The Court System- An Uneven Scale 50 points! Outstanding. AnaMarie Sonoma State University

Racism From History to Now https://www.youtube.com/watch?v=N9-pUeiYfgA Here is the link just incase the video doesn’t run: https://www.youtube.com/watch?v=N9-pUeiYfgA Justice Alexander’s lecture shares the reality of racial bias in the court system. She explains that when a black man is put on trial instead of being seen as innocent until proven guilty; he is seen as guilty until proven innocent. This is wrong but promoted through the typical offender view. We view the typical offender in our country as a black male. Therefore when a black man enters our court system he is not only fighting his case, but the stereotype of being a criminal. Alexander explains that our racism within the court system is not a new phenomenon. The American history portrayed racism with the punishments for crime. She describes how blacks would receive a harsher punishment if they raped a white woman would be put on death row, whereas white men who performed the same crime would fine, whipped, or imprisoned for one year. This does not render fair and equal judgment in our system. We basically give whites a slap on the wrist, but harshly punish the blacks. However, it was more appalling when she explained there was no punishment for raping a black woman. This is infuriating, because she are still a person and just as important as a white woman. Our society has failed to make this nation equal for everyone. Although the laws have switched they still show racism in punishments. The courts use to judge those who used cocaine and marijuana as a felony. This was because it was used by blacks. However, as it swept through mainstream and whites got a hold of it the courts transformed their decision to classify it as a misdemeanor. We are instituting laws that promote racism, and cause more blacks and Hispanics to be in the prison system. The courts need to stop looking at race to distinguish the punishment, but start looking at the issue itself.

Selective Prosecution Certain drug related crimes singles out a racial minority for prosecution whereas whites are filtered out, or never entered into the system. War on drugs is primarily used to combat the black and Hispanic communities. (Slide information from Walker, Samuel, Cassia Spohn, and Miriam , Delone (2012). The Color of Justice: Race, Ethnicity, and Crime in America. Belmont, CA: Wadsworth). This shows why society perception of criminals tends to be a person of an ethnic minority. We tend to target them for crimes and make them the poster for such instances, especially when it comes to drugs. Society prosecutes these individuals far more than whites, who are involved in the same crime. This corrupts people’s views of minorities and causes citizens to picture them as problems. It feeds into stereotypes and distorts the data. Whites are just as likely to smoke and be in possession of cocaine. However, they are rarely looked at compared to blacks. The law on possession of crack or powder cocaine also shoes disparity, because blacks are more likely to get a 5 year sentence for possessing crack, whereas whites with powder cocaine will receive a less severe punishment. The drug has the same relatively the same effects, but we target the war on drugs against ethnic minorities. This war on drugs has move many into the perception that blacks and Hispanics are the ones with spreading drugs around in our society, therefore are brought in and prosecuted for these offenses. This is not the reality, because whites are more likely to use cocaine. This prosecution of a particular crime placed on a minority causes disparity in the system, as well as fueling the fire for stereotypes.

Bail Decisions Making Process Bail is set to ensure the person will be present for court on their trial date. Based on the allotted amount the defendant could be released or detained. The reform act is said to favor the wealthy whites, because blacks and Hispanics are often perceived as flight risk by judges or are unable to pay their bail. Racial minorities held in pretrial detention more than whites. Blacks and Hispanics who are held pretrial more likely to be found guilty, and receive harsher punishment than those who were released. (Slide information from Walker, Samuel, Cassia Spohn, and Miriam , Delone (2012). The Color of Justice: Race, Ethnicity, and Crime in America. Belmont, CA: Wadsworth). Bail allows a person to regain their freedom prior to trial and potentially even after verdict of trial, however the system continues to promote racial stereotypes. There is a belief that minorities are more likely to flee before trial, therefore the bail is set higher. This is not true, but effects the decisions of the judge. The high amount of bail also prohibits some people from being released. Blacks and Hispanics have been subordinated to lower economic roles, therefore unable to obtain the wealth to pay off their bail. The system basically allows those who are poor to remain in the detention center, whereas the wealthy get released. This is bias, because everyone should have the same opportunity to post bail. It should be based on the crime not necessarily the discretion of the judge. Those who are held pretrial are also more likely to be found guilty, because there is a stigma to being detained. Detention causes a preset notion in some people to perceive the person as guilty. The reality that more minorities are held because they can not pay bail contributes to the disparity with in the prison system.

Plea Bargaining Decisions Prosecutors decisions are based on evidence, defendant criminal record, and seriousness of defense; however there is still has racial disparity in system. Whites are offered plea bargain more often and get better deals than racial minorities. African American and Hispanics were unable to receive substantial assistance departure. (Slide information from Walker, Samuel, Cassia Spohn, and Miriam , Delone (2012). The Color of Justice: Race, Ethnicity, and Crime in America. Belmont, CA: Wadsworth). This shows how ingrained racism is in our system. Prosecutors do not blatantly take race into account when taking a case, however it is still a factor in the system. Whites are seen as less likely to be convicted of a crime because of the typical offender stereotype; therefore are often offer plea bargains to work it out. This allows them to negotiate and receive a better offer. However, blacks are often fighting the typical offender stereotype as well as the charges presented. Therefore they are less likely to receive a better plea, because they are told they are more likely to be found guilty and should take the offer on the table or go to court and fight it. The substantial assistance departure also puts minorities at a disadvantage, because they are unable to get the extra help, because of the monetary issue. Whites are able to have the funds to help themselves in legal issues, where as many minorities lack these opportunities. This contributes to the racism within the criminal justice system.

Jury Pool Selection Whites primary compose the typical jury Supreme Court condemned jury discrimination Strauder v. West Virginia (1880) – stating that by having a all white jury is unconstitutional, and placing blacks at a disadvantage. There is still race discrimination in jury selection Delaware (1880) they stated that blacks were not suited for the jury because not intelligent, morally capable, or experienced Now obtain jury sample form register voters, car registration, and property tax, however minorities are less likely to be participants in these activities. Some cities use “jurymandering” where they send summons to racial groups to ensure some make it on the jury. (Slide information from Walker, Samuel, Cassia Spohn, and Miriam , Delone (2012). The Color of Justice: Race, Ethnicity, and Crime in America. Belmont, CA: Wadsworth). Jury selection is an important part of our process to determine someone’s innocence. The law states that a person has the right to be judged by a jury of their peers, however this is not always the case for minorities. The minorities are the ones who are most likely to have a case in front of the jury, however are judge by people of a different race. This prohibits them to receive absolutely fair treatment, because the white judging them are not subjected to the same struggles. Whites contain some white privilege within or society, therefore they are unable to fully relate to those who are of an ethnic minority. This discrimination although trying to be condemned and change is still present in the system on how some cities select their samples. Most minorities are less likely to vote, have car registration, or property tax. This already slants the playing field because minorities will not be equally represented. Jurymandering provided some help for ensuring jury members will not be all white. This is debated because some say this would place strain on the minorities represented in the jury, because they might feel responsible for acting on behalf of their race. However, this could also allow the system to be fair when rendering a judgment to a minority defendant. I thought it was interesting when looking for pictures of a jury that I found, juries that were predominately white. This is displayed in the pictures above. There is one minority woman in the picture on the right and the left the jury consists of all white jury. This shows how biased the system of jury selection is based on having white judge others. This furthers the gap of racial disparity in the criminal justice system.

References [Budapest Livin' Academically: Prosecution, Hungarian Style]. Retrieve October 5,2013 from: http://images.search.yahoo.com/images/view;_ [Diane Tress A Bail Bond Logo]. Retrieved: October 5, 2013 from: http://images.search.yahoo.com/images/view [ Meritable Judgments on Bail Bonds Glendale]. Retrieved: October 5, 2013 from: http://images.search.yahoo.com/images/view [Plea Bargains are Necessary to the Arizona Criminal Justice Process]. Retrieved: October 5, 2013 from: http://images.search.yahoo.com/images/view; [Success – Right to Jury Trial Could be Decided by Courts]. Retrieved: October 5, 2013 from: http://images.search.yahoo.com/images/view; Walker, Samuel, Cassia Spohn, and Miriam , Delone (2012). The Color of Justice: Race, Ethnicity, and Crime in America. Belmont, CA: Wadsworth. [War on Drugs]. Retrieved: October 5,2013 from: http://images.search.yahoo.com/images/view;_ [You’ve Been Summoned For Jury Duty]. Retrieved: October 5, 2013 from: http://images.search.yahoo.com/images/view (2011, March 7) Race and the Criminal Justice System-Remarks by Justice Alexander, [video file]. Retrieve from: https://www.youtube.com/watch?v=N9-pUeiYfgA