NCJ Number
18037
Date Published
1974
Length
29 pages
Annotation
THIS PAPER ADDRESSES ITSELF TO THE USE OF JUDICIAL DISCRIMINATION AS A VEHICLE OF IMPOSING AND MAINTAINING SUPERORDINATE CONTROLS ON SOCIETY, ESPECIALLY IN THE WHITE, MALE-DOMINATED SOUTH.
Abstract
THE STUDY, USING THE NORTH CAROLINA CORRECTIONAL SYSTEM AS AN INDICATOR OF FAIR AND EQUAL JUSTICE, AS MANIFESTED BY OUR JUDICIAL IDEALS, SHOWS THAT THIS IS NOT THE CASE. DIRECT RELATIONSHIPS SEEM TO EXIST REGARDING CLASS, RACE, AND SEX IN THAT THERE IS A GREATER CHANCE FOR LOWER CLASSES, RACIAL MINORITIES, AND MALE OFFENDERS TO BE PROSECUTED, CONVICTED, AND INCARCERATED THAN IS THE CASE FOR OTHER OFFENDERS. WHILE WHITES ACCOUNT FOR THE MAJORITY OF FELONY ARRESTS, BLACKS ARE THE ONES WHO ARE ADJUDICATED MOST HARSHLY, ACCOUNTING FOR THE MAJORITY OF INCARCERATIONS. ALTHOUGH FEMALES, IN GENERAL, ARE SUBJECTED TO REVERSE JUDICIAL DISCRIMINATION, THOSE ADJUDICATED REPRESENT THE SAME DISCRIMINATORY PATTERNS FOUND AMONG THEIR MALE COUNTERPARTS REGARDING CLASS AND RACE. JUSTICE IS VIEWED BY THE AUTHOR AS BEING RELATIVE IN THAT IT IS DEFINED NOT ACCORDING TO SOME RATIONAL, IDEAL STANDARD BUT IN LINE WITH THE POWER ELITE'S OWN VALUE SYSTEM, ON THAT OFTEN IS USED TO PERPETUATE THE POWER DIFFERENTIAL BETWEEN ITSELF AND PRECEIVED THREATENING OUTGROUPS IN THE SOCIETY. (AUTHOR ABSTRACT)