RESEARCHING BLACK JUSTICE - DESCRIPTIONS AND IMPLICATIONS (FROM BLACKS AND CRIMINAL JUSTICE, 1977, BY CHARLES E. OWEN AND JIMMY BELL - SEE NCJ-43084)

• NCJ Number: 43093
• Author(s): S BARNETT
• Date Published: 1977
• Length: 9 pages
• Corporate Author: D C Heath and Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

STUDIES INDICATE THAT THE BLACK CITIZEN HAS SUFFERED FROM A REPRESSIVE CRIMINAL JUSTICE SYSTEM. SOCIAL AND ECONOMIC CONDITIONS OF THE BLACK MAN AND THE SYSTEM ARE DISCUSSED.

Abstract

THE INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM TOWARD THE BLACK MAN ARE EVIDENT IN MANY AREAS. REPORTS AND STUDIES IN THE AREA OF POLICE FORCES POINT TO MANY DISCRIMINATORY ARREST PROCEDURES AND A HIGH PERCENTAGE OF POLICE MISCONDUCT AND BRUTALITY TOWARDS BLACK CITIZENS. THE ADDITION OF BLACK POLICEMEN ON PREDOMINANTLY WHITE POLICE FORCES TO ELIMINATE SOME ABUSES TO BLACKS HAS, HOWEVER, CREATED OTHER PROBLEMS. CASES OF DISCRIMINATORY PRACTICES AND RACIAL FRICTION WITHIN THE POLICE DEPARTMENT ARE CITED. FINDINGS HAVE SUBSTANTIATED THAT BLACKS HAVE ALSO BEEN VICTIMS OF PREJUDICIAL DECISION IN THE COURTS. TYPICAL SAFEGUARDS OF THE JUDICIAL SYSTEM, SUCH AS PRELIMINARY HEARINGS, BAIL, AND RIGHT TO COUNSEL, WERE NOT APPLIED EQUITABLY TO THE BLACK AND/OR POOR DEFENDANT. BLACKS HAVE ALSO BEEN VIRTUALLY EXCLUDED FROM THE JUDICIAL DECISIONMAKING FUNCTIONS OF SOCIETY: ONLY A SMALL NUMBER OF BLACK LAW STUDENTS EXIST, AND BLACK JUDGES ARE PRACTICALLY NONEXISTENT. (IN 1972, LESS THAN TWO PERCENT OF ALL JUDGES WERE BLACK.) IN SHORT, IT APPEARS THAT THE ENTIRE LAW ENFORCEMENT AND COURT SYSTEM IS DOMINATED BY WHITES. MOREOVER, REPORTED HUMILIATING AND ABUSIVE TREATMENT OF INMATES BY PRISON AUTHORITIES HAS GONE VIRTUALLY UNNOTICED BY JUDGES AND LEGISLATIVE BODIES. IT IS NOT SURPRISING, THEN, THAT INTOLERABLE PRISON CONDITIONS CAUSE INMATES TO BECOME MORE EMBITTERED AND HOSTILE THAN BEFORE THEY ENTERED. THE 'REVOLVING DOOR' TREATMENT PROCESS CANNOT BE RESOLVED UNTIL SOCIETY IS WILLING TO EXTEND THE ECONOMIC, SOCIAL, AND LEGISLATIVE HELP TO MAKE RELEASED PRISONERS CONTRIBUTING MEMBERS OF SOCIETY. FURTHERMORE, RESEARCH SHOULD BE DIRECTED TOWARDS THE AREA OF HUMANE TREATMENT. AMERICAN SOCIETY APPEARS TO HAVE A RATHER MYOPIC UNDERSTANDING OF WHY MANY CRIMES OCCUR, NOT REALIZING THAT MANY POOR MAY HAVE TO RESORT TO ILLEGAL METHODS TO SURVIVE. THE RESPONSIBILITY OF ASSURING EQUAL TREATMENT RESTS IN THE END ON SOCIETY ITSELF. A BIBLIOGRAPHY IS INCLUDED.