police force and undermines the courts' reports for the same victims for trial. It is understood that racial discrimination has been institutionalized in the criminal justice system, making it hard to serve justice to all. Besides, the social-economic standards of the minorities are lesser compared to the White Americans (Piquero & Jennings, 2017). It makes it hard for the accused to defend them when convicted by White Americans. As such the integrity of the judicial system and processes in the enforcement of the law is compromised, resulting in high numbers of 4 minorities being incarcerated. Further, identifying the disparities in the number of individuals convicted and incarcerated makes it appropriate to undertake the study on contributing factors. Racial discrimination has not given enough understanding since most countries have minority groups but served with justice. For example, South Africa has Whites as a minority group but is primarily served with justice. The study undertakes the contributing factors of the disparities and better evaluation of the inequalities. Hence, it makes it easy to bring into light the social injustice in the judicial system of one of the most influential countries in the world. 5 Reference Campbell, M. C., & Vogel, M. (2019). The demographic divide: Population dynamics, race and the rise of mass incarceration in the United States. Punishment & Society, 21(1), 47-69. https://www.hivlawandpolicy.org/sites/default/files/Wildeman_Mass%20incarceration%2 C%20public%20health%2C%20and%20widening%20inequality%20in%20the%20Unite d%20States.pdf Feldman, J. M., Gruskin, S., Coull, B. A., & Krieger, N. (2019). Police-related deaths and neighborhood economic and racial/ethnic polarization, United States, 2015– 2016. American journal of public health, 109(3), 458-464. https://www.researchgate.net/profile/Sofia_Gruskin/publication/330605662_PoliceRelated_Deaths_and_Neighborhood_Economic_and_RacialEthnic_Polarization_United_ States_2015-2016/links/5e389d8f458515072d7cf01b/Police-Related-Deaths-andNeighborhood-Economic-and-Racial-Ethnic-Polarization-United-States-2015-2016.pdf Meyer, I. H., Flores, A. R., Stemple, L., Romero, A. P., Wilson, B. D., & Herman, J. L. (2017). Incarceration rates and traits of sexual minorities in the United States: National Inmate Survey, 2011–2012. American Journal of Public Health, 107(2), 267-273. https://www.ncbi.nlm.nih.gov/pmc/articles/pmc5227944/ Piquero, A. R., & Jennings, W. G. (2017). Research note: Justice system–imposed financial penalties increase the likelihood of recidivism in a sample of adolescent offenders. Youth Violence and Juvenile Justice, 15(3), 325-340. http://debtorsprison.jlc.org/documents/JLC-Debtors-Prison-criminology-study-2016.pdf 1 Literature Review Shonari Street Elizabeth City State University Dr. Crawford 4/18/21 2 Literature Review: Racial Disparities between white Americans and minorities in sentencing Ratio of White Americans to That of Minorities in the American Prisons Various studies reveal shocking disparities with regard to the number of white and minority group prisoners in the American prisons. A report published by the Bureau of Justice Statistics indicates that 35% of prisoners are white while the blacks and Hispanic have a combined portion of 59% (The Sentencing Project, 2016). The dominant race is arguably more advantaged than the people of color. Furthermore, the report also pointed out that the disparities are worse in some states than others. For instance, at least 61% of prisoners in New Mexico are Hispanic (The Sentencing Project, 2016). Other states such as Arizona and California have a significantly high number of prisoners categorized in the minority group. The trend suggests that race exerts an undeniable presence in the prison cells and these dynamics could persist for a long time. The rates of incarceration for the whites, African Americans and Hispanics cannot be overlooked on the fact that the disparities are more likely to trigger an enormous racial prejudice stance in the United States. Irrespective of the causes of the dynamics in the imprisonment disparities, the consequences of this trend are disturbing considering the ripple effect that is caused on individuals and communities on a broader perspective. While there is a chronic racial disparity in the American prisons, there has been insignificant consideration on the appropriate adjustments that can be made to alter the status quo. Evidence of Direct Racial Discrimination in Sentencing Researchers have explored the evidence pertaining to direct racially discriminatory sentencing outcomes among the minority group defendants. Consequently, there is compelling evidence of direct racial discrimination. Studies have pinpointed harrowing 3 evidence of direct racial discrimination in the criminal justice spheres of sentencing. According to a 2017 report published by the United States Sentencing Commission (USSC), black men who commit the same offence as white men received harsher sentencing, approximately 20 percent longer (Ingraham, 2017). The USSC further points out that Judges are more likely to revise harsh sentencing for white Americans than they would for the minority group (Ingraham, 2017). The report also reiterates that in the event that juries are required to reduce the sentencing downward for the minority group, they would do so by a smaller margin compared to the white counterparts. The trend suggests that since judges are given more discretion in sentencing, they can consciously or unconsciously invoke racial bias in one way or another. Another 2014 study by the University of Michigan Law School Study established that people of color in the United States were more likely to attract a mandatory minimum sentencing than white offenders (Hetey & Eberhardt, 2014). For that reason, incarceration rate for the minority group is significantly higher than the dominant race in the United States. However, some commentators argue that discrimination no longer exists in criminal sentencing. Most of these commentators defend their viewpoint by suggesting that existing details of racially discriminatory practices do not consider the seriousness of crime and criminal history (Dhami, 2018). Nonetheless, most scholars agree that direct discriminatory practices in the justice spheres are a reality. Racially discriminatory sentencing seems to be more insidious than in the past and there is a need for innovative means of addressing the issue. Interaction of Race, Type of Crime and Sentencing Relevant studies have suggested a close link between race, type of crime and sentencing. A study targeting Florida established that African Americans had a higher propensity to be sentenced as habitual offenders for property crimes and drug offenses than other known high-level crimes (Dhami, 2018). The effect is more popular in drug offenses as 4 African Americans are 3.6 times at a high risk of being charged with the crime (Dhami, 2018). In this regard, another research determined that the minority group in Kansas City received a more than 1 year longer sentencing for drug offenses compared to the white Americans. Another study also established that black and Latino drug offenders were more likely to be severely punished the white counterparts (Neill, Yusuf & Morris, 2014). This trend suggests that chronic racial disparities in terms of interaction of race, type of crime and sentencing still exist amid the numerous efforts geared at structured sentencing. Various research works indicate than drug addicts are more likely to acquire drugs from same race orientation (Neill, Yusuf & Morris, 2014). Given that whites have a significantly higher population in terms of monthly drug users, it is expected that the majority of drug offenders should be white Americans, however, that is not the case and this hints ar a possible racial prejudice in administering justice. As such, the minority group is on the losing end when it comes to sentencing terms. It is necessary to establish the cause and effect for the racial disparities experienced in the United States while being keen on the interactions between race, type of crime and the sentencing criterion which tends to be harsh on the minority group. Capital Punishment The death penalty is a phenomenon that has captured the attention of scholars in the justice spheres and this is due to the effect of race on the sentencing outcome of the capital offence. Studies have suggested pervasive racial prejudice involving the application of the death penalty and the consequences (Mitchell, 2020). Notably, a study conducted by the University of Maryland indicate that defendants have a higher chance of receiving a death penalty if they have killed a white person (Mitchell, 2020). Furthermore, a New Jersey Supreme Court audit supported the assertion concerning the death penalty by reporting that the state’s death penalty is more likely to proceed if the victim is white (Ingraham, 2017). 5 Furthermore, another report by the United States Department of Justice showed worrying trend about the death penalty prosecutions (Mitchell, 2020). Specifically, the report pointed out that among the 38 states which allow the death penalty, it is disproportionately used against the people of colour. Moreover, the report indicates that out of 18 prisoners who are on a federal death row, 16 of them are people of colour. Consequently, the majority of death penalty prosecutions are approved against the minority group. The trend reveals the extent to which an individual’s race can influence the outcome of capital cases. The findings leave more questions than answers and there is a need to conduct a thorough review to ensure impartiality in capital cases. Causes of Racial Disparities in Sentencing Policies and practices have been viewed by many experts as one of the main causes of the racial disparities in sentencing. Some scholars believe that harsh punitive measures implemented in recent decades significantly contributes to the historic racial disparities in sentencing (Neill, Yusuf & Morris, 2014). The phenomenon can be attributed to the famous 1973 mass imprisonment which had a disparate impact on the minority group especially the African Americans. Furthermore, in the early 1990’s, there was a sharp rise in the imprisonment for drug offenses among the people of colour and the trend has penetrated the 21st Century society (Neill, Yusuf & Morris, 2014). Income inequality is another critical factor in racial disparities in sentencing since during pre-trial detention, most black defendants face the income inequality dilemma and that means that those who are detained are likely to attract longer prison terms (Neill, Yusuf & Morris, 2014). Implicit bias is another key factor that causes racial disparities in sentencing. Studies have found out that people of color are unfairly perceived as a threat to public safety and this escalates their punishment preferences (Ingraham, 2017). For instance, most surveys have 6 linked the minority group to terms such as “dangerous, aggressive and criminal” (Ingraham, 2017). Furthermore, the media occasionally portrays the minority group as violent by focusing on crimes committed by the people of color (Neill, Yusuf & Morris, 2014). This kind of misinterpretation tends to alter public’s crime policy preferences against the minority group. Apart from policies, practices and implicit bias, many researchers think that structural disadvantages negatively impact the minority group long before they encounter the criminal justice system. Specifically, a variety of social factors ranging from poverty, employment and family differences are triggers to the unbearable racial disparities in sentencing (Neill, Yusuf & Morris, 2014). Most studies argue that since most of the minority groups are faced a wide range of socio-economic challenges, they are most likely to engage in higher rates of crime (Hetey & Eberhardt, 2014). Furthermore, the structural differences in race and class is more likely to disadvantage more youths who may end committing crimes for survival. In the long, the disparities in sentencing could be visible. 7 References Drakulich, K. (2015). The hidden roles of racial bias in support for policies related to inequality and crime. Punishment and Society 17(5): 541-574 Dhami, M. K. (2018). Racial Disparities, Judge Characteristics, and Standards of Review in Sentencing Comment. Journal of Institutional and Theoretical Economics, 171(1), 48–55. https://doi.org/10.1628/093245615x14188909230091 Hetey, R. C. & Eberhardt, J. L. (2014). Racial disparities in incarceration Increase acceptance of punitive policies. Psychological Science 25(10): 1949-1954. The Sentencing Project (2016). U.S. prison population trends, 1999-2014: Broad variation among states. Washington, DC: The Sentencing Project Neill, K. A., Yusuf, J., & Morris, J.C. (2014). Explaining dimensions of state-level punitiveness in the United States: The roles of social, economic, and cultural factors. Criminal Justice Policy Review 26(2):751-772 Ingraham, C. (2017, November 16). Black men sentenced to more time for committing the exact same crime as a white person, study finds. Retrieved April 20, 2021, from https://www.washingtonpost.com/news/wonk/wp/2017/11/16/black-men-sentencedto-more-time-for-committing-the-exact-same-crime-as-a-white-person-study-finds/ Mitchell, K. L. (2020). Taking Steps to Address Racial Disparities in Sentencing. Federal Sentencing Reporter, 33(1–2), 22–26. https://doi.org/10.1525/fsr.2020.33.1-2.22 8 / Guidelines for Research Proposal Presentation – Spring 2021 PowerPoints Due Sunday May 7th, 5:00pm. • • • • • The total time allotted to each presentation is 5 minutes. Summarize your main points. Limit your material to eight lines per slide. Talk at a pace that everybody in the audience can understand. Dress neatly and appropriately. The rule of thumb is to dress one level nicer than the audience will be dressed. (1) Title Slide (1 slide) a. Title of your presentation b. Your name c. Title of course d. Date of presentation (2) Introduction (1 slide) a. What is the issue or problem and why is the issue important? i. Is there any criminal justice policy regarding the issue? b. What is the purpose and importance of your proposal (3) Literature Review (2-3 slides) a. How have other researchers in criminal justice and criminology approached the issue? b. What kind of research methods did they use and what did they find? c. What does the existing literature suggest to you in shaping your question? (4) Methods (1-2 slides) a. What is your hypothesis? i. What is your independent and dependent variable? b. What is your population? i. How will you sample? ii. How many persons would you need? Why? c. If you are conducting research with human subjects what about IRB approval? d. What method will you use (experiment, survey, field, agency records?) Explain in detail. (5) References (1 slide) a. Here make sure you list at least EIGHT references you use in your paper. At least FIVE of those references must be academically refereed journal articles. Make sure you list them in alphabetical order AND you format them in American Psychological Association (APA) style. Guidelines for Research Proposal Presentation – Spring 2021 PowerPoints Due Sunday May 7th, 5:00pm. • • • • • The total time allotted to each presentation is 5 minutes. Summarize your main points. Limit your material to eight lines per slide. Talk at a pace that everybody in the audience can understand. Dress neatly and appropriately. The rule of thumb is to dress one level nicer than the audience will be dressed. (1) Title Slide (1 slide) a. Title of your presentation b. Your name c. Title of course d. Date of presentation (2) Introduction (1 slide) a. What is the issue or problem and why is the issue important? i. Is there any criminal justice policy regarding the issue? b. What is the purpose and importance of your proposal (3) Literature Review (2-3 slides) a. How have other researchers in criminal justice and criminology approached the issue? b. What kind of research methods did they use and what did they find? c. What does the existing literature suggest to you in shaping your question? (4) Methods (1-2 slides) a. What is your hypothesis? i. What is your independent and dependent variable? b. What is your population? i. How will you sample? ii. How many persons would you need? Why? c. If you are conducting research with human subjects what about IRB approval? d. What method will you use (experiment, survey, field, agency records?) Explain in detail. (5) References (1 slide) a. Here make sure you list at least EIGHT references you use in your paper. At least FIVE of those references must be academically refereed journal articles. Make sure you list them in alphabetical order AND you format them in American Psychological Association (APA) style. CJ 313: Research Methods in Criminal Justice Guidelines for Final Research Proposal Spring 2021 Here are the guidelines to help you see what a research proposal is and looks like. The journal articles you are reading for some of the Assignments do what you are doing for the research proposal. They may use different headings, but study them very closely and you will notice that the structure of those articles parallels the structure that you will use in creating your research proposal. The difference is that the research articles you are reading carry out the research. You will not be executing your research. You will only be setting it up; hence, it is called a proposal. The length of the research proposal is 8 pages, NOT including the title and reference pages. Hence, your proposal will be about 10 pages in total. It should be noted that your paper must have a cover page that includes the course title, instructor name, the due date of the paper, the title, and your name. You’re required to write a research proposal that MUST include each of the following sections: (1) Title Page (2) Introduction; (3) Literature Review; (4) Methodology; (5) Implications for Criminal Justice Policy and (6) References. (1) Title Page (1 page; 5 points) (2) Introduction (1 page; 15 points) a. What is the issue or problem and why is the issue important? Is there any criminal justice policy regarding the issue? What are the purpose and importance of your proposal (3) Literature Review (4-5 pages; 20 points) a. How have other researchers in criminal justice and criminology approached the issue? b. What kind of research methods did they use and what did they find? c. What does the existing literature suggest to you in shaping your question? (4) Methods (2 - 3 pages; 25 points) a. Based on what you found in the literature, what is your hypothesis? (About ½ page; 10 points) i. What is your independent and dependent variable? b. What is your population? (About 1 page; 15 points) i. How will you sample? ii. How many persons would you need? Why? c. If you are conducting research with human subjects what about IRB approval? (About ½ page; 5 points) d. What method will you use (experiment, survey, field, agency records?) Explain in detail. (1 page; 15 points) (5) *Implications for Criminal Justice Policy (about 1 page; 10 points) a. Thinking about your expected results, if criminal justice agencies decided to take your research and implement it, what implications would there be? b. What might happen to crime, criminals, victims, communities, for example? c. What economic or legal consequences might occur? Think BIG. (6) References (1 page; 15 points) – a. Here make sure you list at least EIGHT references you use in your paper. At least FIVE of those references must be academically refereed journal articles. Make sure you list them in alphabetical order AND you format them in American Psychological Association (APA) style. You MUST use Times New Roman, 12 font, 1" margins on all sides, and double space – no exceptions. If you do NOT follow all of these three requirements, it will result in the drop of FIVE points of your paper grade per requirement violation. You MUST submit your proposal as a Word document, via Blackboard. You MUST use at least EIGHT sources including FIVE academically refereed journal articles for your literature review. If you are unsure what constitutes an academically refereed journal article, please see below or ask a librarian. An academically refereed journal can be succinctly defined in this way: A periodical that only includes articles that have been evaluated by experts in the field. These publications are usually issued two to four times a year; are published by a university or scholarly press; include footnotes, bibliographies, or references; and list author(s) and his/her/their credentials. Magazines such as Police Chief, Corrections Today, and American Jails are NOT academically refereed journals. Most of the articles in the magazines are written by criminal justice practitioners (police officers, corrections staff who work in jails, prison, probation or parole). The magazines are published by practitioner organizations (International Association of Chiefs of Police, American Correctional Association, and American Jail Association, respectively), not scholarly organizations and associations. Periodicals like TIME, NEWSWEEK, PEOPLE, etc. are NOT academically refereed journals either. Nor are newspapers. Make sure you know and understand what IS and what IS NOT an academically refereed journal. Use the Style Manual of the American Psychological Association to format your paper, cite your sources, cite direct quotes, and compose your reference page. Here is the link to APA: http://owl.english.purdue.edu/owl/resource/560/01/. You will NOT conduct this research. IT IS ONLY A PROPOSAL. Reading the sample research paper that I posted for you will help you understand how the research proposal will look and how the six major headings are formatted (bold and centered). [NOTE] Each time you submit elements of your proposal they will be safe assign checked for plagiarism.
Purchase answer to see full attachment