Racial Discrimination in the Criminal Justice System

Race has been both a defining and dividing topic in America since its founding.  Racial discrimination, although present to a lesser degree than in the past, is found in every quarter of society.  Not surprisingly, racial discrimination permeates the criminal justice system. While we all want to believe that justice is blind, or color blind, the fact of the matter is that race affects every facet of the criminal justice system, including how police handle their responsibilities, how juries are selected, and how sentences are handed down.

In his book, “No Equal Justice: Race and Class in the American Criminal Justice System,” Author David Cole opined that the double standard surrounding race, as well as class, compromises the legitimacy of the criminal justice system and heightens the racial divide across the country.

Cole’s main theory revolves around the issue of respect or, in this case, the lack of respect. He believes that if the criminal justice system does not respect both the poor and minorities by refusing to afford them equal justice then it would be illogical to expect these underrepresented groups to show respect for the system in return.

Meanwhile, the Open Society Institute, founded by George Soros, wrote a brief several years ago and presented it to the UN Committee on the Elimination of Racial Discrimination. It found that racial discrimination in the administration of justice is a global problem that disparages the rule of law, resulting in the victimization of racial and ethnic groups.

The brief goes on to say that since 9/11, the situation has only intensified, especially in regard to racial profiling of Arab and Muslim communities. With legal protections being suspended or ignored, this has left individuals vulnerable to physical or verbal abuse, unlawful surveillance or imprisonment for one reason and one reason only – their race, ethnicity or place of origin.

Part of the problem, according to the Open Society Institute, is a revolving door of prejudice. In essence, it is reinforced over and over again owing to a preponderance of minority defendants represented in the criminal justice system. This vicious cycle, if not broken, will only serve to continue this long-standing discrimination.

A ray of hope does exist. The Open Society’s Justice Initiative is fervent in its goal of law reform based on human rights protection. The all-important areas of national criminal justice, international justice, freedom of information and expression, as well as equality and citizenship, are being championed by the Justice Initiative, which combines litigation, legal advocacy, technical assistance, and the dissemination of knowledge to break down the barriers of bias around the world.

NYC criminal defense attorney, Jonathan Marks stands ready to advise and defend those who are under criminal investigation or have been accused of serious crimes before State and Federal Courts in Manhattan, throughout New York City and the United States. NYC federal criminal lawyer provides legal assistance in murder, manslaughter, drug crimes, arson, burglary, conspiracy, kidnapping, RICO & white collar crimes including, telemarketing fraud, mail frauds, embezzlement, counterfeiting and smuggling cases.

By: Jonathan Marks