Racial Prejudice in the Criminal Justice System

          In spite of all the progress that has been made during the last several decades in the area of race relations in the United States, a recent study suggests that many white Americans still hold negative views about blacks. 

          The Associated Press, in conjunction with Yahoo News and the Political Science Department at Stanford University, conducted a poll about racial prejudice among white Americans and its effect upon the (yet undecided) presidential contest between Barack Obama and John McCain.  Although the poll's findings were examined with an eye towards the upcoming election, some of its findings, if valid, would seem to have profound implications for the day-to-day workings of the American criminal justice system as well.

          Some of the poll's findings were that:

  • 40% of all white Americans hold at least a partially-negative view toward blacks;
  • When given a choice among several positive and negative adjectives that might describe black people, 20% of all whites said that the word "violent" strongly applied, 29% agreed with the adjective "complaining," 22% agreed with the word "boastful," 13% "lazy," and 11% "irresponsible;"
  • When asked about positive adjectives, white people were more likely to equivocate than to choose a positive adjective to describe blacks;
  • Among white Democrats, one-third picked a negative adjective to describe black people;
  • Although about 20% of independent voters described blacks as "smart" or "intelligent," more than one-third picked the adjective "complaining" and 24% described blacks as "violent."
  • Almost four in ten white independent voters agreed that blacks would be better off if they tried harder.
  • The survey also used images of black and white faces to measure prejudices that are so deeply ingrained that many whites may not realize they have them.  That particular test revealed that more than half of whites have more negative feelings towards black people than they do towards white people.

          During the past eighteen years that I have been a practicing criminal defense lawyer, I have represented many black people who have been charged with such violent crimes as battery, aggravated battery, assault, aggravated assault, manslaughter, and murder.  It is sobering indeed to think that some of the jurors in those cases believed that my clients were violent (and therefore guilty??) before they knew anything at all about either the particular client or the facts of his particular case.

          Also, given the fact that many of those who work in the criminal justice system are themselves white, one must wonder whether at least some white judges, some white prosecutors, and yes, even some white defense lawyers, hold racially-biased attitudes towards those black individuals who stand accused of committing crimes.

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Comments (3) Read through and enter the discussion with the form at the end
P. Dennie - December 14, 2008 8:06 PM

I commend you Sir, for attempting to address this problem. That is the open sore of our nation, what can we do to aide in the betterment of our nation, one might suggest,nothing .In order to change the views of so many that are bias against black people.We must attempt to at least go beyond just tolerance and attempt to understand the people behind the face of media frenzies associated with a certain socioeconomic group,that unfortunately make up a significant proportion of the criminal element in our country.we are charged with the responsibility to do what ever we can to aide in the proliferation of positive communities through education ,for both groups,national recognition of injustices perpetrated against visible minorities through profiling . in other words try to understand the fact and refrain from prejudgment or( prejudice). The root of the problem is the search for equality.. which I believe is well overdue.Become a part of the solution, or you are a part of the problem.

Constant Agony - August 28, 2009 12:47 AM

I would also like to commend you on this article. In fact, I would like to apologize to you because until I read this, I did not think it was even possible for any white person to even begin to understand what we as black people have to deal with when it comes to the justice system. The United States makes up only 5% of the world population...yet it has the world's largest prison system. What is even more tragic is that black men make up only 6% of America's population, but at present over 45% of America's prison population is black men. Tragedy has struck over 70% of the black families in America including myself. I only have 2 boys and both of them are serving severe sentences here in Florida for non-violent crimes. One of them stole a woman's car but because the woman said he pointed a gun at her, the judge gave him 25 years. He was only 20 years old and will be 45 years old when he gets out. He had a perfect past history with not even so much as a speeding ticket. My other son made the mistake of giving some of his money that he had worked for to a dope dealer so that that guy could buy more marijuana and give my son his money plus extra. My son did not know that the dope dealer was under investigation by the Feds. So when all the arrests were made months later, my son was not even involved but he was "added" to the conspiracy because someone lied and said he was so that they could get less time. He plead guilty but the judge gave him 18 years because of a past 6 month probation which was adjudication withheld for a marijuana blunt found in his girlfriend's purse when he was 19 years old. He was just 21 years old when the federal judge did this. He has been in prison for 2 years. He will be 39 years old when he gets out. I love America...but I fear my government because it will go to great extent to legally oppress black families. I cry every week because I know and experience the same pain that black women in slavery did as their masters would come and "snatched" their children away and sell them to others.

So again, as a black woman, I apologize for thinking that no white person gave a damn about what is happening here in America...because it is obvious to me that you are aware. Hopefully, your voice will be heard by other whites because as it stands right now most whites think that black men are MORE evil than white men and that's why there are MORE of them in prison than any other race. But it is not that more black men commit crimes, it is more black men get longer sentences and less probation than white men. I try to explain this to my white friends but they say that I am only complaining. So I don't even try any more.

Faith R. - October 28, 2009 3:41 PM

This was a great article! I found it doing research for a paper. I left this page pulled up while I went to court for a simple order of protection from an abusive boyfriend. Of course the judge I went before was prejudice, he made me feel like I was guilty of something. It just feels so good that someone not of my race recognizes the issue. Thank God for you! It is a shame that the article doesn't have more comments. You can't ignore what is in your face!

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