Race Crime and Justice Module 3 Discussion Questions:

For this module, you are being invited to consider how courts and sentencing practices intersect with race and racism in the U.S. Based on the readings and resources given, present well-developed responses to the following questions.

Name one way (different than one given by any other student) in which the justice department says that the Ferguson court procedures violated the Constitution.
How does this constitute racial discrimination? How might it be remedied?
Shouldn’t the courts have the means to collect fines and compel appearances in court? Wouldn’t failing to do so engender disrespect for the courts and the administration of justice?
What does the Batson case require in the selection of juries? Is this sufficient to prevent racial discrimination by prosecutors?
Discussion Expectations

These are controversial topics, and we may have a wide variety of opinions concerning the players. Please remember to respect the right of others to have divergent opinions, and please keep it civil.

Your initial post should be at least 250 words

ANSWER

Race Crime and Justice Module 3 Discussion

How Courts and Sentencing Practices intersect with race and racism in the United States

Racism and racial disparity in the criminal justice system in the United States have been long-standing despite changes in racial dynamics in sentencing over time (Gabbidon & Greene, 2018). Studies have indicated that ethnic and racial minorities have been sentenced more harshly than whites. There is an evidential relationship between race and sentencing in the United States. For instance, black males receive harsher sentences than whites for the same crime. Relatively, black males are charged with more serious crimes and offenses than whites. The court practices and the sentencing procedures in the United States have been and still are intertwined with race and racism.

Ferguson Court Procedures Violated the Constitution

The practice of law enforcement violated the 14th amendment of the constitution. Ferguson court procedures were unfair and often led to the imprisonment of people who could not afford to pay their fines (Williams, 2017). Poor people were jailed for their fines and then were made to work off their debt through manual labor. This system disproportionately affects people of color because they are more likely to be poor than white people.

Collecting fines and Compelling Appearances in Court

The courts should have means to collect fines, but not in a way that disproportionately affects people of color. The current system does not consider a person’s ability to pay, and this often leads to people of color being jailed because they cannot pay their fines. Compelling appearances in court can also have a disproportionate effect because people are more likely to be working multiple jobs and may not be able to take time off work to appear in court.

Failing to collect fines and compelling appearances in court cannot engender disrespect for the courts and the administration of justice. This is because the issue is not with the courts or the administration of justice but rather with the structures outside the courts, which disproportionately impact people of color.

Batson and Selection of Juries

Batson case requires prosecutors to give a non-racial reason for why they removed a potential juror of color from the jury pool. The defendant is not allowed to have judges that are partially or completely comprising of his race, but also, the state is not permitted to omit latent members of the jury just due their race. This is sufficient in preventing racial discrimination by prosecutors since they have to explain why they excluded potential jurors of color.

Race Crime and Justice Module 3 Discussion:References

Gabbidon, S. L., & Greene, H. T. (2018). Race and crime. Sage Publications.

Williams, J. M. (2017). Race and justice outcomes: Contextualizing racial discrimination and Ferguson. Ralph Bunche Journal of Public Affairs, 6(1), 5.

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