According to Tate, everyone has the right to equality before the law without discrimination of race, nationality, or ethnic origin (Tate, 2019). The disparity occurs in the quest for justice. The police, the courts, and the correction institutions all have unfair treatment of minority people. For instance, in the Powell versus Alabama case, a jury made up exclusively of white people found the Scottsboro youths, nine African American youths, guilty of raping two white females. A death sentence was given to eight of the youngsters. The public criticized the notion of mixed juries. All were finally cleared years later. In 1979, the Newsome Case added to the predicament. In Chicago, he was charged with killing a white grocery store owner and committing an armed robbery despite the lack of any tangible proof. Although there was no physical evidence, a strong alibi was evident, with three witnesses identifying him as the killer. The jury recommended life imprisonment over the death penalty. After 15 years in prison, the killer was identified by a fingerprint at the scene. The prosecution claimed race had no role. These instances show that the minority are more vulnerable than the whites.
Bail and counsel rulings negatively impact the minority. It is evident as they have a greater chance of being poor, convicted, and facing harsh sentencing. In addition, they are less likely to be freed before trial and have a lower chance of finding qualified legal representation. The right to counsel was emphasized in 1932 by Powell versus Alabama case, Johnson versus Zerbust in 1938, and Gideon versus Wainwright in 1963. According to their decisions, states must provide an attorney for indigent defendants who are accused of crimes, federal crimes, or both. They must designate an attorney for poor defendants accused of state crimes. It was evident in the supreme court in the William versus Taylor case in 2000, which ruled that William’s right to practical counsel assistance had been violated. Hiring a private attorney has been shown to benefit whites more than minorities. Minorities are more negatively impacted by public defenders than are white people. Public defenders experience longer working hours, lower salaries, fewer resources, and limited technology, limiting their success in cases.
Reforms and procedures for bail have been created to guarantee that the defendant shows up for court. It is administered by factoring in race and other factors, including previous offenses and geographical areas. Research has shown that in minority groups, bail amounts are higher than in the white community. They are more likely to receive a harsher disposition for less significant offenses and have cases dismissed less frequently. Before trial, those imprisoned face a higher likelihood of conviction and a heavier sentence. With 33% to 50% of felony cases being dismissed before any judgment of guilt or innocence, self-perpetuating biases have also been demonstrated to influence prosecutors’ charging decisions (Tate, 2019).
The resolution of 96% of cases occurs through pre-trial plea negotiations: criminal record, offense seriousness, and evidence against a defendant influence charging and plea bargaining decisions. More plea deals are offered to white offenders, and they are also better offers. Their chances of getting charges dropped, cases dismissed, avoiding harsher penalties, additional charges, and having their records wiped at the state and federal levels are higher. The war on drugs has also exhibited selective prosecution, with minority groups facing the wrath of this fight. Pregnant black women had been prosecuted for fetal abuse, child exposure to illegal drugs, and involuntary manslaughter. They were found to be reported for addiction at health and human services institutions making their infants vulnerable. It was countered, however, that the reason the prosecution singled them out was not because they were guiltier of prenatal abuse but rather because they were black and poor. State and federal laws have demonstrated to drastically reduce instances of racism since the Scottsboro Boys Case, according to evidence. Because race, gender, and ethnicity continue to influence court-related decisions, equal justice for all groups is still not achieved.
References
Tate, A. (2019). The Courts: A Quest for Justice During the Pre-trial Process. SlidePlayer – Upload and Share Your PowerPoint Presentations. Retrieved May 4, 2023, from https://slideplayer.com/slide/12984452/
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