Alexander presented a statement that in 2000, blacks made up about 80-90 percent of drug offenders sent to prison. With such a staggering amount, you see how the war on Drugs was practically implemented for the African Americans. The War on Drugs is within the circumference of low-income communities where blacks and minorities dwell. As time went by not only did it reflect African Americans but for every three fourths of people imprisoned for offenses, it included either a black or Latino. Alexander states that the media portrays African American to be bad people or criminals involved in criminal activities however Whites are more prone to use drugs or sell drugs but since blacks are deemed as doers of the act, whites are less likely to get arrested or convicted for such activities. Though both parties are using illegal drugs at a similar rate, you will think that the ratio will be somewhat similar.
The system has given law enforcement the authority to choose that they think they should stop, arrest and charge based on their discretion. Unfortunately it creates a certain level of bias when it comes to arresting people. Based on the individual’s belief or assumptions, they tend to do as they please. Alexander states that steps are being taken to undermine claims of racial discrimination in the justice system. The struggle to prove racial discrimination in the criminal justice system is very impossible and the evidence needed majority of the time is unobtainable. Allowing the system of racial control to be effective, the system is always against African Americans.
In Whren v. United States, the police officers ability to stop and search anyone without posing any threat or even engaging in criminal activity was upheld. The court deemed it as a non violation of unreasonable searches and seizures of the Fourth Amendment. This allowed police officers to continue their practice of racial discrimination without any form of discretion. In McCleskey v. Kemp in 1987, the death penalty for blacks when involved in killing a white man was challenged. The defendant claimed racial bias in
violation of the Fourteenth and Eight Amendments. Blacks charged with killing of white victims receiving the death penalty at the rate eleven times that of defendants charged with killing of black victims. The justice of color was constantly being reflected with cases of blacks and whites. Blacks primarily found guilty in the killing of a white victim was more likely to be sentence to death. The court ruled that the statistics being given in court by the defendant did not in fact prove any unequal treatment and as such could not be used. The court stated that the plaintiffs intent of discrimination must be proven, which is usually impossible to prove.
African American faced with criminal trials is faced with a jury who is not in their favor. The racial composition of the jury alone plays a significant role to the accused. Though the Supreme Court in Strauder v. West Virginia denied the automatic exclusion of American Americans from jury duty based on race, the practice was still evident in most cases. When it came to convicting an African American, the jury was primarily all white. Though many have tried to rectify this behavior, to my understanding an attorney can still select or remove a juror that might not be in their favor. With white being dominate in the legal justice system, police officers decides who to wage this war on Drugs and based on their discretion how to deal with anyone they arrest. Though affluent people primarily whites are involve in the illegal use of drugs, the low income areas are being affected by the war on drugs. Black and brown people in urban areas are affected by the overwhelming presence of police in such areas. The actions taken against African Americans and Latinos cannot be justified. The assumptions and stereotypes of drug use in urban areas contribute to the misconceptions in the justice system.
It is evident in our times that how you dress might be used as a misconception to categories you with a certain group of people. Many people have been wrongly accused based on perception or misconception of the police officers. The color of justice favors the whites even the less privileged whites than Blacks. It’s quite unfortunate that even in our present times, such behaviors are still being practiced.
SOC320: Law, Society and Civil Rights 