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KaDae A. Brockington
English 1201.A51
Professor Cassel
24 February 2016
Has the Judicial System Failed Minorities?
The court system in the United States of America oversees every court case that happens. Being a
minority, especially a young black male in this society - dealing with the judicial system invokes panic.
From a young age citizens are taught to obey the law. To be respectful to those that surround, including
those in law enforcement, and even with be a law abiding citizen Its more frightening to be a citizen
than ever. With the countless people of color dying due to police brutality - its impossible not to think:
Whos next? What if a sibling is stopped by an officer and someone thinks theyre a threat? What if
theyre killed because a kid wanted an Arizona Iced Tea and a pack of Skittles? What if a woman of color
is killed during that traffic stop and the only personal account that the media and my family will have is
the officers? To some, this may sound as pity story, and some may even say that it wont happen if one
was to do the right thing. That doesnt prove true for many minorities that have been charged of crime,
or killed due to police brutality.
Race is still a very much present issue in the media. Whether its dealing with the
underrepresentation of minorities at the Oscars, or hearing Raven-Symone denounce her heritage, or
even the multitude of racially charged killings, its easier to notice that something that as simple as skin
color - is one of the most quintessential aspects of how the world views you. There will always be
deviance in the world, but what truly matters is the setting of the deviance and how it's dealt with. The
judicial system is what handles the punishment in the United States of America. Why are there systemic
failures in the aspect of fairly judging its citizens? In what reality, are police officers allowed to kill young
African Americans without fear? This reality. Sandra Blake. Tamir Rice. Freddie Gray. All of these
accounts are of African Americans killed with no repercussions. Even without dealing with police

brutality, blacks have longer jail sentences on average and still make the largest demographic in prison. Is
social deviance among blacks the only culprit or is our judicial system warped when dealing with African
Americans?
In retrospect, why are African Americans the highest killers of other African Americans? Yes, the
judicial system has failed us in terms of civil peace. Blacks are still the #1 killer for other blacks. A study
that was conducted by the Department of Justice from the years 1998 to 2010, highlighted the homicide
trends in America (Giddens et al. 1996). The study looked at the many facets of homicide, such as sex,
age, and race. What stood out in the study is the magnitude in which African American males killed each
other. The study performed by the department states:
In 2008, the homicide victimization rate for blacks (19.6 homicides per 100,000) was 6 times
higher than the rate for whites (3.3 homicides per 100,000). In 2008, the offending rate for blacks (24.7
offenders per 100,000) was 7 times higher than the rate for whites (3.4 offenders per 100,000)
(Department of Justice 2016).
African Americans make up only 13.2% of the United States population (Department of Justice 2016). To
have the highest rate of homicide means that were killing ourselves faster than other factors - such as
sickness and even other races. This paper is simply talking about how we kill each other, its also talking
about how were failed by a judicial system that neglects to protect us. Yes, black on black crime is a
monumental issue that must be addressed in order to create a better outcome for the race. Its just not the
only problem.
With the uprising of deaths to African Americans at the hand of police officers, The Black Lives
Matter Movement was created. The movement which has been seen as radical by right-wing news outlets
like Fox News, instead brings to light how blacks fit into this society. It mainly highlights acts of
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violence charged with race. The movement started directly after 17 year-old Trayvon Martin was killed by
neighborhood watchman George Zimmerman. Martins last words were, You got me, after being shot
for wearing a hoodie and having been followed due to rash crimes that had been in Zimmermans

neighborhood. Trayvon Martin wasnt killed by a police officer. No. Yet the judicial system still failed
him due to the all white-female jury that presided over George Zimmermans case. Zimmerman was not
indicted for the crime, and instead received monetary gains after the case (Sloane et al. 2016). To this day,
George Zimmerman can be found making crude jokes about Martins death on Twitter. Was it the time or
place? If the situation had been flipped and it had been a middle-aged African American man that
followed a white teen for looking suspicious, and later killed him due to that fact, would he be charged?
The answer is maybe. The judicial system in America is based on the ruling of a jury. Some crimes prove
more heinous than others, but why wasnt Zimmerman charged? It wasnt the lack of evidence, it was the
fact that the judicial system is a game - one which if you play your cards correctly, and know how to be a
victim, then youll win. This wasnt the first time that many minorities became afraid of the public, and to
be seen as threat, it only solidified the notion of racism and how some are perceived may affect how
were treated.
There are racial disparities in America. Although blacks make up less of the population of
America, we are still more likely to be convicted for a crime and sentenced than that of another person
with a different race (see table 1). Its possible that these locations are more heavily policed which may
result from the higher number of arrests. Another aspect worth looking at is that blacks are still very low
on the economic ladder, which may result in more acts of deviance being seen - such as drug dealing and
gang related activity.

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Table 1:

Source: "Section II: Incarceration & Its Consequences." Section 2 Incarceration and Its
Consequences. Prison Policy Initiative. Web. 24 Feb. 2016.
The table above shows that for every 100,000 from the population of U.S., near 7,000 of them are
black males, on the other hand white males are the second with only a seventh of their population being
incarcerated. As stated before, black neighborhoods are policed more heavily, but black men only make
35% of drug related charges, and with 46% percent of those leading to convictions. Why? Its at the
discrepancies of the judicial system. Its singlehandedly at the bias of a judge and supporting evidence
(Black Crime Rates: What Happens When Numbers Aren't Neutral 2016). What we do know is that
African Americans are typically charged younger than their racial counterparts and are given longer
sentences (Caravelis et al. 2016).
Blacks are more likely to be killed, incarcerated as well as charged for crimes. Its evident within
this society. The question lies in has the judicial system failed minorities? Do some feel threatened by
police and feel as if they are targeted due to this rules of this corrupted system? Yes and no. Many
minorities will say that they have had experiences where their race has defined them and not their
accomplishments. Yes its scary to think that something might happen due to you being in the
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wrong place, at the wrong time (Fruitvale Station 2013). Pray that youre never walking through a
Walmart with a BB gun still in a box and shot to death because someone thought it was real (Swaine
2014). Wish that you never have a 12 year old boy that accidentally plays with a toy gun outside and is

shot to death - only because he was seen as a threat (Fantz 2015). Hope that youre never arrested for
making my homemade cigarettes and die because some officer used an illegal chokehold (NBC 2014) .
Wish that youre never pulled from a vehicle for refusal to comply to a lawful officer due to smoking a
cigarette, and be framed for death as suicide (Whisner 2015). Race relations in America must become
cordial. That the judicial system gives black men a chance and doesnt think that just because I look or act
a certain way doesnt mean that they practice social deviance. Black on black crime needs to stop, and
stands as the biggest culprit for black deaths - agreed. Its a problem that must be fixed. In conclusion, the
American judicial system has failed its minorities by not providing support and stability in the areas of
sentencing and race relations (Nicosia et al. 2015).

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Working Bibliography

"10 Charts Show How 'Racist' America Really Is." Independent Journal. 26 Apr. 2014. Web. 5
February 2016.

Caravelis, Cyndy, Ted Chiricos, and William Bales. "Static And Dynamic Indicators Of Minority Threat
In Sentencing Outcomes: A Multi-Level Analysis." Journal Of Quantitative Criminology
27.4 (2011): 405-425. Sociological Collection. Ohio Link. Sinclair Library, Dayton, OH.
Web. 5 February 2016.

Carmichael, Jason T. "Punishing Juvenile Offenders As Adults: An Analysis Of The Social And
Political Determinants Of Juvenile Prison Admissions Across The United States." Sociological
Focus 44.2 (2011): 102-123. SocINDEX with Full Text. Web. 7 February 2016.

Fruitvale Station. Dir. Ryan Coogler. Perf. Michael B. Jordan, Melonie Diaz, and Octavia
Spencer. The Weinstein Company, 2013. Film.

Giddens, Anthony et al. Introduction to Sociology. 9th Edition. New York, New York: W. W.
Norton & Company, 1999. Print. 7 February 2016.

Glaskox, Mirranda. Personal Interview. 7 February 2016.

Jones, Erica. Personal Interview. 7 February 2016.

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Nicosia, Nancy, John M. MacDonald, and Jeremy Arkes. "Disparities In Criminal Court
Referrals To Drug Treatment And Prison For Minority Men." American Journal Of Public
Health 103.6 (2013): e77-e84. Food Science Source. Ohio Link. Sinclair Library, Dayton,
OH. Web. 5 February 2016.

Smith, Douglas et al. "The Myth of Social Class and Criminality: An Empirical Assessment of the
Empirical Evidence." American Sociological Review. American Sociological Review.Vol. 43(Oct,
1978): 644-656. JSTOR. Web. 6 February 2016.

Whisner, Mary. Race in the Criminal Justice System Gallagher Law Library. University of
Washington, 30 April 2015. Web. 7 February 2016.

Rosenthal, Andrew. "The Real Story of Race and Police Killings." The New York Times. 4 Sept.
2015. Web. 24 Feb. 2016.

Sloane, Amanda. "Key Witness Recounts Trayvon Martin's Final Phone Call."CNN. Cable News
Network, 27 June 2013. Web. 24 Feb. 2016.

Farbota, Kim. "Black Crime Rates: What Happens When Numbers Aren't Neutral." The
Huffington Post. TheHuffingtonPost.com, 19 Jan. 2016. Web. 24 Feb. 2016.

Swaine, Jon. "Ohio Walmart Video Reveals Moments before Officer Killed John Crawford." The
Guardian. Guardian News and Media, 25 Sept. 2014. Web. 24 Feb. 2016.

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Fantz, Ashley. "No Indictment in Tamir Rice Case." CNN. Cable News Network, 8 Dec. 2015.
Web. 24 Feb. 2016.

"Eric Garner's Death Ruled a Homicide." NBC New York. 1 Aug. 2014. Web. 24 Feb. 2016.