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BY TANYA MARIA GOLASH-BOZA Chapter Eleven: Racism and the Criminal Justice System
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High Incarceration Rates “The United States has more people in prison than any other country and incarcerates people at a higher rate than at any other time in history.” (p. 296) For most of the 1900s there were 1 in a thousand people in prison, and between 1972 and 1984 this rate doubled and also doubled between 1984 and 1994. (p.297)
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Doubling of Prison Population The doubling of the prison population rates all occurred while property crimes declined. This increase was not because of crime rates but how laws changed. More crimes were sentenced with incarceration with longer sentences. More nonviolent offenders were incarcerated. This change in laws impacted more blacks and Latinos, especially men, than any other group.
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Comparison of Countries: Alternatives United States -Punishment -Heavy uses of prison -Longer sentences with average at 3 years -Stigma -Often voting and welfare restrictions Western Europe -Germany and Netherlands incarcerate people at about one-tenth of the U.S. rate -Uses of community service, fines, or diversion programs -Netherlands, only 5 percent of the prison sentences are more than two years long -Social integration with a reintegration of offenders into society upon release
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Most Common Reason for Prison High incarceration rates in the United States are due to drug possession charges from laws that came into existence during the War on Drugs. People of all races use and sell drugs at similar rates.
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Statistics Show Racial Disparities In 2008, blacks and Latinos did not make up third of the population, but they represented 58 percent of the prison population in 2003. Native Americans are also disproportionately impacted. RaceNumber of Incarcerated out of 100,000 people in 2009 whites487 blacks3,110 Latinos1,193
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Growth in Number of Women Incarcerated Mostly men are in prison, but there has been an increase in women, with black and Latina women at higher rates than white women. From a rate of 5,600 women in prison in 1970, the number rose to one million women in jail, prison or on parole in the year 2000. (p. 308)
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Stricter Laws on State and Federal Level Three major federals laws passed in 1984, 1986, and 1988 that put harsh parameters on drug sentences. State laws used three strike, truth in sentencing, and zero tolerance policies in their sentencing.
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Political and Economic Influences -Deindustrialization—disappearance of jobs -Neoliberalism—growth in private prison industry -Politicians began to use “tough on crime” platforms for elections. “Ideas of racial otherness play an important role in the demonization of criminals. This otherization allows politicians to play on public fears and portray these groups as threatening public safety.” (p. 316)
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Institutional Racism Institutional racism characterized all levels of the criminal justice system, including -Racial profiling -Sentencing disparities -Death penalty sentences “Because of stereotypes that drug law violators are black, combined with the relatively weak political power of poor black communities, law enforcement agents have targeted open-air drug markets in poor black communities instead of the places where whites use and sell drugs…” (cited on p. 306)
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Collateral Consequences Prison sentences impact the family outside of the prison as well. Children experience material, economic, and emotional consequences. It also exacerbates racial inequalities. The life of the person released from prison also is impacted. The stigma put on a black man who has been imprisoned has been called “The New Jim Crow.” (pp. 319-321)
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Conclusion : State Systems Downsized Due to Expense The expenditures in prisons and jails became too expensive for some states such as California, which after 30 years of building prisons, released prisoners in 2009. (p. 315) Black, Latinos, and Native Americans still experience discrimination after prison.
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