Introduction
Background of Study and Opening Statement
Americans are proud of their democratic society where all people are claimed to enjoy equal rights and have equal opportunities. In reality, this equity is quite limited and the criminal justice system is an example of existing disparities. For instance, 40% of imprisoned juveniles are African Americans and the rate for the adult population is even larger as 60% of incarcerated adults are African Americans (Crutchfield, Fernandes & Martinez, 2010). Importantly, 40% of such rates cannot be explained: “by differential offending patterns” (Mauer, 2010, p. 1). It is noteworthy that, according to Walker, Spohn, and DeLone (2011), the less serious an offense is the greater ethnic and racial disparity exists.
Researchers and officials started concentrating on the issue of disproportionality and disparity in the criminal justice system in the 1980s (Bilchik, 2008). Since then, no particular causes of the disparity have been properly analyzed. Researchers have identified several causes of the issue. Thus, Mauer (2010) states that major causes are disparities in criminal justice processing (especially procedures associated with the war on drugs), the overlap of race and class outcomes, the impact of the existing policies that are claimed to be ‘race neutral’. For instance, as far as procedures are concerned, it has been found that the rate of white people and people of color who are stopped is quite equal. However, the outcomes of these procedures are different as people of color are detained more often. As for policies, they also contribute to disparity as people of color who have to live in urban areas and low-income neighborhoods are more likely to be stopped and detained than white people who often live in suburban areas.
Problem Statement
However, although the causes have been identified quite correctly, it is unclear to what extent each of them affects the issue. It is important to understand the role each of the causes mentioned above plays in the increase in racial and ethnic disproportionality and disparity in the criminal justice system. This will enable researchers and officials to come up with effective policies aimed at reducing disparity and the development of truly ‘race neutral’ laws and policies.
The Purpose of the Study
The purpose of this study is to implement a quantitative analysis of the impact of disparities in criminal justice processing, the overlap of race and class outcomes, and the impact of the existing policies on the increase in racial and ethnic disparities in criminal justice. It is important to understand which of these causes is the most significant to be able to develop appropriate policies to address the issue.
Research questions and hypotheses
The hypotheses of this research can be formulated in the following way.
- Hypothesis 1: The existing law enforcement, which is associated with disparate practices and race non-neutral policies, has the greatest effect on the increase of racial and ethnic disparities in the criminal justice system.
- Hypothesis 2: Accessibility of high-quality defense for people of color is limited and this contributes to the increase of disparity and disproportionality in the criminal justice system.
The research questions can be formulated as follows:
- To what extent, do the existing police procedures have an impact on the increase of racial and ethnic disparity in the criminal justice system?
- To what extent, do the existing laws and policies have an impact on the increase of racial and ethnic disparity in the criminal justice system?
- To what extent, does class affect the increase of racial and ethnic disparity in the criminal justice system?
Theoretical Framework
The present research will be based on a quantitative analysis of primary and secondary sources. Secondary sources eligible for this research will be scholarly journal articles published from 2005 to 2015. Older articles will be excluded from the research. The articles on the following topics will be included in the analysis: racial and ethnic disparity in the criminal justice system and the development of the US criminal justice system. The number of articles based on qualitative research will be limited (if any).
Apart from articles, particular cases will be analyzed. To make sure that the results are relevant, at least, 100 cases and 100 articles will be analyzed. Juvenile, as well as adult offenders’ cases, will be included in the research. To understand the extent to which race affects the way procedures are carried out and policies are implemented, the cases will be chosen by the offense. Thus, the research will focus on the results of trials involving white offenders and offenders about an ethnic minority. Specific attention will be paid to particular laws and procedures.
The independent variable is the offender’s race and ethnicity as well as class. It has been mentioned that accessibility of high-quality defense is important and, hence, it is necessary to identify the exact correlation between class and law enforcement outcomes. Such variables as age and gender will not be taken into account. The dependent variables are procedures used in certain cases, policies used, and the outcomes of the trial (decision, sentence, and so on). The research will focus on the significance and contribution of each of the causes of racial and ethnic disparity mentioned above.
Reference
Bilchik, S. (2008). Is racial and ethnic equity possible in juvenile justice? Reclaiming Children and Youth, 17(2), 19-23.
Crutchfield, R.D., Fernandes, A., & Martinez, J. (2010). Racial and ethnic disparity and criminal justice: How much is too much. Journal of Criminal Law and Criminology, 100(3), 903-932.
Mauer, M. (2010). Justice for all? Challenging racial disparities in the criminal justice system. Human Rights, 37(4), 1-3.
Walker, S., Spohn, C., & DeLone, M. (2011). The color of justice: Race, ethnicity, and crime in America. Belmont, CA: Cengage Learning.