Prejudice and Discrimination in the Judicial System

Introduction

Every country believes that the United States has a robust democratic system where the rule f law prevails over personal, political and racial issues. However, the recent events that occurred in the political and judicial system expose a different part of this admired country. Cases of racial discrimination have become a common occurrence yet little is being done to address this issue. Democracy demands that every person should have a right o exercise their civil liberties and enjoy their freedoms and rights without restriction from the state or other people. The amendments in various acts have resulted in the abolishment of some privileges and granting institutions or individuals the power to violate the rights of citizens. However, the injustices committed on innocent citizens have a peculiar characteristic where Native Americans do not suffer like their counterparts, especially the African Americans and Latinos. This essay examines the prejudices and racial discrimination that exist in America’s judicial systems and the factors that influence these occurrences.

Definitions

Prejudice. This refers to a misconstrued perception about something or someone. In most cases, these perceptions are usually wrong or portray the victim in a bad light. The vice is common in most places in the United States, especially those which were traditionally reserved for Native Americans before the abolishment of the slave trade and other discriminatory practices. Prejudice lowers the self-esteem of individuals and influences them to hate and despise people who are considered to be of less value than others.

Discrimination. It refers to the practice of offering unfair treatment to people based on a criterion that groups individuals with similarities and locks out those that do not belong to them. Racial discrimination refers to the act of giving special treatment to individuals of a race that is perceived to be superior to others. This practice has been common in the United States in the recent past as witnessed in major international and local media channels.

Racial Discrimination in the United States Judicial System

Prevalence

The recent events in the United States security and judicial system have exposed the evil of racial discrimination that continues to threaten the peaceful existence of people from different races. There is a glaring disparity in the differences between the races in terms of incarceration. Judges have played a significant role in contributing to the prevalence of this menace by issuing sentences without getting adequate evidence pot warrant convictions (Besley & Payne, 2013). They ignore the due processes and assume all African Americans are guilty even before a hearing is complete. The black population suffers the greatest brunt of this discrimination because some judges believe that these people are prone to committing crimes. There is a high rate of black incarceration (almost thrice) than whites because of the racial biases that dictate how judged pass sentences. The white population enjoys a considerably freer and fair judicial system because of the leniency awarded to it by white judges. A recent survey by the United Nations revealed that African Americans make 72% of the total population of incarcerated individuals while whites and Hispanic make 12% and 16% respectively. The data shows that more African Americans are incarcerated, and the huge gap explains why racial discrimination is a serious evil in the United States. Therefore, African Americans take dominate correctional facilities and are the greatest perceived criminals by the United States judicial and security systems.

Causes

Discrimination causes the chief causes of the huge disparity in the racial proportions in America’s correctional facilities. The judicial system was founded on the basis of treating whites as more important and superior to other races. In addition, it was established in the precincts that white Americans have more rights and privileges than people from other races. It is easy to identify glaring loopholes in America’s judicial system by scrutinizing court proceedings, evidence and sentences passed. African Americans are believed to harbor criminal intents, and that is why they are usually frisked and forced to do other unjust activities in public on suspicion that they are criminals. Secondly, African Americans are considered to be a minority population. Therefore, they are usually treated unfairly. The majorities usually have their say and way regardless of what the minorities think. America’s democratic values are founded on the need to protect the inhabitants of this land at all costs. All minority groups are usually treated as strangers who do not deserve to be treated equally (King, Dunleavy, Dunleavy, Jaffer, Morgan, Elder & Graebner, 2011). Hispanics do not suffer serious racial discrimination as African Americans because they form a larger population. Thirdly, there is a weak political representation of minority groups in both houses. Politicians that represent African Americans and Hispanics are very few and their voices cannot effects any changes. The rule of democracy is given prominence when it comes to deciding the issues that affect minority groups. Therefore, most of the issues that are supposed to protect their interests are watered down to ensure the status quo remains. It is not easy to influence other politicians to support the will of the few African American representatives in both houses. Thirdly, there is a long history of hatred between white Americans and people of other races. The days of Martin Luther King Junior saw most African Americans and whites lynched by their counterparts. Racial discrimination is rooted strongly in the national culture of this country. There has always been a tense atmosphere between whites and blacks, and this continues to fuel the enmity between them. Unfortunately, the judicial system is body committed to ensuring the legacy of racial discrimination lives on (Strong, 2015). No judge wants to enter the books of annals as the first one to let the rule of law prevail and set free an African American. Cases pitying whites and African Americans or Hispanics usually result in the conviction of the former because they are perceived as intruders. Fourthly, African Americans know that whites hate and discriminate against them in almost all public matters. Therefore, they had a low self-esteem and misconstrued notion that their counterparts are enemies. Some African Americans have been found guilty of killing or injuring whites because of the inferiority complex that haunts them. Lastly, the ever increasing inequalities between whites and African Americans have elevated enmity between these groups. Nobody trusts the other and tense moments dominate their interactions at public places. The majority of police officers are whites, and they cannot arrest a fellow white unless there is a gross violation of laws that risk the lives of other whites.

Consequences

The consequences of racial discrimination and prejudice in the United States judicial system and public have affected the relationship between whites and African Americans. It has led to an increase in inequalities and discrimination because each group wants its interests to be fulfilled first. In addition, other American allies have rallied behind their people and supported them in various occasions. For instance, most African countries support African American because they believe they are mistreated by whites. On the other hand, the most developed countries support the original population and are ready to do anything to ensure the present status quo remains. Secondly, most people have lost hope on the government’s plea of fighting racial discrimination (Wright, 2010). The fact that President Barrack Obama is an African American yet nothing seems to change spells doom for foreigners living in the United States. The increase in public hostility towards the justice system has its roots in the inappropriate sentences issues to African-American suspects. On the other hand, whites expect the courts to make ruling that favor their side. However, this has not always been the case, and this has led to protests. The judicial system becomes a victim of its undoing if it fails to make decisions that favor the whites. Lastly, moral values have been compromised significantly because of the wrongs committed by the judicial system. Racial discrimination knows no boundaries and sometimes constitutional provisions are overlooked to favor whites. It is disheartening to live in a society where the rules established to govern human behavior do not work. Political analysts argue that the absence of public anarchy in the United States does not mean that the judicial system is working properly.

Solutions

The best solution for alleviating the problem of racial discrimination and prejudice in America’s judicial system is evaluating it and creating room for equality and respect for the rule of law. Americans should know that they have suffered for too long and it now time for a change. They should start respecting the constitution and allowing the judicial system to function without interference. There is no room for bending laws to suit I individuals who are perceived to be especial in the society. Secondly, it is necessary for America to implement respectful policing practices and detention reform initiatives to ensure all citizens respect the law and face similar consequences if they commit crimes (Nier, Gaertner, Nier & Dovidio, 2012). Thirdly, the prosecution of justice programs that fail to uphold their responsibilities will ensure individuals in high offices respect and promote equality at all costs. There is the need for all citizens to focus on the success of healthy interactions and avoid belittling the government’s efforts to fight racial discrimination. Lastly, public education and campaigns to sensitive citizens on the need to respect and live with each other as brothers and sisters may help in eradicating racial discrimination and prejudice in the judicial system. Learning institutions should be in the forefront in advocating the abolishment of curriculums that portray some races as more special than others. Teachers and other educational stakeholders should inculcate morals in students and ensure they embrace unity in diversity.

Conclusion

Racial discrimination and prejudice are common practices in the United States judicial system. African Americans and Hispanics are treated poorly and perceived to be lesser human beings than whites. The judicial system is structured to promote the interests of whites at the expense of the crimes they commit. The high number of incarcerated African Americans compared to Hispanics and whites exposes the evils that racial discrimination brings in a society. Today, America suffers the worst evils as a result of racial discrimination. There is the need to restructure its judicial system, promote public awareness and punish promoters of racial discrimination and prejudice.

References

Besley, T. & Payne, A. A. (2013). Implementation of anti-discrimination policy: does judicial selection matter?. American law and economics review, 15(1), 212-251.

King, E. B., Dunleavy, D. G., Dunleavy, E. M., Jaffer, S., Morgan, W. B., Elder, K. & Graebner, R. (2011). Discrimination in the 21st century: Are science and the law aligned?. Psychology, Public Policy, and Law, 17(1), 54.

Nier, J. A., Gaertner, S. L., Nier, C. L. & Dovidio, J. F. (2012). Can Racial Profiling Be Avoided Under Arizona Immigration Law? Lessons Learned From Subtle Bias Research and Anti‐Discrimination Law. Analyzes of Social Issues and Public Policy, 12(1), 5-20.

Strong, S. I. (2015). Judicial Education and Regulatory Capture: Does the Current System of Educating Judges Promote a Well-Functioning Judiciary and Adequately Serve the Public Interest?. Journal of Dispute Resolution, Forthcoming.

Wright, W. (2010). Foundations for Understating Racial Discrimination in Modern Societies: Research, Theory, Policy, and Practice. Philadelphia: Caslon Publishing.

Cite this paper

Select style

Reference

StudyCorgi. (2022, May 17). Prejudice and Discrimination in the Judicial System. https://studycorgi.com/prejudice-and-discrimination-in-the-judicial-system/

Work Cited

"Prejudice and Discrimination in the Judicial System." StudyCorgi, 17 May 2022, studycorgi.com/prejudice-and-discrimination-in-the-judicial-system/.

* Hyperlink the URL after pasting it to your document

References

StudyCorgi. (2022) 'Prejudice and Discrimination in the Judicial System'. 17 May.

1. StudyCorgi. "Prejudice and Discrimination in the Judicial System." May 17, 2022. https://studycorgi.com/prejudice-and-discrimination-in-the-judicial-system/.


Bibliography


StudyCorgi. "Prejudice and Discrimination in the Judicial System." May 17, 2022. https://studycorgi.com/prejudice-and-discrimination-in-the-judicial-system/.

References

StudyCorgi. 2022. "Prejudice and Discrimination in the Judicial System." May 17, 2022. https://studycorgi.com/prejudice-and-discrimination-in-the-judicial-system/.

This paper, “Prejudice and Discrimination in the Judicial System”, was written and voluntary submitted to our free essay database by a straight-A student. Please ensure you properly reference the paper if you're using it to write your assignment.

Before publication, the StudyCorgi editorial team proofread and checked the paper to make sure it meets the highest standards in terms of grammar, punctuation, style, fact accuracy, copyright issues, and inclusive language. Last updated: .

If you are the author of this paper and no longer wish to have it published on StudyCorgi, request the removal. Please use the “Donate your paper” form to submit an essay.