Is there a bias in the judicial system? If so, what is the cause?

Question

http://news.yahoo.com/s/ap/20070718/ap_on_re_us/prisons_racial_disparity

(Please keep the racism to a minimum, this is not meant to be a hateful forum)

The survey released today notes that there is a giant gap between whites and black and hispanic prisoners. In some cases the number of black inmates is 5 times the number of whites while hispanics are jailed at almost twice the number as whites. The numbers are there, but does that mean there is a bias among law makers, police, and judges? Is it a sort of rite of passage for young blacks and hispanics to go to jail, or commit crimes (see Goodfellas)? Your insightful thoughts and comments are welcome.

Answer 1

well all i have to say is, they are not in there because they were not commiting crimes.
(that is not ment to be racist.)

Answer 2

It's a three-part problem.

First, minority groups tend to be (statistically) more economically disadvantaged --- more often poor or struggling near the poverty line. And being desperate for money is one of the strongest motivators for crime. So, the biggest impact is because minorities do actually commit crimes at a higher statistical rate relative to their population. Again statistics.

The second is the enforcement and sentencing laws. Many laws are written -- intentionally or carelessly -- to impose stronger punishments for certain crimes without any rational justification. Compare mandatory minimums for crack cocaine versus powder cocaine. And either coincidentally or intentionally, this results in minorities being sentenced more harshly.

The third problem is a legacy still existing of racial bigotry. Whether among prosecutors, judges or juries --- prejudice still exists and still plays a part.

So, yes, there is a bias. Some of it is intentional, most of it is a side effect of other factors.

Answer 3

I think this can easily be blamed on the poverty gap. Not to mention the glamorization of committing crimes that is prevalent in hip hop, which in turn is also compounded with a frequent self-analyzation of a lot of African American males, e.g. "always wanting to look fresh" (which in turn costs a good amount of money). Gangs of course contribute to the problem, socially if everybody on your block (or a good majority) is in a gang the chances of you becoming a gang member skyrocket astronomically. The last problem I would say is education. If you don't have a good education you tend to have a lower paying job, which means you live in a lower class neighborhood, which again subjects you to everything I mentioned above.

Answer 4

The black subculture glorifies violence, drugs and disrespect to others and the property of others. The hispanic subculture emphasizes self and insular community over that of the larger community.

Both attitudes run up against the brick wall of the law.

Bias in the system? Maybe at some individual levels but overall, no.

Answer 5

It is merely a socio-economic statement about the acceptablility amongst peers with respect to committing a crime.

Amongst white communities, prison time doesn't get you "street cred", it gets you scorned.

Amongst black communities, prison time is considered an avenue of gaining legitimate respect.

There are more convictions, because there are more crimes.

Answer 6

Yes there is bias but its more about $$$ then anything. If you can afford a good lawyer you can get off.

In regards to the story, well you are more likely to get arrested when you smoke a doobie on the street corner then if you smoke it in your home.