CJ 571 Case Study Assignment 1(1)

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CJ571 Case Study Assignment 1 1 Racial Disparities in the Criminal justice System Metropolitan College, Boston University MET CJ 571-Criminal Justice Administration & Ethics Course Instructor: Dr. Robert Cadigan Course Facilitator: Mark Napier May 29, 2023 Introduction

CJ571 Case Study Assignment 1 2 Researchers, lawmakers, and human rights advocates have constantly debated over the existence of racial and ethnic disparities in the American justice system and how to address such issues. However, this debate seems set on the long haul due to conflicting studies and polarized public opinions. Crutchfield et al. (2010) stated that many research studies found significant racial disparities in the criminal justice system, and other studies reported no substantial differences. DeBell (2017) asserted that a study by Norton and Sommers (2011) found many White Americans believed they recently had been discriminated against more than Black Americans. Most White Americans thought the justice system created better conditions for Blacks than Whites today (DeBell, 2017). Hence, the arguments regarding unfairness and disparity in the justice system have varied in terms of facts. This essay will examine whether racial disparities exist in the criminal justice system and whether leaders have failed to tackle racial bias within their organizations. Racial Profiling Many minority groups often complain about racially motivated police stops and attribute their reason for being stopped by police to their race. The word to describe such a practice is racial profiling, which is defined as the use of race/ethnicity as a proxy in law enforcement as a basis for judgment about criminal suspicion (Adams-Guppy & Simpson, 2022, p.102). Racial profiling is not new, and it has been the topic of many research studies and the headline in several media outlets. A study of nearly 100 million traffic stops conducted across the country found that Black drivers, on average, are 20% more likely to be stopped by the police than White drivers (Pierson et al., 2020). The study also revealed that Black and Hispanic drivers are more likely to be searched in a police traffic stop than White drivers (Pierson et al., 2020). The authors added that these datasets proved strong evidence of racial disparities in policing in the United

CJ571 Case Study Assignment 1 3 States. In other words, such practices confirm the unequal treatment of minority ethnic groups compared to their White counterparts. When the stop is based on the skin complexion of a driver, it is undoubtedly racially motivated. Pretrial & Sentencing Moreover, several research studies have found racial disparities in sentencing. For example, in a study conducted in Massachusetts, Bishop et al. (2020) found that Black people get harsher and longer sentencing than White people. The authors stated that Black people, on average, receive sentences that are 31 days longer than their similar White counterparts, a difference that is both statistically significant and practically meaningful” (Bishop et al., 2020, p.35). The authors added that Blacks and Latinx are more likely to charge with drug possessions and weapons than Whites (Bishop, 2020). It indicates a significant disparity in sentencing between Black/Brown and White people. In different terms, minority defendants are convicted or incarcerated on a scale greater than their White counterparts for the same crime. In another study, Wen et al. (2023) show that Black, Hispanic/Latinx, and American Indian/Alaskan Native youth are likelier to experience pretrial detention than White youth (Wen et al., 2023, p.10). Youth of color are also at greater risk of facing charges and being detained in juvenile detention (Wen et al., 2023). Hence, this finding demonstrates significant racial and ethnic disparities and the likelihood of minority youths experiencing pretrial detention compared to their White youth counterparts. Thus, such studies shed light on the profound racial disparities in the criminal justice system, which also affect many minority youths. Incarceration

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CJ571 Case Study Assignment 1 4 Plus, many studies show that minority groups are overrepresented across the nation’s jail and prison system. For instance, in a study, Nellis (2021) found that Black Americans are incarcerated in state prisons at nearly five times the rate of White Americans, and Latinx individuals are at a rate that is 1.3 times greater than their White counterparts. In other words, Black and Latinx are more likely to be imprisoned in the country. This report shows staggering racial disparities in terms of the general population. Black people comprise 14.2% of the population, Latinx comprise 18.7 %, and yet at a greater incarceration ratio (Jones, 2021). The authors added that ethnic disparities are “highest in Massachusetts, which reports an ethnic differential of 4.1:1” (Nellis, 2021, p.5). This finding is surprising since Massachusetts has stringent laws against discrimination and has passed numerous legislative bills to protect the state’s most vulnerable residents and disadvantaged communities that tend to commit crimes. The state has also stopped prosecuting less severe crimes, significantly reducing incarceration rates. Most importantly, the findings show that the racial disparity in the criminal justice system is substantial and prevalent. Another study by Donnelly & Macdonald (2018) indicated strong evidence of racial disparities in incarceration in the United States criminal justice system. Black and Latinos comprise 57% of inmates in the country's federal and state prisons (Donnelly & Macdonald, 2018). It means that although Blacks and Latinx combine, they still consist of a minority group of the general population and yet comprise a higher incarceration rate than their White counterparts across the nation. It shows that minority groups tend to be sentenced and incarcerated more than Whites. It also demonstrates that minority overrepresentation in criminal justice is a prevalent problem. Donnelly & Macdonald (2018) claimed that many research studies found a significant association between race and incarceration. Black and Latinx are more likely

CJ571 Case Study Assignment 1 5 to enter the criminal justice system through arrests and incarcerations than Whites. Such staggering racial differences are attributed to White defendants being less likely to have a criminal history and more likely to hire private counsel and post bail than Blacks and Hispanics (Donnelly & Macdonald, 2018). In other words, White defendants can afford to pay a private lawyer and bail themselves out to await trial, while most Blacks and Latinx defendants cannot afford to do so. Thus, one can argue that economic status plays a significant factor as well when analyzing racial disparities in the criminal justice system. Lawmakers and Criminal Justice Leaders' Failures and Union Resistance Furthermore, it is evident that minorities are overrepresented in the criminal justice system, and immediate actions from lawmakers and criminal justice leaders are needed to reduce such a prevalent problem. That said, police bias and excessive use of force toward minorities must be investigated. For instance, a case study by Schatmeier (2013) evaluated police use of force and argued the need for reforms. The author claimed that studies showed that roughly 1.5% of police encounters with the public resulted in the use of force. In these instances, the police often use force more than necessary, and improper use of force is more likely directed to ethnic minority groups than Whites (Schatmeier, 2013). The author added that the Violent Crime Control & Law Enforcement Act of 1994, which Congress enacted, provided victims of police aggression the right to sue and gave federal law enforcement agency power to oversee and investigate unconstitutional practices in state and local police agencies, such as excessive use of force, racial profiling, and stops-and-frisks, among others (Schatmeier, 2013). However, the author maintained that such a law has weakened over the years and failed to achieve its promise due to a lack of effective enforcement mechanisms, poor police managers' leadership, and unions' resistance (Schatmeier, 2013). It shows that lawmakers often pass laws and neglect to

CJ571 Case Study Assignment 1 6 implement meaningful measures to ensure applicability and consistency. Police chiefs also often fail to coordinate efforts and take steps to prevent racial bias within their departments due to unions' resistance (Schatmeier, 2013). Additionally, Schatmeier (2013) maintained that a study of the Cincinnati Police Department showed that the department has successfully implemented significant measures to combat discriminatory practices within the agency. Although the efforts were met with fierce resistance from the police onions and a recalcitrant police chief, the city representatives changed the department’s policy on use-of-force, asked for racial discrimination training, and demanded to retrain or discipline officers who violated any policies (Schatmeier, 2013). The change also requires the police chief to provide necessary and adequate training to officers because poorly coordinated and executed measures can lead to the reform lagging (Schatmeier, 2013). In this circumstance, the chief sided with the police unions because he was wary of public scrutiny, arguing that such reforms would prevent officers from carrying out their duties (Schatmeier, 2013). However, the city representatives argued in favor of the reforms. It shows that reforms and change can be done when lawmakers have the will to do so through their consensus effort. Often, representatives also fail to act or may resist reform when it is politically advantageous to do so (Schatmeier, 2013). In this case, they understood what was at stake and stood up for reforms on police use of force and against the city police department’s discriminatory practices. Criminal Justice Agency Failures to Address the Problem Indeed, it seems perspicuous that racial disparity has been a longstanding issue in the criminal justice system and requires immediate attention. However, such a step would need robust change to encourage good cultural practices from officers and prevent organizational wrongdoing. When certain officers use improper methods, such as racial profiling, to target a

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CJ571 Case Study Assignment 1 7 specific group, leaders have the power to stop such transgressions. Discrimination and deviance of any sort should not be acceptable. Giblin (2014) expresses that it is significant for organizational leaders to handle crises, mistakes, and any other forms of deviance correctly because the mismanagement of an organization can cause harm and chaos (as cited by Cadigan, 2023). That is to say, criminal justice leaders cannot let their guard down since their exemplary leadership determines the future of the agency they run. A lack of oversight can lead to deviant behaviors and perverse practices. For example, one theory that explains such a phenomenon is the administrative breakdown theory. This theory postulates that “management is responsible for the overall healthy functioning of an organization. When managers fail to enforce administrative principles, use resources inappropriately, or lose sight of an agency’s mission, the organization becomes vulnerable to deviance” (Cadigan, 2023). In different terms, it means that criminal justice leaders are responsible for the failures within their agencies. In this case, discriminatory practices by officers in the streets also fall on the shoulders of police managers. Thus, it is evident that racial disparity in the criminal justice system is a prevalent issue, and criminal justice agency leaders have thus far failed to address it. Conclusion Therefore, based on many studies discussed in this paper, there is evidence of resounding racial and ethnic discrimination in the criminal justice system. Black and Brown people are far more likely to enter the criminal justice system throughout the country than Whites. The latter combined comprise nearly 32.9% of the general population but account for roughly 57% of incarcerated prisoners nationwide (Donnelly & Macdonald, 2018). In other words, this shows that a growing number of minorities, particularly Black Americans, are more likely to be arrested by the police and sentenced to prison than their White counterparts. This alarming trend adds to

CJ571 Case Study Assignment 1 8 the fact that leaders have failed in their mission to tackle racial profiling and discrimination by employees and officers within their criminal justice agencies or organizations. The practice of bias in decision-making can weaken criminal justice institutions and undermine the fundamental principle of equal justice under the law. In this regard, more must be done by lawmakers and criminal justice managers to address the problem of racial and ethnic disparities in the criminal justice system.

CJ571 Case Study Assignment 1 9 References Adams-Guppy, J., & Simpson, P. (2022). Racial profiling and Section 163 traffic stops: is there cause for concern? Safer Communities, 21(2), 97-111. https://doi.org/10.1108/SC-08-2021- 0029 Bishop, E., Hopkins, B., Obiofuma, C., Owusu, F. (2020). Racial Disparities in the Massachusetts Criminal System. Harvard Law School Criminal Justice of Policy Program, 1-100. Cadigan, R. (2023). Module 3: Deviance & Ethics. Boston University, Blackboard. Crutchfield, R. D., Fernandes, A., & Martinez, J. (2010). RACIAL AND ETHNIC DISPARITY AND CRIMINAL JUSTICE: HOW MUCH IS TOO MUCH? Journal of Criminal Law & Criminology, 100 (3), 903-932. https://ezproxy.bu.edu/login?qurl=https%3A%2F %2Fwww.proquest.com%2Fscholarly-journals%2Fracial-ethnic-disparity-criminal-justice- how-much%2Fdocview%2F849016337%2Fse-2%3Faccountid%3D9676 DeBell, M. (2017). Polarized Opinions on Racial Progress and Inequality: Measurement and Application to Affirmative Action Preferences. Political Psychology, 38(3), 481–498. http://www.jstor.org/stable/45094367 Donnelly, E. A., & Macdonald, J. M. (2018). THE DOWNSTREAM EFFECTS OF BAIL AND PRETRIAL DETENTION ON RACIAL DISPARITIES IN INCARCERATION. Journal of Criminal Law & Criminology, 108 (4), 775-813. https://ezproxy.bu.edu/login?qurl=https%3A%2F

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CJ571 Case Study Assignment 1 10 %2Fwww.proquest.com%2Fscholarly-journals%2Fdownstream-effects-bail-pretrial-detention-on %2Fdocview%2F2207928393%2Fse-2%3Faccountid%3D9676 Nellis, A. (2021). The color of justice: Racial and ethnic disparity in state prisons. Pierson, E., Simoiu, C., Overgoor, J., Corbett-Davies, S., Jenson, D., Shoemaker, A., Ramachandran, V., Barghouty, P., Phillips, C., Shroff, R., & Goel, S. (2020). A large-scale analysis of racial disparities in police stops across the United States. Nature Human Behaviour , 4 (7), 736–745. https://doi.org/10.1038/s41562-020-0858-1 Schatmeier, E. H. (2013). Reforming Police Use-of-Force Practices: A Case Study of the Cincinnati Police Department. Columbia Journal of Law and Social Problems, 46(4), 539-586. https://ezproxy.bu.edu/login?qurl=https%3A%2F Jones, N., Marks, R., Ramirez, R., Rio-Vargas, M. (2021). 2020 Census Illuminates Racial and Ethnic Composition of the Country. U.S Census Bureau, Retrieved from https://www.census.gov /library/stories/2021/08/improved-race-ethnicity-measures-reveal-united-states- population-much-more-multiracial.html Wen, A., Gubner, N. R., Garrison, M. M., & Walker, S. C. (2023). Racial disparities in youth pretrial detention: A retrospective cohort study grounded in critical race theory. Health & Justice , 11 (1). https://doi.org/10.1186/s40352-022-00203-8

CJ 571 Case Study Assignment 1(1)

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