On average, bail amounts are 35% higher for Black men and 19%…

On average, bail amounts are 35% higher for Black men and 19% higher for Latino men than for white men accused of similar crimes” (Gibson et al.). When we look at the issue of bail or pretrial detention through the lens of race, it is clear that white individuals are receiving an unfair advantage. Increased bail amounts directly disadvantage lower income individuals. Inability to afford bail can have a compounding impact. It could lead to job loss which in turn can result in homelessness and inability to support one’s family.
Looking at who benefits from the criminal justice system from things such as bail, probation, and the courts, we found that the governments, states, the country, and the jails benefit the most from these incomes in the criminal justice system. On the opposite side, the disadvantaged of the way the criminal justice system is currently operating would be the lower income communitites, as many do not have enough money for bail. Also looking at race, gender, and age as these also add to the disadvantage. As well as little to no transportation in these lower income areas, trouble to get to probation meetings, court dates, might live far away from their courthouse.
Examples
Throughout the criminal justice system, discrimination has been prevalent from early on. For many years becoming a time of shaming and blaming the woman. The victimization of women led to further emotional, mental, and medical challenges. “Credibility is central to the legal treatment of sexual violence, as epitomized by the iconic “he said/she said” contest. Over time, the resolution of competing factual accounts has evidenced a deeply skeptical orientation toward rape accusers. This incredulous stance remains firmly lodged, having migrated from formal legal rules to informal practices, with much the same result—an enduring system of disbelief” (Tuerkheimer, 1).
For African Americans, their rights and freedoms were stripped even after emancipation from slavery. Some states created a separate court system just for anyone who was 1/8 black or more. “South Carolina’s Black Code established a racially separate court system for all civil and criminal cases that involved a black plaintiff or defendant. Punishments for minor offenses committed by blacks could result in “hiring out” or whipping, penalties rarely imposed on white lawbreakers”(Costley). Although there is no longer separate systems for blacks and whites, for many, especially black men there is a disparity still in the system. While awaiting trial, a defendant can be released on cash bail or bond. David Arnold, Will Dobbie, and Crystal S. Yan published an article “Racial Bias in Bail Decisions” based off data collected by the American Economic Review. They found, “The data suggests that in treating African-Americans more harshly in bail decisions, judges are holding them to a higher standard. The data also suggested that whites who were out on bail were rearrested nearly 20% more than any minority” (Sample).
Furthermore, the cash bail system is unaffordable for lower income Americans, many who are often also people of color. This in turn means that the defendant must stay in jail until their court date. While in jail, they have limited access to health care, as well as limited access to family and support systems that would be of benefit to their mental and emotional health. Staying incarcerated also rules out working and puts the family into further financial crisis.
Once convicted, the probation system once again tends to be easier on women, but challenging for people with disabilities, lower socioeconomic status, African Americans, and men. The ACLU notes that people who are deaf, for example, have a hard time finding treatment facilities that offer sign interpreters. Without the required treatment classes the deaf person is considered in violation of their parole. (Abid) In addition to disability discrimination, African Americans receive more supervision than the white paroles. “The racial gap resembles that in incarceration: Black adults are about 3.5 times as likely as whites to be supervised, and although African-Americans make up 13 percent of the U.S. adult population, they account for 30 percent of those on probation or parole” (Horowitz, Jake, and Connie Utada).
Discrimination is also prevalent in the court system itself. Recently, we saw the first black female Supreme Court justice appointed, Judge Ketanji Brown Jackson. Although this moment in history was celebrated by many there still were those opposed and outright demeaning throughout the vetting process. “As Judge Jackson was publicly berated and aggressed during her confirmation hearings, it was equally disheartening to read and watch people’s reactions to her treatment. Countless news outlets, pundits, and people on the internet praised Judge Jackson for remaining “poised” while responding to questions seasoned with racial over- and undertones” (Frazier Camara). Her story is not unique, throughout America it is one that is played over and over again as other black women strive for leadership positions in the court system and business world. Historically, the first battle was for white women to gain access to “the bench,” then ethnically diverse men. Black women and LGTBQ+ people are still fighting for their place with the court system.
Another concern beside the judges is the jurors. This discrimination is two-fold. Jurors of color are 4.4 times more likely to be struck from selection and the jurors selected come with their own bias’. “In each step of the process, racial bias seeps into decisions made by prosecutors, jurors, and judges — decisions that all profoundly impact a person’s life. This bias undermines the very fabric and premise of our democracy and, unless it is eliminated, no trial will ever be impartial. “(Fernandez) A jury of your peers cannot exist when no one looks like you.
In 2020 after a series of police brutality deaths against black people there was momentum toward bringing equality into the criminal justice system. “African Americans are incarcerated in state prisons at five times the rate of whites. Black men face disproportionately harsh incarceration experiences as compared with prisoners of other races. Racial disparities are also noticeable with Black youth, as evidenced by the school-to-prison pipeline and higher rates of incarceration for Black juveniles” (Inman, Shasta). Overall, the criminal justice system has both well-established forms of discrimination and embedded discrimination. The criminal justice system most often benefits white men and now white women, but still harms and hinders people of color, people of lower socio-economic status and people with a disability.
Reduction of Inequities
Victims of sexual assault have historically not received the attention and credibility deserved by the criminal justice system. “Attorney General (Josh) Stein (of North Carolina) drafted and championed the Survivor Act, which became law in 2019. The Survivor Act is aimed at testing untested (sexual assault) kits in North Carolina and preventing backlogs from occurring in the future” (NCDOJ). Actions like the ones of AG Stein are a good first step in insuring that sexual assault victims are properly represented and respected by the justice system.
According to the NAACP, “A black person is five times more likely to be stopped without just cause than a white person and twice as likely to be stopped without just cause than a black woman” (NAACP). The disparity in treatment experienced by African Americans via the criminal justice system is not a new phenomenon. In October 2000 the Bureau of Justice Assistance sponsored The Sentencing Project, a non-profit organization which promotes sentencing reform, to construct a document that would assist in the reduction of racial disparity. The document was titled, “Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers.” Conducting research like this is a good step forward in educating positions of power amongst the criminal justice community so that they may make appropriate decisions and work towards reduction of the inequity experience by the African American community.
The “gender gap” as it relates to the criminal justice system has been a topic of research for some time. It is common for most people to view this phenomenon as a result of males being more likely to commit crimes of higher severity and with usage of increased levels of violence than females. However, research indicates a disparity in treatment of the genders by the criminal justice system. “women receive between 10-63% shorter prison sentences and are 26% more likely to be released on bail pending trial” (Geppert). Research like that which produced the article “The Effect of Gender on the Judicial Pretrial Decision of Bail Amount Set,” provide the visibility needed by criminal justice personnel to recognize an existing disparity. The criminal justice system is a diverse community with many different roles. They continue to research and identify issues and that will allow these issues to be addressed.
answer ALL of the following questions
What was one thing that surprised you about this institution based on the group project you reviewed? Why did it surprise you?
Identify at least one pattern/similarity between the institutional discrimination in the institution you and your group examined and the institution you are now commenting on.
Identify at least one difference between the institutional discrimination in the institution you and your group examined and the institution you are now commenting on.
Is there something that the group project may have overlooked or underemphasized that you think could give a fuller picture of how the institution works to advantage some and disadvantage others? What additional question(s) were you left with after reviewing the instutition?