Racial Discrimination Within the Justice System
Faith Kasha and
Gracie Oney-Hansen
Table of Contents
Title Page……………………………………………………………………………………………………….. 1
Table of Contents…………………………………………………………………………………………. 2
Introduction and Background……………………………………………………………………… 3
Archival Evidence……………………………………………………………………………. 4
Family Impact Analysis………………………………………………………………………………… 5
The Equal Justice Initiative…………………………………………………………… 5
Families Affected……………………………………………………………………………. 6
Checklist………………………………………………………………………………………….. 6
Options for Action ………………………………………………………………………………………… 7
Diversity, Equity, and Inclusion Training .…………………………………………………… 8
Questions for Deliberation…………………………………………………………….. 9
Funding for Public Defense …………….……………………………………………….……… 10
Questions for Deliberation….…………………………………………………….… 11
Evidence Preservation …………………………………………………………………………….… 12
Questions for Deliberation.…………………………………………………………. 13
Reflection on the Discussion……………………………………………………………………. 14
Moving to Action………………………………………………………………………………………… 15
References…………………….………………………………….…………………………….… 16 & 17
Introduction and Background
Racial discrimination within the justice system is a problem that is not recieving the attention it deserves. Bryan Stevenson’s story in Just Mercy, discusses Stevenson’s time working for the Equal Justice Initiative, specifically with a man named Walter McMillian who was framed for a murder he did not commit and was given an unfair trial that ultimately led to his wrongful conviction to death row, all because of the color of his skin (Equal Justice Inititive, 2021; Stevenson, 2015).
Racial discrimination can be seen in the legal system throughout history, both explicitly and implicitly. This is especially true in regard to the death penalty and wrongful convictions, both of which McMillian was directly experiencing as he sat on death row an innocent man. McMillian, a black man, was framed for murdering a young white woman. As this case was held in the deep south it is no surprise that the legal system paid special attention to not only the race of the convicted but also the race of the victim, when giving McMillian the Death Penalty. Research states that among all cases where the death penalty was sought, cases involving a black victim has a 0% probabliity of going to trial while cases involving a white victim was 53.33% (Southern Center for Human Rights, 1995). The research also states that, in this population in the year 1995, the death penalty was sought for 32.69% of cases with a white victim and only 4.92% of cases with a black victim (Southern Center for Human Rights, 1995).
Racial discrimination can be seen in trial as attorneys do not do the proper research in some cases, simply after discovering the race of the defendant or of the victim. Michael Radelet from the University of Florida writes that “[The University of Florida was] still missing data on the victim-defendant relationship in 15 cases, and 11 of those were black on black” (Southern Center for Human Rights, 1995).
Family Impact Analysis: The Equal Justice Initiative
What is the EJI?
The Equal Justice Initiative is a private 501(c)(3) nonprofit organization that is committed to ending mass incarceration and excessive punishment in the United States. The organization was founded by Bryan Stevenson in 1989 with the hopes to challenge racial and economic injustice and to protect basic human rights for the most vulnerable people in American society. The EJI specifically works with communities across the U.S that have been marginalized by poverty and discouraged by unequal treatment as a result of an unfair narrative regarding race (Equal Justice Initiative, 2021).
What components will be analyzed?
The idea of racial discrimination in the United States’ justice system is an all-encompassing topic that directly correlates to socio-economic status, gender, mental disorders, age, geographic locations, etc. It is a dynamic and complex issue because it interconnects different marginalized communities. However, for the sake of this analysis we will be focusing primarily on African Americans in the United States who have a low socio-economic status and therefore a lack of appropriate resources.
Checklist: Principle 4 - Diversity
What family types are affected?
current practice in the justice system
current practice in the Equal Justice Initiative
OPTION 3
CREATE NEW POLICIES TO PRIORITIZE EVIDENCE PRESERVATION AND MAKE IT EASILY ACCESSIBLE
OPTION 1
PROACTIVE DIVERSITY, EQUITY, AND INCLUSION TRAINING FOR LAW ENFORCEMENT AND ALL GOVERNMENT EMPLOYEES
OPTION 2
PROVIDE MORE FUNDING FOR PUBLIC DEFENSE
OPTIONS FOR ACTION
PROACTIVE DIVERSITY, EQUITY, AND INCLUSION (DEI) TRAINING FOR LAW ENFORCEMENT AND ALL GOVERNMENT EMPLOYEES
In the summer of 2020, the Black Lives Matter movement gained momentum after the unjust killings of black men and women, such as Ahmaud Arbery and Breonna Taylor, by law enforcement. Instead of having to be reactive to situations such as these, we need to be proactive in preventing them. A new and improved diversity, equity, and inclusion (DEI) training must be provided to all government employees across the country with a specific focus on law enforcement agencies, judges, attorneys, and anyone involved in the criminal justice system. This training will be developed by a variety of social scientists who show extensive knowledge of diversity and equity. It will not be enough for government employees to simply complete the DEI training but each employee must pass a field test/simulation to prove their new knowledge of such topics. The goal is that through proactive diversity, equity, and inclusion trainings, we can lower the percentage of minorities who are unfairly arrested and prosecuted. This will ultimately also minimize wrongful life sentences and death row convictions.
Option 1
Questions for Deliberation
PROVIDE MORE FUNDING FOR PUBLIC DEFENSE
Many of the cases waiting on death row did or do not have adequate presentation, which we see through Stevenson’s lens in Just Mercy. The EJI is trying to provide adequate legal defense as a reactive measure, but providing more funding for public defense would be a proactive measure that could possibly reduce the amount of people on Death Row as a whole. Statistics show that it is harder for people of color to find adequate representation, especially from public defense, which is the only option for many people of lower socioeconomic status. More funding for public defense could allow for more attorneys to be hired by the government, which could provide more defense to different defendants in hopes that this proper and adequate representation could help defendants get the justice they deserve and keep them off of Death Row if they do not deserve to be there.
OPTION 2
Questions for Deliberation
CREATE NEW POLICIES TO PRIORITIZE EVIDENCE PRESERVATION AND MAKE IT EASILY ACCESSIBLE
OPTION 3
Questions for Deliberation
Reflection on the Discussion
Moving to Action
References
Bogenschneider, Karen. (2014). Family Policy Matters. Abingdon, Oxon: Routledge.
Brody Law Firm. (2020, June 22). Georgia Innocence Project exonerates man falsely convicted of rape. https://www.bernardbrody.com/blog/georgia-innocence-project-exonerates-man-falsely-convicted-of-rape/
Chokshi, N. (2017, Mar 08). Race Bias Is Found In Wrongful Convictions. New York Times (1923-) https://www.proquest.com/historical-newspapers/race-bias-is-found-wrongful-convictions/docview/2463558418/se-2?accountid=14537
Equal Justice Initiative. (2021, February 23). Wrongful convictions. https://eji.org/issues/wrongful-convictions/
Family Impact Institute. (n.d.).Family Impact Checklist. Family Impact Institute. https://www.purdue.edu/hhs/hdfs/fii/wp-content/uploads/2015/06/fi_checklist_0712.pdf
Innocence Project. (2022, March 21). About. https://innocenceproject.org/about/#our-work
Kendi, I. X. (2017, Feb 26). Rights, Wrongs and Roots: A decade-by-decade history of race and racism in America, in 24 chapters. New York Times (1923-) https://www.proquest.com/historical-newspapers/rights-wrongs-roots/docview/2463622691/se-2?accountid=14537
Kozak, Melissa. (2022). Family Policy Lecture.
Southern Center for Human Rights collection: military death penalty, ms3277, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries.
References continued…
Southern Center for Human Rights collection: transcript of pleadings, memoranda, witness list and contacts list, ms3277, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries.
Stevenson, B. (2015). Just Mercy: A story of justice and redemption. Spiegel & Grau.
The Georgia Committee Against the Death Penalty: Death Sentencing in Georgia, ca. 19XX, Box 25, Southern Center for Human Rights Collection, Richard B. Russell Library for Political research and Studies, University of Georgia Libraries, Athens, GA, United States.
The Pattern of Uneven Justice, ca. 198X, Race and the Death Penalty #9, Box 25, Southern Center for Human Rights Collection, Richard B. Russell Library for Political Research and Studies, University of Georgia Libraries, Athens, GA, United States.