Contemporary Cultural Diversity Issues

Contemporary Cultural Diversity IssuesPresented by: Tammy KeyMichelle MorganScott HuepenbeckerAshley Naranjo

The criminal justice systems response to the publics perception of ethnic and gender biasWhether the criminal justice system discriminates against any groupA contemporary issue or event related to each of the two topics to support your arguments

SummaryHow the public views their role within the courts can modify how they comply with that role.Racial and Ethnic Minority groups have a stronger negative perception of criminal justice than the white population.There is a dominant agreement that minorities can and do receive harsher sentencing than their white counterpartsPublics perception of ethnic biasIn 2004 The American Judges Organization conducted public hearings in order to better understand the perceptions of how people felt they played their particular roles within the criminal justice system, and the outcomes were somewhat shocking. It was recognized that their own personal attitude toward the criminal justice system fully changed how they viewed it as a whole, meaning that it they viewed it in a negative way, they were less willing to be lawful, report crime in their neighborhoods or even serve on a jury (The American Judges Organization, 2004).One of the key points of note found was that ethnicity played an large role in regards to support. Ethnic and minority groups tend to believe that they are treated unequally even as far as just the availability of services, so the ethnic population by of simple qualitative study showed by large numbers they felt a large disparity in treatment (The American Judges Organization, 2004).The American Judges Organization also determined that one of the strongest points that made itself evident over the course of the hearings was that a minority was almost always guaranteed a harsher sentence than that of their white counterparts. This belief was made evident by way of observation of prosecutions, agreement on bail or bonds, sentencing time and more. One of the interesting quotes that came from the American Judges Organization Study (2004) stated that There are two types of profiling: Police and judicial. Well, how can there be- what is it now about 70 percent of the African American population at the penitentiary in Nebraska? About 75 percent in Douglas County. Now isnt it strange, that you have a state with less than a 4 percent black population, but in the penitentiary, 60-70 percent. Now are we to believe that African Americans are that bad in Nebraska? I dont think so.

3Perceptions of what is fair or unfair tend to vary with the gender of respondentsMany legal professionals do believe that there is a largely unfair treatment environment toward women than men in some states Criminal Justice SystemsPublics perception of gender biasIn 2002, the University of Mississippi conducted a survey in which they solicited responses from court personnel that showed over half of those surveyed (closer to 2/3) felt that there was an air of unfair treatment towards women within the Mississippi Court system, but many thought that it happened in isolated ways (Perception of Gender Bias Lingers In State Courts, Surveys Show, 2002).One key point that should be examined is that women in within the survey tended to show a more elevated awareness and would be more likely to observe and also report offending behaviors. The study explained that women often felt more like targets within the judicial process as opposed to the men that would benefit from the practices. This study was incredibly interesting because it explained that while the unacceptable behaviors were less noticeable within the courtroom, outside of the courtroom told a different tale, including touching, and pet names. Even female attorneys that felt that they were treated in an undignified manner suffered within the confines of their practice.4Early history of court was that of an institution that denied equal justice to minoritiesCases in which the police have mistreated members of minority groupsAfrican Americans were more likely to say that officers acted unprofessionally toward them than toward Whites.Interactions with officers are the most influential in assessing publics opinion of the policeWhether the Criminal Justice System Discriminates GroupsThe debate of whether the criminal justice system discriminates can go on forever. There are many who may agree that the criminal justice system discriminates, whereas others feel it is always fair and equal to all groups. However, for racial and ethnic minorities, the early history of the court was that of an institution that denied equal justice to minorities (MacNamara & Burns, 2009). In both court and on the streets, minority groups feel they are not treated fairly by police officers or juries/judges. There are many cases in which the police have mistreated members of minority groups. A study was conducted and individuals of various racial/ethnic groups were asked if they think police officers treat all races fairly or if they treat one or more group unfairly; 59% felt the police treated all groups fairly, 33% felt they treated one or more groups unfairly, and 7% did not know (MacNamara & Burns, 2009). Minorities are known to feel less confident as well as less satisfied with police. The police are said to treat minorities different; for example African Americans stated that officers acted unprofessionally toward them compared to Whites. The way police officers talk to citizens and how they interact with citizens can influence the publics opinion of police. When it comes to courts, white juries may not see the defendant as innocent; even though he/she might be. There are many cases in which an all-white jury finds a defendant guilty because of their skin color. 5Austin Clem, Age 25, WhiteConvicted of second degree rape, one count of forcible rape on a woman that began when she was 13No jail time

Mark Beecham, Age 25, BlackServing 100 year sentence on rape of one woman received addition 624 years for rape and sodomy of second womanState of Alabama

Two topics to support your arguments

These cases of similar cases but two very different outcomes in sentencing. In the case of Austin Clem, the judge sentenced him to 20 years in state penitentiary and 10 years on lesser offenses. However he will see no jail time. The judge used his discretion so instead of prison the actual sentencing was 20 years in state penitentiary, split sentence, to serve two years in a community based program, balanced suspended with 3 years supervised probation (Cevallos,2013). This for raping a person who was a minor at the time. Then you have Mark Beecham who was given 100 year sentence for rape of a woman then a second sentence of 624 years of a second woman (Hansen,2012). These are both crimes of rape, one including a minor, however it would be hard to say that race did not play a role in these cases given the sentencing of the crime.

6Arguments for contentionMajority of those imprisonedSame crime different punishmentTreatmentJudges discretion

Arguments forThey are a lot of arguments that minorities are often discriminated against because of race. It is apparent by the prisons. African Americans males 13 times more than Whites in the prison system. Also there is difference in sentencing. Blacks are more likely to receive a stiffer sentence for the same crime that Whites commit. Public perception that if a white person is charged with the same crime as Black or Hispanic, the White person has a better chance of getting off.

7Arguments against contentionBeing sentence for crime they did commit

Crime is crime, regardless of color

Victims have the right to seek justice

Arguments againstCrime is a crime regardless of what race that commits it. There are victims of all colors and they require justice just like everyone. If a person is found guilty of a crime then appropriate sentencing should be handed out. There are cases in which accusers are offered plea deals in which they accept to prevent from having to go to trial. It is difficult to say whether or not that color played a part in sentencing when in comes to the opinion of those that were victimized. Regardless of color, they should be able to feel that justice was served.

8Glenn Ford was a death row inmate for 30 yearsAccused of murdering a watchman Ford was convicted regardless of the lack of evidenceExonerated after the killer confessedEvent related to each of the two topics

Glenn Ford is 64 years old. He was a death row inmate for 30 years; accused of robbing and killing a watchman. It was a verdict Ford alwaysdisputed, saying he wasnt even there.But, until recently, the courts wouldnt listen (Bever, 2014). He was tried by an all-white jury and it came to no surprise that he was found guilty. Ford was convicted of first-degree murder and sentenced to die by electrocution. There was no evidence proving that he was ever at the scene, there was also no evidence of a murder weapon. It was not until another man confessed- and those charges were dropped. Glenn Ford lost 30 years of his life because he was not treated fair due to his skin color. The all-white jury convicted him because he was African American.9Stop and Frisk policy of the NYPD.

Citys highest officials.

Not condemning the program.Police Profiling

The NYPD had implemented a program which would allow officers to stop and frisk citizens. It was found the this program violated the rights of its minority citizens. Judge Shira Scheindlin concluded, The Citys highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of singling out the right people is racially discriminatory and therefore violates the United States Constitution (The New York Times, 2013). Judge Schindlin made it very clear that she was not condemning the program, but that the NYPD needed to start using this tool in a manor that did not discriminate against the African-American and Hispanic communities. (The New York Times, 2013) 1012 year old girl

Three white prostitutes

Resisting arrest. Dymond Larae Milburn

http://www.policebrutality.info/content/uploads/2009/01/12-year-girl-brutality.jpgIn Galveston TX, plain cloths officers grabbed 12 year old Dymond Larae Milburn from her front yard believing her to be a prostitute. Police had what they believed to be a credible tip the three white women were working as prostitutes out of her house. While being grabbed, not knowing they were officers, Dymond fought back and screamed for her father who was inside the house. During the ordeal, officers hit Dymond in the face and throat several times. She was hospitalized with injuries to her face, wrists, and throat, with blood in her ear. After being released, officers showed up at Dymonds middle school to and arrested the honor student for resisting arrest on that night. (Turley, 2008) 11Public perception on bias.

Discrimination.

Profiling.ConclusionThere is a sever unbalanced perception of the criminal justice system. As it is seen to have a bias towards the minorities in our communities. While there are more convictions from every walk of life, there seems to be a more harsh sentiment towards minority groups. This seems to cause longer, more harsh sentencing when convicted. While we all would hope that discrimination is in the past, it is still happening throughout the country. When comparing some of the cases in recent years, minority suspects seem to be at the top of police misconduct cases. Everywhere from New York to Texas employ the use of racial profiling, as seen in the cases provided. Granted the NYPD policy does not specifically outline stopping minorities, the officers took the policy as a unspoken permission to profile. 12Bever, L.(2014).Washington Post.Retrieved from http://www.washingtonpost.com/news/morning-mix/wp/2014/03/12/after-nearly-30-years-on-death-row-glenn-ford-is-exonerated-and-free/ Cevallos, D.(2013).No Prison for Rape -- an Illegal Sentence?.Retrieved from http://www.cnn.com/2013/11/21/opinion/cevallos-rape-sentence/ Hansen, M.(2012).Alabama Man Gets 624-Year Sentence in Rape, Sodomy Case.Retrieved from http://www.abajournal.com/news/article/alabama_man_gets_624-year_sentence_in_rape_sodomy_case/

ReferencesMacNamara, R. H., & Burns, R. (2009). Multiculturalism in the criminal justice system. New York, NY: McGraw-Hill.Perception of gender bias lingers in state courts, surveys show.(2002).Retrieved from https://courts.ms.gov/news/2002/1.07.02gender.htmThe American Judges Organization. (2004). Court Review: Volume 40, Issue 3-4 -. Lincoln, Nebraska

References14The New York Times. (2013, August 12). Racial Discrimination in Stop-and-Frisk. Retrieved from http://www.nytimes.com/2013/08/13/opinion/racial-discrimination-in-stop-and-frisk.html?_r=0Turley, J. (2008, December 24). Family Sues After Police Arrest and Rough Up 12-Year-Old Girl as a Prostitute Outside of Her Texas Home. Retrieved from http://jonathanturley.org/2008/12/24/family-sues-after-police-arrest-and-rough-up-12-year-old-girl-as-a-prostitute-outside-of-her-texas-home/

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