CRIMINAL JUSTICE/RACIAL JUSTICE NEXUS (FROM CRITICAL ISSUES IN CRIMINAL JUSTICE, 1979, BY R G IACOVETTA AND DAE H CHANG - SEE NCJ-63717)

• NCJ Number: 63719
• Author(s): C B JONES
• Date Published: 1979
• Length: 15 pages
• Corporate Author: Carolina Academic Press
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE RELATIONSHIP BETWEEN RACIAL AND CRIMINAL JUSTICE ISSUES IS DISCUSSED IN A HISTORICAL FRAMEWORK BEGINNING WITH THE DAYS OF SLAVERY IN AMERICA THROUGH TO THE PRESENT.

Abstract

FROM THE 17TH CENTURY UNTIL 1865, THE CRIMINAL JUSTICE SYSTEM ENFORCEMENT LAWS SUPPORTING WHITE SUPREMACY. THE DECLARATION OF INDEPENDENCE IGNORED THE EXISTENCE OF SLAVERY WHILE THE CONSTITUTION EXPLICITLY ENDORSED IT. THE CIVIL WAR ENDED SLAVERY, BUT NOT RACIAL DISCRIMINATION. CIVIL RIGHTS LEGISLATION PASSED DURING RECONSTRUCTION WAS NULLIFIED DURING THE JIM CROW PERIOD WHICH SAW A DISPROPORTIONATE NUMBER OF BLACK ARRESTS, DEATH SENTENCES, AND LYNCHINGS. THE 1954 BROWN DECISION AND SUBSEQUENT CIVIL RIGHTS LAWS PROHIBIT OVERT ACTS OF RACIAL DISCRIMINATION, BUT INSTITUTIONAL RACISM REMAINS A PROBLEM. PRESSURED BY THE CIVIL RIGHTS MOVEMENT, CRIMINAL JUSTICE AGENCIES HAVE BECOME MORE RESPONSIVE TO RACIAL PROBLEMS THROUGH COMMUNITY RELATIONS PROGRAMS AND MINORITY RECRUITMENT. STILL, MANY DISCRIMINATORY FEATURES REMAIN AND ARREST AND VICTIMIZATION RATES ARE DISPROPORTIONATELY HIGH FOR BLACKS. CAUSES OF BLACK CRIME HAVE BEEN ATTRIBUTED TO RACIAL INFERIORITY AND SOCIOCULTURAL FACTORS IN LOW-INCOME BLACK COMMUNITIES. MANY CRITICS BELIEVE THAT INCREASING THE NUMBER OF BLACK LAW ENFORCEMENT PROFESSIONALS CAN REDUCE BLACK ALIENATION FROM THE LEGAL SYSTEM. PROGRAMS DESIGNED TO IMPROVE RELATIONS BETWEEN POLICE AND THE BLACK COMMUNITY WERE GENERALLY UNSUCCESSFUL. MINORITY RECRUITMENT MEASURES HAVE BEEN SUCCESSFUL IN ATTRACTING APPLICANTS, BUT HAVE NOT PLACED LARGE NUMBERS OF BLACKS IN PROFESSIONAL CRIMINAL JUSTICE POSITIONS. FUTURE RECRUITMENT EFFORTS MUST EXAMINE THE IMPACT OF SCREENING TESTS AND ECONOMIC CONDITIONS. THE FEDERAL GOVERNMENT HAS GREAT POTENTIAL FOR ENCOURAGING RACIAL JUSTICE THROUGH LEGISLATION SUCH AS THE 1968 OMNIBUS CRIME CONTROL AND SAFE STREET ACT AND AFFIRMATIVE ACTION. FINALLY, POLITICAL STRATEGIES SHOULD BE DEVELOPED TO IMPROVE THE EFFECTIVENESS OF THE JUSTICE SYSTEM AND ELIMINATE RACISM. DISCUSSION QUESTIONS AND FOOTNOTES ARE APPENDED. (MJM)