The judicial system is supposed to be impartial and play by the rules of fairness to deliver justice without favoritism or prejudice. However, in the American justice system, minorities, especially black males, experience disproportionate unequal treatment due to their race or ethnicity. To some extent, blackness and criminality are almost synonymous, and this issue has a historical basis. Starting from the post-Reconstruction era, prejudiced ideologies pervaded the courts leading to court rulings and preferential laws that have been critical in the unprecedented rise in the number of incarcerated Black males in American prisons even in contemporary times. Black males have been labeled as brutes through various media, and this perception has influenced court rulings. This paper discusses how the mind, self, and society contribute to the labeling of Black males in the courtroom using five articles on the subject.
Literature Review
A 2016 study by Smiley and Fakunle sought to investigate the “historical criminalization of Black males and its connection to contemporary unarmed victims of law enforcement” (350). Specifically, the authors wanted to assess how unarmed Black males have suffered in the hands of law enforcers, were killed for being suspects, and criminalized posthumously. The study found that traditional mass media normally portray these individuals as savages and thugs using a choice language to deliver this message. Smiley and Fakunle argue that the stereotype that Black males are inherently violent has been so pervasive that even journalists advancing these unfounded claims may not be consciously racist. These narratives often find a way into the judicial system where the involved victims are treated unequally and unfairly.
Another article written by Dunnaville, Jr. in 2000 argues that the unequal treatment of minorities in the American justice system is one of the major problems facing modern society in the 21st century. According to Dunnaville, Jr., most Americans believe that the current judicial system is unfair based on a study conducted in 1999, with 52 percent of 2000 citizens saying that they do not fully trust the system (20). Based on this study, “68 percent of African Americans felt they were treated worse than white people, and almost 45% of the white people surveyed agreed with this perception” (Dunnaville, Jr. 20). These opinions are grounded on the fact that race plays a major role in court rulings due to long-standing stereotypes.
In a 2019 article, Brook detailed cases where racism pervaded the trial of various Black males and wonders whether such individuals should be executed, with the evidence that the trial was not fair. According to Brook, the Racial Justice Act allowed death row victims to appeal for a life sentence if there is sufficient evidence to show that race was a factor in their conviction. However, this law was repealed, and the affected individuals returned to death row. The problem of race in American criminal justice is systematic and Black citizens were not included in jurors in any meaningful way until later in the 20th century. Brook concludes that race will continue to play a significant role in court rulings due to the stereotypes based on the assumption that Black males are violent.
In 2020, Bostic wrote from a prison where he is serving a 241-year sentence after being convicted at the tender age of 16 in 1995. While he admits that he is guilty of 17 counts of crimes associated with two armed robbery cases, the judge decided to run the counts consecutively, amounting to 241 years, even though he had the option of running them concurrently, which would mean 30 years in prison. Delivering the ruling, the judge told the victim, “You will die in the Department of Corrections” (Bostic). In 2018, the retired judge who sentenced Bostic to 241 years regretted his decision noting that in retrospect, he recognizes that at such a young age, brains are still developing. However, even with the Supreme Court decisions in 2010, 2012, and 2016 that juveniles sentenced to life without parole could appeal, the State of Missouri refused to hear his appeal.
In another undated article by the Constitutional Rights Foundation (CRF) argues that despite the evidence that Black males are treated unequally in the American criminal justice system, the trend continues unabated. This aspect has led to the disproportionately high numbers of incarcerblacklacks males in American prisons. For example, an analysis by the Bureau of Justice Statistics showed that if “current incarceration rates remain unchanged, 32 percent of black males and 17 percent of male Latinos born in 2001 can expect to spend time in prison during their lifetime” (CRF). On the other hand, only 6 percentwhitehite males will be sentenced to jail. These trends are directly linked to racial stereotypes associated with the assumption that Black males are criminals in nature.
Findings
Based on the findings of these studies, race contributes significantly to the disproportionate conviction of Black males in American criminal justice. Despite African Americans forming only “12 percent of the US population, they account for 40 percent of all incarcerated individuals and 42 percent of those on death row” (CRF). Such racial stereotypes are rooted in history, with the media playing a central role in painting Black males as criminals. Therefore, given that such individuals are adjudged guilty even before the trial, even if innocent, they are unlikely to prove their innocence. The articles are not different, while they use a varying choice of words; they all arrive at the same conclusion that the American criminal justice system is racially skewed. Some gaps that could be filled through research is why Black males are prone to committing various crimes.
Implications for Everyday Life
The information gathered from these studies is important for everyone in contemporary American society, whether scientists, laypeople, scholars, judges, or students. It is time for all Americans to reflect and question the basis of their beliefs concerning the strong correlation between Black males and criminality. People should reevaluate their subjective views objectively and make independent conclusions on whether Black males are inherently criminal. Perhaps this reflection will affect the way such individuals are treated in the courts.
Conclusion
The issue of unfairness in the American criminal justice system is long-standing, with Black males suffering disproportionately to form the largest number of incarcerated individuals on death parole. This problem is associated with stereotypes that have been particularly advanced by the mass media that such a group of people are inherently criminals. This perception has pervaded the justice system, which is characterized by prejudice. The articles analyzed in this paper agree with this argument. As such, people should start questioning their beliefs and make independent conclusions concerning this matter.
References
Bostic, Bobby. “A Juvenile Lifer Finds Peace in the Prison Garden.” The Marshall Project, 2020.
Brook, Jack. “Racism Tainted Their Trials. Should They Still be Executed?” The Marshall Project, 2019.
CRF: The Color of Justice. CRF, n.d.
Dunnaville, Jr., Clarence. “Unequal Justice Under the Law- Racial Inequities in the Justice System.” Senior Lawyers Section, 2000. Web.
Smiley, CalvinJohn, and David Fakunle. “From “Brute” to “Thug:” The Demonization and Criminalization of Unarmed Black Male Victims in America.” Journal of Human Behavior in the Social Environment, vol. 26, no. 4, 2016, pp. 350-366.