For Unit 4 IP Draft, you will identify and fully analyze the topic(s) you have selected to address in Weeks 2 and 3. This must be 4-6 pages. You will identify the problems associated with the topic as

Racial Disparities in Sentencing and Incarceration in the U.S. Criminal Justice System

Ashlee Williams

Colorado Technical University

Paul France

September 22, 2024

Racial Disparities in Sentencing and Incarceration in the U.S. Criminal Justice System

Introduction

The issue of racial disparities in sentencing and incarceration is a pressing concern within the United States criminal justice system. Black and Latino individuals face disproportionately severe punishment, and a higher likelihood of imprisonment compared to their white counterparts. This unjust reality undermines the fairness and efficacy of our justice system and perpetuates social inequality. Despite constituting only 13 percent of the population, Black individuals represent nearly 40 percent of the prison population, raising significant questions about equality and justice. These disparities erode trust in law enforcement and the judicial system, particularly within marginalized communities, hindering efforts to foster positive police-community relations. Moreover, they exacerbate long-term socio-economic disparities for minorities by constraining their access to employment, housing, and healthcare. It is imperative to address and eliminate these prejudices to uphold justice for all citizens without compromising the integrity of the justice system.

Literature Review

The issue of equal representation of different races in the United States criminal justice system, especially in term of sentencing, remains unresolved. Although some progress has been made, significant disparities persist, particularly for Black and Latino individuals. In their 2019 study, King and Light examined whether there has been any improvement in reducing racial and ethnic inequities in sentencing. They found that while there has been some progress, inequalities still exist. This highlights the arbitrary nature of punishment based on race and underscores the need to reform sentencing policies and address discrimination within the judiciary (King & Light, 2019).

The impact of mass incarceration exacerbates racial inequality. According to Pettit and Gutierrez (2018), a higher number of minorities being imprisoned reflects inequality in other aspects of life. Their research indicates that this inequality is sustained over time and contributes to socio-economic disadvantages in areas such as employment and civic participation, reinforcing the belief that the criminal justice system perpetuates systemic racism. Therefore, it is crucial to make improvements such as reviewing sentencing practices and implementing prison diversion programs (Pettit & Gutierrez, 2018).

Donnelly and MacDonald (2018) analyze how inequalities are influenced by bail and pretrial detention. They argue that minorities often face worse pretrial conditions due to their inability to pay bail. This pretrial detention not only increases the likelihood of harsh punishment and sentencing, but also racially biased within the system. The authors propose reforming the bail system by implementing risk assessments, which they believe could reduce ethnic disparities in incarceration rates (Donnelly & MacDonald, 2018),

The current state of racial disproportionality in the United States is analyzed by Beck and Blumstein (2018), who contributes to a better understanding of the issue. Their studies demonstrate that even when correlated with variables such as criminality, race remains a predictor of different sentencing and incarceration patterns. They advocate for changes in sentencing laws, particularly those related to drug crimes, and emphasize the need for equality in arrests and prosecutions. These findings align with Omori and Petersen (2020), who explain how the legal process perpetuates racial disparities in detention, conviction, and sentencing. Their studies reveal that minority defendant are more likely to receive severe punishment compared to white defendants, all else being equal. They call for policy reforms that address decision-making and provide racial bias training for court staff (Omori & Petersen, 2020).

Furthermore, Franklin and Henry (2020) analyze the impact of federal sentencing, revealing that Black probationers receive longer sentences due to factors related to their criminal history, which are influences by injustices in the earlier stages of the criminal justice system. Their findings emphasize the importance of reforms that consider ow past inequalities affect sentencing decisions. Additionally, Blankenship et al. (2018) also discuss mass incarceration, arguing that it contributes to worsening health equity, highlighting the need for reform (Franklin & Henry, 2020).

In their 2019 study, Enders, Pecorino, and Souto examined racism and incarceration trends, comparing the experiences of black and white individuals. They found that regional policies play a significant role in determining imprisonment rates. Some experts suggest that making changes at the state level, such as revising sentencing laws and reducing reliance on mandatory minimums, could effectively narrow these disparities (Enders, Pecorino, & Souto, 2019).

Kramer and Steffensmeir (2020) emphasize that racism impacts judicial outcomes at various stages of the criminal process, from arrest to sentencing. They advocate for organizational changes to promote fairness in sentencing procedures for all races. These studies underscore the necessity of implementing system-wide changes to address racism and racial discrimination within the American criminal justice system (Kramer & Steffensmeir, 2020).

Discussion

The US criminal justice system involves several contentious areas related to racism and discriminatory treatment. These include the use of mandated minimum sentencing, the War on drugs, racial profiling, and the bail system. These policies disproportionately affect minority populations, leading to their detention and longer sentences compared to their white counterparts for the same crime. To address these injustices, I propose several critical changes: Abolishing mandatory minimums to grant judges more discretion, revising drug laws to prioritize rehabilitation, and decriminalize certain offenses, reforming the bail system to adopt an individualized risk-based approach, and implementing bias training for law enforcement and court personnel. Research supports these changes, showing that removing mandatory minimum sentences does not lead to increased imprisonment and that decriminalization reduces racial disparities in the prison population. Additionally, reforming the bail system and providing bias training have been proven to enhance fairness in the justice system.

Conclusion

The United States continues to exhibit disparities in the sentencing and imprisonment of the black population. Achieving equality in this area necessitates fundamental changes at the policy level, encompassing sentencing laws, bail systems, and compulsory judicial education. It is imperative that to monitor and support these changes to foster and strengthen equity in the administration of justice and ensure fair treatment of all people of color, irrespective of their race.

References

Beck, A. J., & Blumstein, A. (2018). Racial disproportionality in US state prisons: Accounting for the effects of racial and ethnic differences in criminal involvement, arrests, sentencing, and time served. Journal of Quantitative Criminology, 34, 853-883.

Blankenship, K. M., del Rio Gonzalez, A. M., Keene, D. E., Groves, A. K., & Rosenberg, A. P. (2018). Mass incarceration, race inequality, and health: Expanding concepts and assessing impacts on well-being. Social Science & Medicine, 215, 45-52.

Donnelly, E. A., & MacDonald, J. M. (2018). The downstream effects of bail and pretrial detention on racial disparities in incarceration. J. Crim. l. & CriminoloGY, 108, 775.

Enders, W., Pecorino, P., & Souto, A. C. (2019). Racial disparity in US imprisonment across states and over time. Journal of Quantitative Criminology, 35, 365-392.

Franklin, T. W., & Henry, T. K. S. (2020). Racial disparities in federal sentencing outcomes: Clarifying the role of criminal history. Crime & Delinquency, 66(1), 3-32.

King, R. D., & Light, M. T. (2019). Have racial and ethnic disparities in sentencing declined?. Crime and Justice, 48(1), 365-437.

Kramer, J., & Steffensmeir, D. I. (2020). Race and imprisonment decisions. In The American Court System (pp. 311-330). Routledge.

Omori, M., & Petersen, N. (2020). Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention, conviction, and sentencing. Criminology, 58(4), 678-713.

Pettit, B., & Gutierrez, C. (2018). Mass incarceration and racial inequality. American journal of economics and sociology, 77(3-4), 1153-1182.