Criminal Justice
Written by Darby Ford
From a very young age, we are taught that actions have consequences. If you finish all of your food, you may eat dessert. If you are mean to your brother, you will be grounded. As we grow as adults, our actions are continuously influenced by the society around us. Our society delivers consequences through a criminal justice system. It aims to deter people from committing crime by establishing rules, enforcing those rules, and determining a punishment. Ultimately, the goal is to deliver “justice” by identifying criminals and punishing them for their misbehavior. Today, we will be discussing some ways in which our current system fails to meet these goals, and how you can be active in the fight for reform.
For years, the criminal justice system has been called upon for improvement. Before we discuss further, let’s review the three essential parts of the criminal justice system; I like to call them the 3 “C’s”: cops, courts, and corrections. The cops are tasked with preventing crime, intervening on criminal activity, and arresting potential criminals. The word “potential” is very important here. One of America’s values within the criminal justice system is that a person is “innocent until proven guilty.” This, of course, is where the courts come in. Each person is promised the right to an attorney, to plead their case, and to have a fair trial. If a person is determined to be guilty, we head to the third “C”: corrections. After receiving their sentencing, or their punishment, a person is moved back into the community or to the appropriate correctional facility. They are promised not to endure any “cruel or unusual punishment” as they complete their time under the watchful eye of the government. However, these constitutional rights are not equally distributed to American citizens. We see vast differences across each of these three subsystems depending on a person’s race. In 2019, about 60% of White people believed this to be true (Pew). In order to ensure that we are up-to-date on the evidence, I will review some recent key findings. When you read about these statistics, remember that each number signifies human lives.
Let’s begin by looking at the police, who undoubtedly have received the most attention in terms of unfair treatment. According to the Stanford Open Policing Project, Black individuals are more likely to be stopped by police and are more likely to be searched when stopped. This is comprehensible when you look at the outcomes: about 25% of the people that police arrest are Black, despite making up 13.4% of the population (Office of Juvenile Justice and Delinquency Prevention). When we turn to the dark reality of police violence, we see that the rate at which Black individuals are shot and killed by police is more than twice than that of White individuals. Before we go into courts and corrections, let’s debunk some common myths.
Many argue that “more white people are killed by police” -- yes, when you look at the sheer number of people, you will see that more white people have been killed because there are more white people in this country than Black people. However, when you consider the proportion at which Black people are harmed by police, by comparing police violence data to population data, we find these dark disparities. Another common argument is that this is due to “Black on Black crime.” This fallacy argues that Black people are arrested at higher rates because they are committing more crime. This is simply not true and fails to account for a vast history of racial discrimination. When America continues to describe the Black person as more dangerous, law enforcement will continue to treat Black people as suspects. This is evident when you consider the fact that majority-Black neighborhoods are more heavily policed. Have you considered why we do not commonly discuss “White on White” crime? We should, since white people are more likely to victimize people of their own race as well. Yet instead, some perpetuate the belief that Black people are more violent by discussing the myth of “Black on Black crime.” This is erroneous and harmful.
When we turn to the court system, we see a new opportunity for justice. Everyone is innocent until proven guilty, right? Instead, we continue to see Black people treated as more criminal in nature. The United States Sentencing Commission reported that between 2012 and 2016, “Black male offenders received sentences on average 19.1 percent longer than similarly situated White male offenders.” White people continue to be let off the hook -- they are arrested less often, charged less often, and are given shorter sentences. We see the final outcomes of these disparities through the disturbing misrepresentation of Black people in correctional facilities. Of all of the people incarcerated in our nation, nearly 40% of them are Black.
At this point, I hope you have accepted that there is a problem within our criminal justice system and are eagerly brainstorming a solution. Perhaps there is a system that is more adequate for the needs of our society? Would it be more effective to decentralize and create specialized teams that are equipped for specific challenges? This is the vision of many activists. While the term “defund the police” may be inflammatory, let’s consider why people are saying this. In the United States, we turn to our criminal justice system for nearly everything. This may be one reason why the US imprisons more than twice as many people (per capita) compared to nearly every other country on Earth. When you have an emergency, regardless of the reason, who do you call? 9-1-1. In fact, many police departments only spend about 4% of their time responding to criminally violent calls and are otherwise responding to traffic calls, noncriminal situations, and instances regarding property crimes (New York Times). I once went on a ride-along with a Charlotte police officer who mentioned that a majority of his calls pertained to mental health and family disputes. The police are supposed to enforce our laws, not respond to every single need within the community. If some of these duties were offloaded to other agencies, perhaps the funding would need to shift as well. This is the idea behind defunding the police; we believe it is one worth exploring.
Other solutions include reforming police use-of-force policies. A 2017 article by Osagie K. Obasogie & Zachary Newman discussed how differences in policy language can lead to important public health outcomes. For example, it is important that police officers understand what to do rather than simply being told what not to do. This more effectively directs their behavior and limits discretion when a police officer is confronted with a potentially dangerous suspect. Increased transparency is also a key component of criminal justice reform, with many police agencies implementing body camera devices to have visibility over their officers’ behavior. This provides more evidence for racial discrimination, allowing us to confront the reality of a racist criminal justice system.
We have all seen the life-or-death consequences that accompany a racist criminal justice system. America watched in despair as George Floyd, Breonna Taylor, Rayshard Brooks, Michael Brown, Tamir Rice, Sandra Bland, Keith Lamont Scott, and so many others lost their lives to police violence. Even when the details of the situation were lacking, it was evident that the officers involved were too quick to resort to deadly force. This article has provided you with the knowledge necessary to begin confronting this issue. However, this situation is extremely nuanced. Our action items will provide an opportunity to extend your research to include information about police unions, the private prison industry, and other players that will impact the future of policing. We encourage you to not only engage with this important research, but to share it and discuss it. The system will not change without our attention and pressure.
Action items:
Watch the film 13th, which eloquently describes a series of interrelated issues including the War on Drugs, mass incarceration, and the private prison industry. Tell a friend and encourage that they watch it as well.
Research the nuance that police unions have on the criminal justice system through this 11 minute video.
Research further into cash bail reform through the Bail Project and consider donating to a bail fund.