Inequality is a common problem in today’s world. It separates varied groups of people and alienates some in most of the production sectors. In the case where a minority group such as African Americans and Hispanics are perceived to be different from the majority white group racial and ethnic disparity may be observed. The inequality may then result in uneven resource distribution including misallocation of housing, education, and the criminal justice system. The differences in racial and ethnic predisposition have resulted in self-awareness across groups of people, stereotyping, conflict, and heightened competition rate thus increasing setbacks in how people assimilate and integrate including in law enforcement offices. It is therefore crucial to demystify the variation in race and ethnicity and analyze how the two have impacted the criminal justice system in the U.S. and how it has affected the functioning of the society.
Race and ethnic disparity is a global challenge that has hindered the progress of communities. The challenge encompasses immense prejudice and inequality in different sectors of production. Some factors such as historical perspective and cultural orientation contribute to racial and ethnic disparity. For instance, throughout U.S. history, the white majority of the population has always reigned supreme over other minority groups such as the Hispanics and the African Americans who were once slaves in the country. Because of the historical and cultural view, inequality has pervaded the U.S. not only in the criminal justice system but also in the housing and education sectors. Besides, as marginalized groups strive to preserve their culture and identities, they may be misrepresented in various platforms leading to stereotypic beliefs.
Besides, there is a range of statistics that show the continuous existence of racial and ethnic disparity in the criminal justice system. Research conducted by Cai et al., (2022) shows a large-scale inequality in the task force. The article explores how hundreds of ethnic groups in ten main cities in the U.S. are more likely to be stopped by the police for overspeeding, unlike the white majority. White drivers rarely face strong criminal charges for traffic infractions and other traffic violations while analyzing telematics data gathered. Traffic stops are obliquely located across the U.S. especially in areas predominantly occupied by people of color thus affirming the existence of discrimination in the criminal justice system. Specifically, Cai et al., (2022) research concentrated in cities like Mesa and Arizona with a high rate of people of color, and from their findings, it was evident that police stops were many in those areas compared to white-dominated cities.
Also, empirical studies conducted by Saunders et al., (2023) show the existence of implicit biases in making judicial decisions. Data was collected in North Carolina from whites and people of color during their probation period and after release between 2012 and 2016. From the findings, racial disparity in discretion heightened as the supervision maximized. There was increased oversight among white American cases, unlike African Americans with more discretion accorded to the white majority signifying the existence of inequality in the law.
Structural functionalism can also be successfully employed in dissecting the ever-present inequality in the justice system. It depicts society as a composite framework aimed at achieving order. Low-income minority groups have been the major blame drugs in the constant war on drugs in the U.S. Historically; there has been a connected social framework of laws where the whites blame every drug-related problem on marginalized groups. From structural racism in drug wars, it is evident that the structural dimensions have constantly disfavored people of color (Rosino et al., 2018). Structural functionalists are thus tasked with the responsibility of assessing how the justice system can function collectively to ensure social order prevails amidst the chaos of disparity. It is through structural functionalism that bias in law enforcement is dictated and managed to avoid racial profiling and discrimination of ethnic communities.
Equality can be enhanced through the structural functionalism approach by ensuring equality in people’s representation in the criminal justice systems such as in prisons. Prisons are meant to strengthen order and equality. However, if there is a misrepresentation of certain groups, the order may not be attained. When minority groups are the disproportionate target of the system, social divisions take root making it strenuous and difficult to achieve the functionalist agenda. Racial and ethnic disparity thus affects the operation of the society due to unequal distribution of both manpower in the task force and uneven prison representation. The presence of imbalance in the justice system culminates in social inequalities resulting in stereotypic beliefs hence affecting societal order making structural functionalism dysfunctional and benefitting only the white majority in the society.
Furthermore, the emergence of Critical Race Theory in the 1970s with the need to address civil rights played a vital role in shaping societies today (Delgado et al., 2023). The theory is effective in elucidating the past and present political upheaval concerning the existence of racism. In the past, CRT played a key role in interest convergence. There was a heightened rate of inequality and discrimination of African slaves by their white masters. Martin Luther King Junior, and Abraham Lincoln among other prominent individuals in society converged together to fight for equality thus establishing critical race theory. The theory was crucial in facilitating equality not only in the justice system but also in education. According to Teitelbaum (2022), CRT has led to a heated discussion on racial inequality. The article also demystifies the ongoing debate in curriculum implementation and what should and not be taught. Understanding the existence of inequality in the justice system today necessitates learners to be educated on their racial history hence they will understand the need for change and to embrace equality.
The symbolic interactionism perspective is also important in enforcing quality. The sociological framework focuses on the essence of social interactions and connections. People’s experiences through interactions can negatively or positively affect the world. Through individuals’ symbols and language, meaning is generated. For instance, in the justice system, labels allocated to minority groups ultimately affect their social life. For instance, labeling people of color as criminals and gang lords affects their chances of being employed and successfully interacting with other people as they are judged harshly not only by the law but also by those around them. Through media representations, ethnic groups are socially portrayed as criminals and the media shows their over representation in the justice system.
Besides, implicit biases by law officials and judges may affect how marginalized groups are treated by the law thus widening the disparity between such groups and the majority white population. Nelson et al., (2023) assert how individuals’ cultural attribution paves the way for racial profiling and surges ethnic disparities. Therefore, through symbolic interactionism perspectives, people may innocently face the harshness of the law as their everyday interactions are curtailed based on increased racial profiling. People from marginalized groups may eventually fail to pursue certain courses like law and some may have everyday panic when they encounter the law due to fear of being discriminated against.
The above varying perspectives have an immense influence on race and ethnic disparity as discussed above. However, the symbolic integrationist perspective is the most prominent in influencing racial disparity. Every global challenge emanates from how specific races are perceived. Structural functionalism is also a perspective most similar to the symbolic interactionism perspective. As people interact and form varied opinions, societal structures and policies are established which is crucial in determining the direction of the society. For instance, as law officers are quick to racially profile a person from a marginalized group, the system or the law structure fails to uphold its intended purpose which is to enhance order. Therefore for order to be upheld in structural functionalism there is a need to acquire and employ positive symbolic interactions without forming stereotypical beliefs that would culminate in racial and ethnic disparity.
There are a few research methods that can be incorporated into the criminal justice system to efficiently comprehend the existence of race and ethnic disparity. Methods such as surveys can successfully be employed in a research study to have an in-depth understanding of racial disparity in the criminal justice system and to identify ways of minimizing racial gaps. By conducting interviews with marginalized groups, researchers can also understand how the groups have been impacted over the years. Questionnaires can also be incorporated in researching as they guarantee anonymous responses hence valid answers from affected individuals.
In addition, government policies can be implemented to eradicate racial discrimination in the production sector and ensure equality for every person. After extensive research is conducted, people can also be educated on the benefits of communal and inclusive living to achieve a harmonious environment. The symbolic interactions perspective should be geared towards inclusivity and establishing a sense of well-being and belonging. For this t work, everyone should converge together with a common interest and see each other as U.S. citizens. By using varied focus groups, a positive symbolic interaction perspective can be achieved. In the past, the federal government implemented some policies to minimize racial disparity. These include; The Fair Sentencing Act of 2010 which included all races involved in powder cocaine unlike in the previous years which majorly focused on African Americans. However, Parks (2011) asserts that the Act was unfair and still had a racial inclination toward African Americans making many critics consider the Act null. A few Acts like the 2018 Prison Reform Act are considered to be effective in the majority of prisons in the U.S. The Act strives to provide fair treatment regardless of individuals’ race in offering rehabilitation services.
In conclusion, racial and ethnic disparity in the criminal justice system continues to be a menace regardless of some policies in place. The government should not only implement but enforce the laws in place t ensure their success. I would recommend the establishment of Community policy programs that would foster positive interactions between the law and the community. When this is met, every other thing will fall into place to achieve an inclusive nation.
References
Cai, W., Gaebler, J., Kaashoek, J., Pinals, L., Madden, S., & Goel, S. (2022). Measuring racial and ethnic disparities in traffic enforcement with large-scale telematics data. PNAS nexus, 1(4), pgac144.
Delgado, R., & Stefancic, J. (2023). Critical race theory: An introduction (Vol. 87). NyU press.
Nelson, T. E., & Joselus, D. (2023). Cultural attributions for racial inequality. Politics, Groups, and Identities, 11(4), 876-898.
Parks, T. B. (2011). The Unfairness of the Fair Sentencing Act of 2010. U. Mem. L. Rev., 42, 1105.
Rosino, M. L., & Hughey, M. W. (2018). The war on drugs, racial meanings, and structural racism: A holistic and reproductive approach. American Journal of Economics and Sociology, 77(3-4), 849-892.
Saunders, J., & Midgette, G. (2023). A test for implicit bias in discretionary criminal justice decisions. Law and human behavior, 47(1), 217.
Teitelbaum, K. (2022). Curriculum, conflict, and critical race theory. Phi delta kappan, 103(5), 47-53.
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