Diversity on the Criminal Justice

¶ … Diversity on the Criminal Justice System

How does diversity in the Criminal Justice System impact economic considerations?

Over the last two hundred fifty years, the study of criminal justice has become an important part of understanding society and why someone will commit different crimes. Evidence of this can be seen by looking at the writings of Cesare Becciria. In 1764 he wrote an essay called Crimes and Punishments. In it, he wanted to know why someone breaks the law and what could be done to prevent this from occurring. What Becciria concluded, was that if people knew they would be caught and severely punished their actions would be restrained. This is because they are hesitant about breaking the law, as this will serve as a way of deterring them from engaging in behaviors that are against the norms of society. (Siegel, 2010, pp. 2 -- 10) As a result, he believed that if the government had an effective means of: enforcing the law and responding to various incidents that this would prevent criminal activity from occurring. This is significant, because this philosophy has become the standard approach that is used by many Western nations when it comes to enforcing the law.

However, there are also critics who claim that following these standards can often lead to major social problems down the road. This is troubling, as it is illustrating the overall challenges and lack of diversity in the criminal justice system. Over the course of time, this can have an effect on economic and social considerations. To fully understand why this is happening requires examining: how scholars study diversity / social causes and the impact of the consequences of racism on the society. Once this takes place, it will provide the greatest insights as to the overall effects that this is having the general public and the lasting consequences.

How Scholars are Studying Diversity and the Different ways in which They are Examining the Causes

During the 20th century there were a number of different methods that were used to study criminal justice system to include: the Marxist / socialist view and the Western standard. The Marxist / socialist views are when researchers are studying the impact of the capitalist system on the individual. As, they are looking beyond the underlying causes of: why someone committed a particular crime. Instead, they are focused on how society and the system itself contributed to the person committing a particular offense. This is important, because it is indicating how criminologists will study diversity by: looking at the economic system and society. The way that this impacts the underlying causes and their views of them, will be based upon various Marxist principals. As, these kinds of researchers will often to point to social injustices that are occurring, to highlight the underlying reasons why people will break the law. This is how sociologists will understand the causes by: focusing on the economic system and the divisions that it creates. (Hil, 2002)

The Western standard is based upon the belief that various individuals will break the law due to a number of different factors. A few of the most notable include: a lack economic opportunity, boredom, the inability to fit in, they are venting their frustrations and to make a statement. These principals are based upon: the belief that all people are inherently good and that most will break the law due to factors that are beyond their control. However, these ideas are intertwined with the belief that there is some form of accountability for the actions of each individual. As a result, a new ideology is created that is based upon: social, psychological and political factors. This allows many scholars to understand diversity by: looking at a number of different elements as to why someone will break the law. The way socialists will explain these underlying causes is by taking an overall big picture view to: know everything about the person or a particular group. (Hil, 2002)

The Consequences of Racism on the Criminal Justice System

The effects of racism on the criminal justice system can be severe. As, it will create vast disparities in society that are having negative impacts on: the courts and corrections. This is because the law will: target the lower ends of society and those groups that are considered to within the minority. An example of this can be seen with various vagrancy laws that have been enacted around the country. On the surface, this appears to be a way for communities to impose law and order. However, the reality is that more minorities have been arrested and convicted under these laws in comparison with whites. This is problematic, because it shows how the different regulations will indirectly discriminate against certain social groups within society. (Cote, 2002, pp. 23 -- 34)

Further evidence of this can be seen with observations from Strieb (2007), who wrote, "Recent examples of how the law itself can lead to racial disparities are found in the war on drugs. The federal sentencing guidelines for the distribution of cocaine are perhaps the most striking example of this diverse impact. Although there is no difference in the effects between powered and crake cocaine, there is a difference in the penalties for distributing the two drugs. A person sentenced for possession with the intent to distribute powdered cocaine would need to posses one hundred times more cocaine to receive the same penalty as a person sentenced for the same offense involving crack cocaine." (Streib, 2007, pg. 178) This is significant, because it shows how there are various amounts of racism that are occurring in the criminal justice system. While not intentional, the lingering effects of this will cause vast disparities between: the number of people who are incarcerated in comparison with the rest of society.

A good example of this can be seen by looking at the total number of African-American that was arrested for drug offenses. As they account for 13% of the total population of the country. Yet, nearly 56% of the inmates in state prisons (who are there for drug related convictions) are African-Americans. (Quigley, 2010)