Racism in Criminal Justice : Repairing A Broken System

 

    My perspectives on racism in Criminal Justice stand are pretty much differential for matters pertaining to crime and deviance. In some instances, it can be a bit difficult to explain the disorganizational processes that are involved with social conflict, social control, under the spectrum of social order. My definitions of differential stand parallel to mathematical definitions of behavioral frequencies that coincide with social change. The definitions of social order that I hold, pertain to subset views of things like equality, freedom, and other human rights that are revealed to me as a result of social interaction and observations. 

    Before starting this class I did think racism was a problem in Criminal Justice, but after taking this course in combination with other criminal justice courses my perspective was broadened by what I had learned.  More shocking was the realization that racism, deprivation, prejudices, and stereotyping not only lead to heinous crimes but that there's also a systemic current by which they are systematically driven. 

  In the Central Park, Five Documentary Jim Dwyer states that: "A lot of people didn't do their jobs." I think this statement refers to the level of morality some people should or should not exercise when work ethic is being challenged. More specifically, drawing focus to Rule 201 Judicial Notice of Adjudicative Facts in regards to evidence and examining the potential for error.

 Calvin Butt's statement of notice "As far as I'm concerned, in the late '80s in New York City, the Black community was under assault. The most endangered species in America, that was a popular phrase, was the young Black man."  is reflective of the confessions obtained by the group at the Central Park precinct around the time that the crime occurred. Particularly referencing to the (Rule 1007) Testimony or statement of a party to prove content in relation to the tampering of evidence. The phrase may still hold some truth in today's era, given that anything anyone says can still be used against them during criminal investigations especially, when certain people are denied access to legal representation.

  Journalist Natalie Byfield stated that  "In the first few days after the incident, the narrative that came out was that these young men were guilty. And it was almost unquestioned." I agree that the mode of interrogation that the Central Park Five was subjected to was unquestioned, where its admission caused an unfair prejudice.

   Ed Koch's (New York City mayor)  statement: "This will be a test of the system... People want to see how the criminal justice system works or if it works." I think his statements are in reference to decisions made by district courts in comparison to that of supreme court decisions in regards to balancing case evidence and competing interests.

References: 

DeVaney, A. (1990). RULES OF EVIDENCE. Journal of Thought, 25(1/2), 6-18. Retrieved August 3, 2021, from http://www.jstor.org/stable/23801682

Holcombe, R. (2014). Consenting to Collective Action: The Classical Liberal Constitutional Calculus of James M. Buchanan. The Independent Review, 18(3), 359-372. Retrieved August 3, 2021, from http://www.jstor.org/stable/24563240 

Burgess, R., & Akers, R. (1966). A Differential Association-Reinforcement Theory of Criminal Behavior. Social Problems, 14(2), 128-147. doi:10.2307/798612

Institutional Racism in Corrections

 

     My perspectives on racism and correction is that people of color are incarcerated more often than whites. Systematic racism seems partial to the cause of the racialization issue in correctional settings. The population percentage is different for each state, and it affects the prison population. In many cases, prisoners may be remanded to other prisons to relieve overcrowding and adjust the prison population's racial ratio. Depending on the types of crimes that have been committed, the justice system attempts to address this issue after the matter has been heard and been tried. 

   In the film 13Th, the issue of racism in corrections is not a shocking one since imprisoning people of color, predominantly Blacks, historically dates back to the 1800s. I think that a  social burden does exist among people of color. As a result, Whites also encounter racial injustices. The term racism has developed into a radicalized term that affects every race in the United States. The correctional system bears a portion of this burden reflection due to the disproportionate structure of state laws. The laws differ from state to state; for example, the gun laws, under the constitution, everyone in the United States has the right to bear arms, but some states may have different stricter requirements and restrictions than other states in regards to the right to carry them. Therefore, the number of people incarcerated due to gun crimes may differ, therefore, may not reflect the population.

   Privatizing Prisons is usually a process of determining who is entitled to become a stakeholder of a prison establishment. Federal regulations will still apply to prison practitioners that seek to open independent prison programs. Whether or not stakeholders should be part of the decision table seems to be a determination that most likely is addressed through a chain of command in which that prison was designed to structurally function as. 

    Keeping people out of jails and prisons by offering probation and parole can be a good solution to the overpopulation in prison. Some people may want to take the option if granted over dealing with the pains that accompany prison time. I do not think there is too much of a problem with being put under community surveillance as part of a parole or probation condition or program. So long that the participants are aware that such supervision is being undertaken. 

   Finally, the quote that stood out to me the most is: We are a nation that professes freedom, yet we have this mass incarceration - this hyper incarceration - that is trolling into, grinding into it, our most vulnerable citizenry, and it is overwhelmingly biased towards people of color. by Cory Booker (U.S. Senator), in my perspective points out the transitionary periods of freedom between the incarcerated states of social balances and liberties.

References:

Scott, W. D. (2015). Investigating the need for transparent disclosures of political campaign contributions and lobbying expenditures by US private prison corporations. Accounting and the Public Interest, 15(1), 27-52.

Gardiner, R. E. (1982). To Preserve Liberty-A Look at the Right to Keep and Bear Arms. N. Ky. L. Rev., 10, 63.

Disparities in the Judicial System

    My perspectives on institutional racism within the court system stand distinctive to the differential social structure in which it was punitively designed to serve. Many people are often drawn or called to answer a clearance of social debt. This includes disputes that exhume the need to repair injustices that have occurred and may reoccur due to the social changes that are individually perceived by the latter group. As a result, challenges views relative to the degrees of freedoms many people believe they are entitled to and then compared to others from similar or different backgrounds. This includes race, class, gender, and economic decree. 

    In the context of Race and Adjudications (Butler, 2017), the author expresses that fundamental fairness is excited through a frequence of relative negotiations that allow for the composition of equal protections to become reflected within the Poole of the latter group. However, it is stated that 95% of court matters are resolved without the cases ever going to trial. The concept that negotiations are better when presented to a latter group (i.e., Jury) during trials is shortened by plea bargains. The reasons seem to be predominantly defined by the presumptions that plea bargains are, in essence, a form of speedy trial. Whereas the latter group is replaced by the actors present during that period. 

  When people of a specific race are the focus of plea bargaining, it reveals that the reasons for its offering are to inadvertently demonstrate a mens rea and actus reus as part of the corpus of crime. The questioning of evidence is often examined. An appeals process may be offered based on the prescribed conditions that are set. There are no takeaways additives to my perspective. When defendants are offered plea bargains, they often choose to do so because it can shorten the amount of time people may spend in jail or under court supervision. This often leads to developing malingering attitudes that influence community engagement Grossman & Wasyliw (1988). Hasty generalizations are up for debate in the context of prison populations. Every so often, defendants are transferred from place to place to correct the ratio of indifference and perhaps balance out negatively influenced racial perspectives.

In the documentary True Justice, Bryan Stevenson gives his reflections of the expectation of equality relevant to the words that are engraved on the U.S. Supreme Court Building: Equal Rights Under Law. The words Equal Rights Under Law that are etched on the supreme court building, in my opinion, reflects the concepts expressed in some theories of law regarding the application of the Constitution Kelsen,(1937). The Article VI Confederation which states that: The Constitution and the laws of the U.S. which shall be made in the pursuance thereof; and all treaties made, or which shall be made, under the authority of the U.S., Shall be the supreme law of the land; and judges in every State shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. This article asserts the power of the Supreme Court when it comes to the application of constitutional rights for the people. This includes the clauses of the Fourteenth Amendment, equal protection rights, and the administration of justice without respect to persons and equal rights to the poor and the rich (28 U.S.C. Section 453).

     In Stack v. Boyle 342 U.S. 1, the petitioner’s request for a motion to reduce excessive bail was denied. However, the defendants were able to file with the court of appeals, and a writ of certiorari was approved. The court concluded that the amount of bail set was not calculated by the use of proper methods. As a result, the case was resolved and dismissed without prejudice. I believe this is what the author of the article is trying to relay to the public regarding the need to relax bail requirements. This case shows the struggles that people often face in the judicial system and is revealed through the rejection of appeals in one court and the acceptance of appeals in another (i.e., The Supreme Court of Appeals).

Finally, the quote by Stephen Bright (President, South Center for Human Rights) There's a huge difference between law and justice, in my opinion, is reflective of the definitions related to substantive laws and due process. Substantive law and due process are related to the way the laws are applied in respect to aboriginal rights, statutes, common law, and the constitution that, in comparison, are dissimilar to come procedural laws. Substantive due process is a relatively modern doctrine that was developed to defend the rights not mentioned in the constitution and the guarantees that guard against unfairness. The premise is that when these factors are unified, the due process of justice is achieved. This idea gives weight and new meaning to the quote: The layman's constitutional view is that what he likes is constitutional, and that which he doesn't like is unconstitutional. That about measures up the constitutional acumen of the average person-Hugo L. Black, (1926)

 

References:

Hilliard, J. W. (1996). To Accomplish Fairness and Justice: Substantive Due Process. J. Marshall L. Rev., 30, 95.

Harris, J. (1975). The American Political Science Review, 69(4), 1427-1429. doi:10.2307/1955302

Janzen, H. (1937). Kelsen's Theory of Law. The American Political Science Review, 31(2), 205-226. doi:10.2307/1948132

Burgess, R., & Akers, R. (1966). A Differential Association-Reinforcement Theory of Criminal Behavior. Social Problems, 14(2), 128-147. doi:10.2307/798612

Stack v. Boyle, 342 U.S. 1 (1951). Justia Law. Retrieved: July 24, 2021, https://supreme.justia.com/cases/federal/us/342/1/.

Racial Disparities

        In my perspective, institutional racism and disparities are reflective of the disproportional structure of the laws. Many communities are affected by the changes or the unchanged routine matters that occur during the transitional phases of law passing. The unknown parameters within a community may be camouflaged and manifest themselves as a social antagonistic response in how they are enforced because of how they are opposed. Usually, this process is central to the drafting, sub-review, and approval periods surrounding the passing of the laws. The opposing views become determinant to the shared views of race, creed, color, and national origin. Institutional racism in the law enforcement sector is visible when incidents show that its existence can not be ignored.  

    Although many sources highlight important factors to allow for the rationalization of racism, it is still unsettling that brutality and other forms of violence stem from a non-colorblind society. Historically,  violence has been used to prohibit some people from gaining the support of others to embark on a life of independent living within a pluralistic society. In the article Racism and Police Brutality in America, the authors emphasize the concepts related to the critical race theory and where the fixated views of social heritage may have emerged. The disparities in behavior between citizens and officers in the way it is challenged is to imply that officers are not also citizens. The idea that people become their employment positions outside of the workplace puts civil pressure on the social environment. Therefore making it clear just how difficult and even threatening that social status change can impact a society.

    In the documentary "16 Shots," representative Pat Camden responded to the shooting of Laquan Mcdonald by stating that it was "a clear cut case of self-defense." The statement points out that there was a clear denial of nonviolent confrontation during the incident that caused a shock of the conscience. Drawing focus to the use of force being "objectively reasonable" to the totality of the circumstances. However, it has been stated that merely holding a firearm, for example, is not cause for the use of deadly force but the threat that accompanies the behavior that pulls justification for the acts that follow, Cooper v. Sheenan, 735 F.3d 153 (4th Cir. 2013). The documentary showed a short clip of the incident, which implied that the officer responded reasonably to what appeared to be a threatening situation from the angle from which it was filmed. 

     Jason Van Dyke was said to have been the subject of several misconduct allegations, which in my opinion, suggests that the value of controversy should not surpass the rights of the people under common law. Given the circumstance, it seems that a degree of civil resistance was brewing already in objection to the kinds of protections being offered and provided in relation to civil claims before the incident. Jason Van Dykes sentence of 6.5 years with the possibility of parole in three years seems lenient for a conviction of second-degree murder. In my opinion, it appears that the factors were extraneous to the case, which drove the sentencing decision, showing that there was some level of shock that otherwise may have challenged the ego of the officer into responding the way that he did towards Laquan Mcdonald, Johnson v. Glick, 481 F.2d 1028 (2d Cir. 1973).

   Finally, the quote by Journalist Jamie Kalven "I did what everybody does: I turned the page," expresses that free will is paradoxical to the changes lurking within the questions that seek reinstatement. Kalven's statement shares the burden of showing a level of social precedents that is governed by the broader "orbiter dictum." 

Citations:

Researchers Propose Reforms on Police Use of Force in U.S. in new Article. Wilson Center for Science and Justice | Bringing Empirical Research to Criminal Justice Reform. (2020, December 10). https://wcsj.law.duke.edu/2020/12/researchers-propose-reforms-on-police-use-of-force-in-u-s-in-new-article/.

Lamond, G. (2006, June 20). Precedent and Analogy in Legal Reasoning. Stanford Encyclopedia of Philosophy. https://plato.stanford.edu/entries/legal-reas-prec/.

Smentkowski, B. P. (2013, September 11). Seventh Amendment. Encyclopedia Britannica. https://www.britannica.com/topic/Seventh-Amendment

C. W. Muehlberger, Col. Calvin Hooker Goddard 1891-1955, 46 J. Crim. L. Criminology & Police Sci. 103 (1955-1956)

Reflection Blog Introduction

    

 

    Hello everyone, my name is Jesenia Filpo, and I am a student here at Oswego University. I transferred to Oswego from Cayuga Community college after completing an Associate's degree of Applied Science in Criminal Justice. I am currently working towards completing a Bachelor's degree in Criminal Justice. After graduation, I hope to continue my education in behavioral science and explore the field of forensics. If I were to visualize myself working within the criminal justice system, I would have to conclude that the best fit for me would be doing research as a Forensic Criminologist. 

  I currently live in New York City, and my hobbies include reading, listening to music, surfing the internet, looking at artwork, cooking, and exercising from time to time. I have a dog named lily, she is a blue merle mix breed. My favorite sports teams to watch when I get a chance to are the Giants and Patriots for football, the Knicks and the Brooklyn Nets for basketball, and the Mets and Yankees for baseball. My favorite foods include pizza, different types of pasta dishes, and ice cream pie deserts.                                                       

 

My thoughts on racial inequality and the Criminal Justice system are that some people do not experience racial injustice, and some do.  I believe that racism occurs in stages of discrimination and is often reflected in the way the laws are structured. There are states that have different laws and have to apply them in a way that will allow time for civil rest.

    In light of movements like #BlackLivesMatter, and #DefundThePolice following the deaths of George Floyd and Breonna Taylors, I find that the climate change surrounding the criminal justice system to be similar to other public responses involving racism and violent crimes. Similar cases share the burden of racism and violence and at the same time also make apparent that a system of social caste exists as embedded pieces of strain that are sought out to challenge the structure of a society.  A moment that stood out to me was the Los Angelos riot following the beating of Rodney King (1992), which I found to be a bit similar to the Chauri-Chaura incident of 1922 that took place in India. Although it is not something that occurred in the United States, it showed that the struggle for social equality can be identified broadly on a global scale.