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Ethnicity

Differential Treatment: Race and Ethnicity Role in Courts Essay

April 13, 2021 by Essay Writer

Introduction

Justice is crucial for the sustainability of the society norms and laws. In addition, it helps in punishing the law offenders in the society. The justice system ought to be fair to all the people in the society to ensure that all the accused are treated the same in courts (Lewis 113). The following discussion indulges in ethnic and racial disparities effects on the accused and suspects’ treatment in the courts.

Legal Improvement on Equality

The American justice system has continued to improve over the years by ensuring that all races and ethnic groups are treated the same. Crucial achievements have been seen in the voting and employment laws where individuals are treated the same (Hudson 87). However, equality in all sectors of the government is yet to be achieved. The judicial system has been criticized for its turf stance on the Africa-America race in the country (Lewis 211).

In addition, the courts have been on the spot due to their ruling and treatment of certain suspects based on their ethnic background, especially on the basis of their religion (Pincus 65). The criminal trials injustices are seen as a threat to the achievement made in other sectors of the society and the government organs. Prison statistics show that three out of ten African American men are serving prison terms in the U.S. correctional facilities. This has made many critics of the courts and the government argue that the prisons are meant for the blacks (Rice 45).

Rights of the Minority

In 1965, the American Congress passed a registration, which gave voting rights to all American citizens. However, current statistics show that over 1.4 million African American individuals do not have voting rights due to previous felony charges that prohibit them from participating in voting (Gallagher 164). Denial of voting rights illustrates that the judicial treatment of people in the country is unfair to the minority who need to be protected by law to enable them to enjoy their rights (Pincus 109).

Criminal Trial Proceeding

Racial difference in the courts affects individual fundamental rights that have to be determined by a court of law. These rights relate to bail and freedom where those charged are denied bail based on their racial and ethnic differences (Cooper 109). In addition, most of the suspects charged with violent crimes are from African American society. The treatment of minority in criminal proceeding illustrates that the courts do not treat all suspects the same (Hudson 132).

For instance, in the case of Timothy Foster versus the state of Georgia, in 1987, the case raised concern due to the prosecutor’s action of disqualifying all the black jurors in a criminal court. The case involved a black teenager who was accused of unlawfully killing a white woman. The Supreme Court judges in the state raised their concerns for such action since they believed that the black jurors were intentionally removed from the case to force a conviction (Gallagher 109).

The suspect was later convicted by the jurors who were all white for murder. He received the death penalty as requested by the prosecutor. This case shows a clear indication that the court process has been abused to punish specific racial and ethnic groups. Ethnic groups such as Asians, Hispanics, and Latinos have complained due to their unfair treatment in the courts, especially in cases involving immigration enforcement (Cooper 76).

Conclusion

Unfair treatment of defendants and suspects in court has raised concerns over the implementation of the rights to equal treatment act. Some courts have failed to show leniency in cases involving the minority in the country. The injustices are perpetrated by the prosecutors and court judges in cases involving minorities are major concerns in the modern society. The justice system needs to be improved to ensure that all people are treated the same despite their ethnic and racial disparities.

Works Cited

Cooper, Adrian. Racism. Oxford: Heinemann Library, 2003. Print.

Gallagher, Charles A. Race and Racism in the United States: An Encyclopedia of the American Mosaic. California: Greenwood, 2014. Print.

Hudson, David L. Race, Ethnicity, and the American Criminal Justice System: A Resource Guide for Teachers. Chicago: American Bar Association, 2005. Print.

Lewis, Amanda E. The Changing Terrain of Race and Ethnicity. New York: Russell Sage Foundation, 2004. Print.

Pincus, Fred L. Reverse Discrimination: Dismantling the Myth. Boulder: Lynne Rienner, 2003. Print.

Rice, Stephen. Race, Ethnicity, and Policing: New and Essential Readings. New York: New York University Press, 2010. Print.

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