Criminal
Justice system is defined as a system the government created to control crime
and penalize those who violate the law. Yet there are countless times where
history proves to us that it was created to a disadvantage for the African
Americans. Instead, it seems more like a way people could gain control, power,
and advantages over the African Americans (since they were considered as the
minority group). Statistics have shown that even though they only take up about
13% of the entire population in America, 38% are punished and put in jail.
From
as early as the early establishment of the U.S Constitution 1787, we can see
how the law plays a disadvantage role for them. African Americans were once
considered as 3/5th of a citizen in the constitution. Through history, we can
see that there was a significant difference in the administration of justice
when people were reviewing for punishment for crimes committed for both White
and African Americans. For example, if an African American commits a crime,
they would have to endure many biased juries who will often find reasons to
prove them guilty. On the other hand, if a White American commits a heavy crime
such as lynching or raping an African America, they were often proven innocent,
granting them a free pass.
Looking
back in time, from the 1630-1865s many believed that “black life is cheap”,
thinking that they weren’t capable of affording justice, they devalued African
Americans by giving little justice to them compared to White Americans. At the
time of slavery, history has already shown the marginalization and flawed bias
in the criminal justice system. African Americans were seen as inferior to the
Whites, and sold into labor to help boost the economy in the south. Slave codes
were later established for anyone who tried to escape or fight against this
slave life that was forced upon them. From example like these, we can see how
the idea of whites being more superior than blacks are heavily weighted into
the definition of what the justice system is like and should be.
Focusing
especially on the slave code, it shows the injustice that the law created. Even
though the action of slave trading often mean innocent African Americans being
abducted, traded, and sold, very few whites were convicted or executed for
their heartless action. Since people believed that death would be too big of a
punishment for trading slaves, these white slave traders were considered
“innocent”. Even after 1863 where slaves were free through the Emancipation
Proclamation, black codes were still passed as laws to punish blacks who would
“offend” the whites by testifying against them in voting or in juries.
Even
recently, we can see the flaws in the criminal justice system through events
such as the Trayvon Martin shooting case. An innocent 17 year old African
American boy was shot by a watchman because of what supposedly was “self
defense”. The boy was unarmed and was killed because the white watchman was
overzealous and claimed it to be self defence. The justice department ended up
charging this white watchman for civil rights violation, and was sparred all
other charges because there was not enough evidence against the white watchman.
Examples
like these show how the criminal justice system in America often turns a blind
eye towards the white, which gives them the power to suppress and often control
the African Americans socially. It gives us a glimpse into the injustices and
inequality African Americans have been experiencing with this flawed criminal
justice system.
""Slave Codes"." Ushistory.org.
Independence Hall Association, n.d. Web. 23 Apr. 2017.
Parent, Anthony S. "Foul Means." Google Books.
N.p., n.d. Web. 23 Apr. 2017.
The System Isn't Broken, It Was Designed That Way: A Critical
Analysis of Historical Racial Disadvantage in the Criminal Justice System I The
Hampton Institute. N.p., n.d. Web. 23 Apr. 2017.
"Trayvon Martin Shooting Fast Facts." CNN. Cable
News Network, 28 Feb. 2017. Web. 23 Apr. 2017.
The Criminal Justice System. N.p., n.d. Web. 23 Apr. 2017.
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