SG2058: Victimology: Victim Portfolio

 Introduction

The high upsurge of incarceration in the USA due to the drug war has negatively impacted the black communities. Blacks are 5-7 times are likely to be charged in court with offenses associated with the drug than whites (Rosenberg et al., 2017). As a result, there is racial bias in the judicial system, encompassing judicial policies, sentence length, arrest rates, convictions, police practices, mandatory minimum sentences, community supervision, diversionary opportunities, and media trends. Therefore, understanding this racial bias would enable relevant policymakers to develop measures to reduce or eradicate this vice and embrace equal treatment of all races in the USA. This portfolio explores the key concepts and socio-historical background of racial bias in the U.S. judicial system. Moreover, the portfolio presents statistical (quantitative) and qualitative findings related to racial bias in U.S. criminal justice. The portfolio also incorporates a case study to demonstrate the consequences of racial bias in U.S. criminal justice.

Key Concepts

Economic disadvantage: According to Rosenberg et al. (2017), the blacks they incorporated in their study had an economic disadvantage, as revealed by participants' educational levels and lower income. Furthermore, in 2011, the study indicated that there were about 25% of black men in New Haven City than white men, and the unemployment rate stood at 12 %( Rosenberg et al., 2017). During this time, the earnings of the blacks were $37,547, which was less than the whites' income ($77,443) (Rosenberg et al., 2017). Therefore, the poverty rates among blacks drive them into the drug trade.

Drug arrests: The fight against drugs increases drug criminals' interaction, leading to racial bias among the offenders. In most circumstances, there is always a high rate of arrests due to drug cases among blacks than whites (Dunmore, 2019). Different states in the USA have distinctive rates of drug offenders. For instance, in Georgia, blacks were incarcerated 17 times more the whites for cocaine offenses. Furthermore, in Minnesota in the 1980s, the rate of arresting the black for a drug offense was 500% more than that of whites, which had an arresting rate of 22 %( Dunmore, 2019).

Racial disparity: Racial disparity is rampant in the U.S. judicial system. The studies indicate that after the blacks have been sentenced, they stay in jail longer than the whites in the same case (Buck, 2022). The data released in 2001 revealed that one out of three male children born in that period were likely to be charged due to drug offenses. Surprisingly, ethnic and racial disparities are not rampant among black women as black men. Nonetheless, the racial disparities are higher among black women than white women.

Racial bias among jury members: In some circumstances, both attorneys responsible for prosecution and defense cases may strike that fuel bias in cases before (American Civil Liberties Union, 2023). This behavior circumvents them from judging fairly. Sometimes, these tactics are unnoticed. For instance, there are several occasions where black offenders are sentenced for an offense because of wrong judgment (Wiley, 2020). This behavior extends to the sentencing of drug offenders.

Socio-Historical Background

The racial bias in criminal justice practices and policies have indefensible and historically directed toward black communities from the Reconstruction Era, encompassing convict leasing, vagrancy laws, and Black Codes, which were applied to support post-slavery and regulate newly-free individuals from prisons (Buck, 2022). Racial bias continues in the U.S. judicial system in often less obvious ways, such as through disproportion in law enforcement. For instance, the cases of drug use are the same across all the races in the USA, but blacks are more frequently arrested and imprisoned than other races (Buck, 2022). The bias exercised in different phases of the judicial system target black communities. The studies point out that blacks are frequently stopped by police officers and charged in court for serious crimes (Buck, 2022).

Additionally, their jail terms usually last longer than the whites with similar cases (Buck, 2022). The blacks are economically disadvantaged, which exposes them to risk factors of committing crimes related to drugs and other wrongdoings (Eldaly, 2021). Sadly, the inequality of opportunities and structural racism imply that black communities more often live in poverty conditions. The racial disparities in the judicial system are associated with the high cost of living for communities, families, and individuals (Eldaly, 2021). Moreover, at a personal level, criminal sentencing reduces employability and access opportunities such as public and housing services. Again, at the community level, the imprisoned individuals from economically disadvantaged communities deplete the economic resources, thus fueling the poverty cycle, which exposes them to criminal activities, including drug-related offenses.

Currently, racial gaps indicate that the tough measures and different crimes, including drug offenses and mass imprisonment, affect all races in the USA the same. However, the studies reveal that racial disproportions negatively impact black communities more than other races (Vanidestine, 2015). Even though racial inequalities have narrowed down in the past few years, there is a wider gap between the rate of imprisonment between white and blacks. The imprisonment rates cut across all criminal-related activities. In state prisons, blacks are imprisoned at 5.1 times more than whites.

Studies demonstrate that one out of eighteen black individuals born in 2001 was more likely to spend time in jail in their lifetime than other races (Vanidestine, 2015). For instance, the Latinos and whites born in the same period, only one out of forty-five Latinos and one out of one hundred and one whites, respectively, are likely to be imprisoned in their lifetime (Eldaly, 2021). Additionally, the percentage of black women in prions is higher than its percentage in the total women population in the USA, implying a high rate of imprisonment of black women.

The racial inequalities in criminal justice do not occur as an accident. However, they are based on the antiquity of discriminatory and oppressive practices targeting black communities (Eldaly, 2021). As a result, these practices develop a concept that associates blacks with criminal activities. Studies indicate that Blacks experience racial biases throughout the judicial system, including juries, judges, prosecutors, and police (Buck, 2022). The fundamental of these injustices leads many blacks to live in areas with factors that drive them to commit crimes, resulting in a cycle of justice system involvement.

Hinton and Cook (2021) unearth how officials and policymakers in government officers have used imprisonment, criminal law, and policing as an approach for exercising social control among blacks from the colonial period to the present day. Therefore, the literature demonstrates that racial bias in the USA is common among blacks and other minority communities.

Statistical Data

According to the Prison Policy Initiative (2022), the USA imprisons people more than any other country globally. For instance, 543 out of 100,000 residents have spent time in jail in their lifetime (Swayer & Wagner, 2022). Based on this data, 146,000 drug cases were reported (Figure 1). Furthermore, Camplain, in their research, indicates that ethnicity or race is related to reasons for drug-related arrests in the USA (Complain et al., 2019). They argued that the overrepresentation of ethnic or racial minority groups in the judicial system results from different factors, indicating an element of racial biases among minority communities. Gaston (2016) rejects the drug involvement concept and gives differential scrutiny. Even though the differential assessment cannot expound on racial disproportion in drug enforcement, it helps in understanding why racial disparities occur in the judicial system (Gaston, 2016). The findings found that racial-biased policies are responsible for racial discrimination in the criminal system that negatively impacts minority groups, especially in the USA. For instance, the multivariate statistical assessment indicates that racial composition in the neighborhood is the main predictor of the racial inequality challenge, leading to high rates of mass imprisonment in black communities (Gaston, 2016).

Figure 1: Distribution of criminal offenses in the USA (Source: Prions Policy Initiative)

Furthermore, in 2002, about 174,000 individuals were imprisoned for drug offenses, and 50% came from black communities (Taifa, 2021). Surprisingly, black only represent 13% of the total population of the USA during that time (Taifa, 2021). Thus, this number demonstrates a mass arrest of drug offenders among blacks more than among other races in the USA. The reasons for this racial inequality in the US judicial system encompass the compulsory federal sentence.

Qualitative Research Findings

In the qualitative research of Godkhindi et al. (2022), they found five themes associated with racial disparities in H.R. (harm reduction). These themes were harm reduction's whiteness, diversifying harm reduction workers, harm reduction as an edge for policing, absence in harm reduction-related promotional, and drop-in spaces for particular minority groups. The first theme is the obstacle to access to services (Godkhindi et al., 2022). The second aims at overcoming distrust. The third theme is crucial in helping people in minority groups to access harm reduction. Furthermore, the fourth theme accelerates factors that drive blacks into drug-related crimes. The fifth theme shows that harm reduction can contribute to policies preventing racial discrimination in the US judiciary system for black drug offenders and other crimes.

 The findings indicate that institutional and structural racism is common in the services. For example, some racial practices and policies cannot solve the intersectional concept of the drug policy crisis (Godkhindi et al., 2022). As a result, they suggest that the organizations that provide hard reduction services should redefine their practices and policies by incorporating the communities in their activities (Godkhindi et al., 2022).

Therefore, the findings are important in the present portfolio. For instance, it provides insights into identifying the factors contributing to racial disparities in different sectors (both public and private), including the judicial system. Understanding and embracing the findings in the criminal justice system would eradicate some elements in the judicial system. This will eventually result in the fair treatment of drug offenders from black communities.

Case Study

Winslow Fate Vincent is an example that unearths racial disparities in the US judicial system. He was imprisoned in Louisiana without parole because his involvement in the marijuana sale was worth $10 (ACLU, 2014). The police officer enticed Winslow to purchase a small amount of Marijuana with a promise of a $5 commission. At that time, Winslow, who was coming from a minority group (black community), was homeless. As a result, he hurriedly accepted the offer to get the commission to use the money to buy food (ACLU, 2014). Winslow went ahead and purchased the said amount of Marijuana (two bags). He later handed the Marijuana to the officer (ACLU, 2014). It did not take time before the officers arrested Winslow. Additionally, they did not arrest the seller, who was a white man.

During the trial, the jury, composed of ten white members, found Winslow guilty of distributing illegal drugs (Marijuana) (ACLU, 2014). On the other hand, two juries were blacks who did not find Winslow guilty. For this reason, Winslow was sentenced to compulsory life imprisonment without parole. Winslow's case is a true picture of the US judicial system. The offenders from the majority group are likely to go without arrest even if they commit the same offense the individuals from the black communities.

Furthermore, another aspect of an economically disadvantaged person is revealed in this story. Winslow was homeless, implying he was sleeping in the streets and hungry. These factors forced him to accept involvement in criminal activity to feed himself, an activity that led him to jail. It is also evidenced that Winslow could not afford an attorney, which explains his economic status.

Conclusion

Based on the findings from different studies, racial disparities still exist in the US judicial system, and blacks are greatly affected. Even thorough different people and organizations have put measures to eradicate it; they need to put more effort toward these mitigation measures. Some researchers, such as Godkhindi and colleagues, have proposed crucial ways to fight this vice in the US judicial system and the entire country. People need to embrace diversity, and legislators and policymakers should develop measures that seal the current racial loopholes in the criminal justice system.

References

American Civil Liberties Union. (2023). Racial and Criminal Justice. https://www.aclu.org/issues/racial-justice/race-and-criminal-justice

Wiley, E. (2020, July 20). How Racism in the Courtroom Produces Wrongful Conviction and Mass Incarceration. Legal Defense Fund. https://www.naacpldf.org/judicial-process-failures/

Hinton, E., & Cook, D. (2021). The Mass Criminalization of the Black Americans: A Historical Overview. Annual Review of Criminology, 4, 261-286. https://doi.org/10.1146/annurev-criminol-060520-033306

Sawyer, W., & Wagner, P. (2022, March 14). Mass Incarceration: The Whole Pie 2022. Prison Policy Initiative. shorturl. at/gS234 

Camplain, R., Carolyn. C., Trotter II, R.T., Pro, G., Sabo, S. (2020). Racial/Ethnic Differences in Drug- and Alcohol-Related Arrest Outcomes in a Southwest County from 2009 to 2018. American Journal of Public Health, 110(1), S85-S91.

Gaston, S. (2016). Race, Neighborhood Context, and Drug Enforcement: A Mixed Method Analysis of Racial Disparities in Drug Arrests (Doctoral dissertation, University of Missouri-St. Louis). https://irl.umsl.edu/cgi/viewcontent.cgi?article=1122&context=dissertation

Taifa, N. (2021). Race, Mass Incarceration, and the Disastrous War on Drugs: Unravelling Decades of Racially-biased Anti-drug Policies is a Monumental Project. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/race-mass-incarceration-and-disastrous-war-drugs

Godkhindi, A., Nussey, L., & O’shea, T. (2022). "They are" Causing More Harm than Good”: Qualitative Study Exploring Racism in Harm Reduction through the Experiences of Racialized People Who Use Drugs. Harm Reduction Journal, 19(96), 1-11.

ACLU. (2014, October 17). Racial Disparities in Sentencing: Hearing on Reports of Racism in the Justice System of the United States (Pdf). https://www.aclu.org/sites/default/files/assets/141027_iachr_racial_disparities_aclu_submission_0.pdf

Rosenberg, A., Groves, A.K., & Blankenship, K.M. (2017). Comparing the Black and White Offenders: Implications for Racial Disparities in Criminal Justice and Reentry Policy and Programming. J Drug Issue, 47(1), 132–142. Doi: 10.1177/0022042616678614

Dunmore, W. (2019). African American, Postrelease, Opioid, Female Offenders’ Experience in Job Interviews (Doctoral dissertation, Walden University). https://scholarworks.waldenu.edu/cgi/viewcontent.cgi?article=8413&context=dissertations

Buck, J. W. (2022). A Qualitative Narrative Oral History Analysis: Perceptions of Two African American Christians Who Lost Loved Ones in the Charleston Massacre (Order No. 29069558). Available from Publicly Available Content Database. (2652912509).

Eldaly, S., II. (2021). Understanding the Desistance of Formerly Violent Offenders: An Adult Learning Perspective (Order No. 28545082). Available from Publicly Available Content Database. (2561899278).

Vanidestine, T. J. (2015). The Conceptualization of Race and Racism in the Discourse Addressing Racial and Ethnic Health Inequities (Order No. 3746188). Available from Publicly Available Content Database. (1756271146).