Explore How Black People Are Differently Treated by the Criminal Justice System Essay Example for Free

Explore How Black People Are Differently Treated by the Criminal jurist System EssayRacial prejudice is not unique to modern day society, it has been with us for a long time, this has been coupled with the belief that certain racial groups be less(prenominal) intelligent, or backward compared to pureness European stock, nowhere is this to a greater extent(prenominal) true than in the unlawful arbitrator system. In 1869 Francis Galton published a book called Hereditary Genius this contained a chapter called The Comparative Worth of Different Races which considered that fateful Americans were genetically inferior to white Americans. Galton stated that blacks scored on average 15 IQ points below whites. (Coleman 1987) We can see that inside the field of wicked legal expert, and with Galtons work considered that black pack were bound to be treated differently callable to a belief born out of misunderstanding of the nature of culture and individual disposition differences, the ancestral argument has never been scientifically proved or disproved. The 1991 census showed that 5. 5% of the cosmos were from an heathenish origin, with 1. 6% of these being black from an Afro-Caribbean background.It was reported that a higher amount of the ethnic minorities was of younger spate than in the normal population, and it can be seen that this alone could be a reason for the proportionately higher take aim of blacks in the criminal justice system , going on the grounds that in the indigenous population it is the younger generation, those aged 14-25 years that commit the vast majority of crime. abomination by ethnic minorities, and in particular young black males can likewise be seen to be a amicable situation, and whitethorn be a product of sheer logistics.Many new immigrant families move into what is perceived as a high crime area, particularly inner city areas, where housing may be cheaper and unemployment is higher than at a national level. These areas may receive much constabulary attention than richer areas and therefore the new immigrant families contend to the attention of the patrol more than those in more rural areas. xenophobia may also cause the police to over react when dealing with black families. A study by Goreman Coleman (1982) looking at personality and attitudes within the British police force, showed that the average police constable was indeed racist.They asked in the study for police officers to write a short essay, some of the comments were vigorously racist, comments such as, Certain members of the coloured population that l have met are OK but the majority of youths of the West Indian community are fauna ignorant vicious thieving bastards , . most of them are just dirty , over 50% of put out is caused by niggers , smelly backward people who will never change (Coleman 1987).In the last 10 years most public agencies, including the police force, have formed equal opportunities policies, these apply no t lonesome(prenominal) to recruitment but also to the way people are treated, and is especially needed in the criminal justice system where there are disproportionately more blacks than whites in the prison system in comparison to the size of the black population in society as a whole. It was reported in 1982 that black people made up 18% of the prison population, but only accounted for 5% of the general population.The figures are worse for Afro-Caribbean males, 1% of the population, but 11% of the prison population. (Home Office 1982). During the 1980s it became apparent that blacks were more credibly to be stopped by the police. The British offense Survey in 1988 raise that 14% of Asians, 15% of whites, but 20% of Afro-Caribbeans reported being stopped by the police in the forward year (Skogan 1990) The British Crime Survey also reported that there was some evidence that crimes notice by the police and those reported by the public seemed to have a racial bias.Blacks and Asian s also complained more than whites about the way they were treated once arrested by the police (Skogan 1990). On the subject of arrest it seems also that blacks are treated differently in this process. A survey by the PSI (Policy Studies Institute) in 1983 found that blacks were disproportionately arrested, they found that 5% of the population of capital of the United Kingdom were black, but 17% of those arrested in London were black. that studies by Walker (1988) (1989) support these findings.Landau Nathan (1983) reported that there is evidence to suggest that blacks will be premeditationed less than whites, a white youngster is four times more likely to receive a caution than a black juvenile. Also black juveniles are more likely to be remanded in detainment than whit or Asian teenagers. Walker (1988) also showed that black juveniles are twice as likely to appear at crown court than whites.A Home Office Statistical Bulletin (1986) showed that blacks in prison were more likely to have less previous convictions than white men in comparable circumstances, the figure for whites was 62%, Afro-Caribbeans 48% and for Asians 20%.The main finding from these and many other statistics is that black people are dealt with, whether as suspects, offenders or defendants, in a highly disproportionate way, it can also be seen that they are treated more harshly than their white counterparts at virtually every stage of the criminal justice process. It is therefore not surprising that black people have less faith in the police and criminal justice system than white British people.David Smith (1994) argues that the main group in society has a degree of power, seen to be unique and special in relation to religious, social and ethnical traditions of the particular society, thus creating an unequal legal system that is biased against ethnic minorities. This can be seen to be the stem from which racial disparities may emerge in the British legal system and criminal process, and may explain why black people are treated differently by the criminal justice system.He (Smith) further argues that the law is a national institution and part of a national identity that is born out of centuries of tradition, and therefore unless changed does not take account of relatively recent immigration of ethnic minorities to this country. It can be argued that there are two main reasons for blacks being disproportionately represented in our criminal justice system, firstly that they commit more crime, and secondly that they are treated in a different and possibly harsher way, so as to be over represented in the criminal justice system.Research in the USA has shown that crime is in fact higher amongst blacks (Wilbanks 1987). This view has been criticised, for example by Reiner (1993) stating that to exclude external variables that effect such findings is almost impossible. Reiner (1989 1993) concluded that it is the way in which black people are treated differently from whit e people in our criminal justice system that created the disproportionate levels of minorities in the process, although he concedes that this is far from conclusive.Smith (1994) criticises Reiner for this view, believing that Reiner is contradicting himself, with little evidence, suggesting that it is treatment that cause high black representation in the criminal justice system, but stating that this may not be believed by some, and is in fact inconclusive. It is true that blacks are over represented in the criminal justice process, what is not forgive is, why.Whether we like to think it or not there is still a great deal of racial prejudice in this country, and this alone feeds societies morals and thus its policing and criminal law, this prejudice and discrimination therefore makes it troublesome for minorities to gain employment, especially in times of high unemployment and recession. This can lead to feelings of rejection, lack of self-esteem, poverty, lack of lordliness and insecurity. Blacks, as mentioned above, often live in the poorest areas of the cities and therefore come to the attention of the police far more than white youths, parents may also find it difficult to exercise control over their children in areas where social control is at its lowest.Whatever the reason for higher black crime, whether a statistical wrong, or inherent criminality, for which there is little support, it is clear we will never get at the real reason that blacks are treated differently by the criminal justice system, too many people would have too much to lose by finding an answer. 1,407 words. REFERENCES. Coleman, A. (1987) Facts, Fallacies and Frauds in Psychology. London Unwin Hyman. Galton, F. (1869) Hereditary Genius, an enquiry into its laws and consequences (2 ed. 1978) London Friedmann. Coleman, A. Goreman, L..(1982) Conservatism, Dogmatism, and tyranny in British police officers. Sociology, 16, 1-11. Landau, s. Nathan, g. (1983) Selecting Delinquents for C autioning in the London Metropolitan Area. British Journal of Criminology. 23, (2) 128-48. Reiner, R. (1989) Chief Constables. Oxford Oxford University Press. Reiner, R. (1993) Race, Crime Justice, Models of Interpretation. IN L, Gelsthorpe, W, McWilliam (Eds) Minority Ethnic Groups and the Criminal Justice System. Cambridge Cambridge Institute of Criminology. Skogan, W. (1990) The Police and Public in England and Wales, A British Crime Survey Report.Home Office Research Study no 117. London HMSO. Smith, D. (1994) Race, Crime and Criminal Justice. IN Oxford Handbook of Criminology. Maguire, M. Morgan, R. Reiner, R. (Eds) Oxford Claenden Press. Walker, M. (1988) The Court Disposal of Young Males by Race in London 1983. British Journal of Criminology 28, (4) 441-59. Walker, M. (1989) The Court Disposal and remands of White, Afro-Caribbean and Asian Men(London 1983). British Journal of Criminology. 29. (4), 353-67. Wilbanks, W. (1987) The Myth of a antiblack Criminal Justice Syste m. USA Brooks/Cole.