Racism has always played a part in United States’ history and is still a prominent topic today. Throughout time it has remained and continues as an ever-growing issue that can be seen in many facets of life in the United States. An increasingly apparent illustration of racism can be seen in the United States’ criminal justice system through various social institutions and sociological theories.
The sociological topic of racism is defined as the belief that one racial category is innately superior or inferior to another. As a result of racism and prejudice, the group is then put at a social disadvantage which reinforces the belief of this group as inferior. Instead of the social disadvantage being a result of the racism, it is used as evidence proving their inferiority (John J. Macionis, 2014). This is completely backwards logic and racism can never be justified. In the criminal justice system, the idea of racism is extremely prevalent. A report in 2016 from the U.S. Department of Justice says, “Black males ages 18 to 19 were 11.8 times more likely to be imprisoned than white males of the same age. This age group had the highest black-to-white racial disparity in 2016.” Not only does this group have large discrepancies, but it is also similar between black and white females and other age groups. Similarly, 9% of the white population was living below the poverty line while 22% of African Americans were (Jessica L. Semega, 2016). Statistically, black criminal defendants are more likely to be unable to adequately represent themselves and their cases in trials. A statistic states, “Seventy percent of pretrial releases require money bond, an especially high hurdle for low-income defendants, who are disproportionately people of color” (C.E. Jones, 2013). Due to the lack of financial backing, African Americans are automatically at a disadvantage during the trial process. Not only is systematic racism evident through the trial process, but also the arrests themselves. A specific states, “For example, the ACLU found that blacks were 3.7 times more likely to be arrested for marijuana possession than whites in 2010, even though their rate of marijuana usage was comparable” (American Civil Liberties Union, 2013). Clearly there is another factor in play when there is this large of a difference in arrests with the same rate of marijuana use. This is not only seen in drug arrests, but encompasses a range of other criminal charges. Racism in the criminal justice system is evident through statistics and further exemplifies the racial divide in society today.
The first social institution having a large influence on racial discrimination in the criminal justice system is the media. In early films and plays, Caucasian people painted themselves black to act as African Americans, which brought about the term “blackface”. This concept portrayed the theme of African Americans not being good enough to even represent themselves in the media. White people using blackface contributed to the idea that their race was preferred over African Americans. Today blackface does not exist, but racial discrimination is still out there in the media. Bias is seen in the crime reporting on news outlets. Typically, black criminals were shown with mugshots or arrest pictures, while white arrestees had more pleasant pictures shown (Kassia E. Kulaszewicz, 2015). The clear bias in the media furthers the issue of racism in the criminal justice system. If African Americans are constantly being depicted as the “bad guys” and portrayed as violent and aggressive, then people are inevitably going to believe in this idea. The media influences the portrayal of African American criminals, therefore influencing their processing through the criminal justice system.
Another social institution having a profound impact on racism within the criminal justice system is law enforcement itself. Racial profiling is not effective but still occurs on a daily basis. A study published by the School of Public Health in 2018 found that “states with a greater degree of structural racism, particularly residential segregation, have higher racial disparities in fatal police shootings of unarmed victims”. Not only does this provide evidence behind racially motivated shootings, but also helps explain the incarceration rate behind African Americans to begin with. The lead author behind this report, Aldina Mesic specifically says, “Residential segregation does not occur overnight. It is the direct consequence of a long history of institutionalized racial oppression.” This spoken of residential segregation can be seen throughout history through the practice of redlining and sundown towns. Both of these acts purposely exclude African Americans on the basis of race. Law enforcement has influenced the racism seen throughout the criminal justice system today due to longstanding effects from residential segregation.
Conflict theory was very prominent in the early 20th century and focused around the idea that the strongest peoples and societies would emerge victorious against weaker ones. One could even say that conflict theory is the same of survival of the fittest, but with societies, not species. However, even though it may seem like it divides instead of unites, some argue that conflict can integrate. But to engage in conflict theory is also to admit that racism is prevalent in a society. Although American society is more balanced than most, there still are racial differences between Blacks and Whites. One example was and is in the criminal justice system. Whites often receive an advantage on account of their race, while blacks, on account of their race are systemically biased against. The only way to fix this problem some argue is to acknowledge that there is inequality and work with both Blacks and Whites to address it. One example previously mentioned could be for how minor drug possession charges, Blacks are more likely to be imprisoned than Whites. Working together on ideas such as this could help integrate races better. Even though conflict theory blatantly reveals racism within a society, it is also an idea that can help unify it. Conflict theory provides insight into racism and its effect on the criminal justice system.
Another sociologic theory related to racial incarceration is symbolic interaction. Symbolic interaction theory is how normal people do day to day interactions with each other. However, symbolic interaction is closely intertwined with racism. Everyday interactions between different races can often reflect racial mindsets, even if unintentional. Unconsciously, these thoughts come out and affect day to day actions. As discussed previously, police officers often target African Americans subconsciously. Even in the federal justice system, the theory of symbolic interaction is reflected through the interactions among different races.
It is clear that systematic racism still exists and that there are many contributors behind it. The criminal justice system of the United States is affected by biased portrayal in the media and the racial issues within law enforcement. Similarly, the sociological perspectives of the conflict theory and symbolic interaction theory are two key components behind racism to begin with. The criminal justice is not perfect, but discussing the systematic racism at hand can only turn things towards a brighter future.