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Law & Morality 3600:327: Group 4

Group 4 Bibliography

Is the Criminal Justice System Racist?

Alfieri, Anthony V. "Race Prosecutors, Race Defenders." Georgetown Law Journal 89.7 (2001): 2227.
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Examines the nature and meaning of racial identity, the sound and substance of racialized narrative and the form and ethical content of race-neutral representation for both prosecutors and defense lawyers in the criminal justice system of the United States. Information on the status of prosecutors and defenders in race cases; Details on the prosecution of racial violence; Conclusion.

Bosworth, Mary. "Race and Punishment." Punishment & Society 2.1 : 114-8.
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; Focuses on race discrimination in the United States criminal justice system. Relationship between race and punishment; Singularity of African-American women's experiences of the criminal justice system; Ideologies of race and modernity.

Hayles, Robert. "Racial Equality in the American Naval Justice System: An Analysis of Incarceration Differentials." Ethnic & Racial Studies 4.1 (1981): 44.
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The article explores the race issue in terms of one aspect of the military criminal justice system, the confinement of enlisted men in the U.S. Navy and Marine Corps, as of January 1, 1981. As an institution, the military has undergone monumental change, from an atmosphere in which segregation and racism were systematic and planned, to one where equality is a stated objective. One major rough spot that has been cited by critics is the criminal justice system. This article assesses the extent to which such charges are justified with respect to incarcerations of Blacks and Whites by examining relative rates of confinement in the military and making comparisons with the conditions in a civilian setting. Blacks have served alongside Whites in the U.S. Navy for the past two hundred years. As the Navy became more mechanized and ships became larger and technologically more complex, Blacks became less welcome as perhaps fewer possessed the requisite technical preparation. Discrimination, racism or backlash reactions to previous high levels of Black participation are also possible contributory factors.

Johnson, Devon. "Crime Salience, Perceived Racial Bias, and Blacks' Punitive Attitudes." Journal of Ethnicity in Criminal Justice 4.4 (2006): 1-18.
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When it comes to criminal justice policy, black Americans face an important dilemma. On the one hand, black communities benefit from criminal penalties that remove offenders from their neighborhoods; on the other, punitive policies draw many blacks into a criminal justice system they view as racially discriminatory. Using data from the 2001 Race, Crime, and Public Opinion study, this paper examines how the competing concerns of crime salience and perceived racial bias in the criminal justice system affect blacks' support for harsh criminal justice policies. The effects of causal attributions for crime, political ideology, exposure to incarceration, and demographic factors are also addressed. The results indicate that fear of crime and individualistic attributions for criminal behavior have a significant and positive effect on their punitive attitudes, while perceived racial bias and vicarious exposure to incarceration decrease blacks' support for harsh punishments ABSTRACT FROM AUTHOR]; Copyright of Journal of Ethnicity in Criminal Justice is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Johnson, Jerry G. "Violence in Prison Systems: An African American Tragedy." Journal of Human Behavior in the Social Environment 4.2 (2001): 105.
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This article speaks to several dimensions of the correctional enterprise and discusses violence from the perspective of an administrator who has viewed the criminal justice system "up close and personal." The author argues that the system is in a perilous quagmire and many problems that affect blacks and minorities are structurally rooted. These include: (1) violence against black males in the criminal justice system, (2) sentencing for drug use, (3) mistreatment of blacks, violence in prison systems, and (4) the news media, to name a few. Suggestions are offered on how to humanize the criminal justice system which has been labeled by countries throughout the world as "America the Violent." ABSTRACT FROM PUBLISHER]; Copyright of Journal of Human Behavior in the Social Environment is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Lynch, Rufus Sylvester, and Jacquelyn Mitchell. "Justice System Advocacy: A must for NASW and the Social Work Community." Social work 40.1 (1995): 9-12.
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The article examines the racism in the criminal justice system in the U.S. Most of the U.S. witnessed the uncontrolled violence and reckless disregard for human life and safety perpetrated during the incident by the police, societal agents with the responsibility to protect and defend the public. Although the eyes of U.S. were focused on the riots, it soon became apparent that the looting was not about Rodney G. King or police brutality. It was about justice and equality and the deep feeling that America cares nothing about people of color, especially those who are poor. Among the responsibilities imposed on the social worker by the National Association of Social Workers "Code of Ethics" are the promotion of the general welfare and social justice and the prevention and elimination of discrimination. Social workers have endeavored to empower those who are subjected to a judicial system that does not consistently and specifically recognize the equality of all persons and assumes that all persons should be judged by one standard-that of the "reasonable adult male.".

Middlemass, Keesha. "America at the Crossroads." Souls: A Critical Journal of Black Politics, Culture & Society 8.2 (2006): 1.
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The issue of race permeates the social policies in America, and this is clearly evident with an examination of the criminal justice system. Race is the focal point of policies that regulate and maintain the prisonindustrial complex and the collateral consequences of a felony conviction that follow imprisonment. ABSTRACT FROM AUTHOR]; Copyright of Souls: A Critical Journal of Black Politics, Culture & Society is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Murakawa, Naomi, and Katherine Beckett. "The Penology of Racial Innocence: The Erasure of Racism in the Study and Practice of Punishment Murakawa & Beckett the Penology of Racial Innocence." Law & Society Review 44.3 (2010): 695-730.
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In post-civil rights America, the ascendance of 'law-and-order' politics and 'postracial' ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is innocent of racial power until proven otherwise. Countervailing sociolegal changes render this framework particularly problematic. On the one hand, the definition of racism has contracted in antidiscrimination law and in many social scientific studies of criminal justice, so that racism is defined narrowly as intentional and causally discrete harm. On the other hand, criminal justice institutions have expanded to affect historically unprecedented numbers of people of color, with penal policies broadening in ways that render the identification of racial intent and causation especially difficult. Analyses employing the penology of racial innocence examine the ever-expanding criminal justice system with limited definitions of racism, ultimately contributing to the erasure of racial power. Both racism and criminal justice operate in systemic and serpentine ways; our conceptual tools and methods, therefore, need to be equally systemic and capacious. ABSTRACT FROM AUTHOR]; Copyright of Law & Society Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Myers Jr., Samuel L. "Race and Punishment: Directions for Economic Research." American Economic Review 74.2 : 288-92.
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; The scholarly debate over the nature and cause of the significant racial disparities in prison incarceration rates in the U.S. has taken on renewed intensity in recent years. Two sorts of activities have spurred the debate. On one hand, researchers such as Alfred Blumstein, Jan Chaiken and Marcia Chaiken, and Joan Petersilia have begun to use powerful analytic and conceptual tools to scrutinize the hypothesis that racism or racial discrimination exists in the criminal justice system, or that it is the cause of the racial disproportionality of our prisons. On the other hand, minority scholars and public opinion leaders have begun a very visible and vocal attack on the results of the conventional social science community. These activities have stimulated much discussion among public policymakers and legislators. Ranking black members of the U.S. Congress, for example, have gone on record by questioning social science research findings that purport to show that racial discrimination in certain aspects of the criminal justice system does not exist-or, at least, that its alleged existence is not a cause of the greater representation of African-Americans in the prisons or the criminal population.

Nolan, Thomas J. "Racism in the Criminal Justice System: Problems and Suggestions." Harvard Journal of Law & Public Policy 20.2 (1997): 417.
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Discusses racism in the criminal justice system of the United States. Evidence that racism lingers in the justice system; Lack of equality in the definition of crime; Need to repeal the discriminatory sentencing guidelines for crack and powder cocaine.

---. "Racism in the Criminal Justice System: Problems and Suggestions." Harvard Journal of Law & Public Policy 20.2 (1997): 417.
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Discusses racism in the criminal justice system of the United States. Evidence that racism lingers in the justice system; Lack of equality in the definition of crime; Need to repeal the discriminatory sentencing guidelines for crack and powder cocaine.

Rose, William. "Crimes of Color: Risk, Profiling, and the Contemporary Racialization of Social Control." International Journal of Politics, Culture & Society 16.2 (2002): 179.
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In the United States the phenomenon of racial profiling has emerged as an important and controversial issue within political and criminal justice policy debates. For the most part, these debates have assumed a sort of racism at work in order to explain law enforcement's use of criminal profiles largely determined by racial classifications. Accordingly, many have worked to expose this allegedly racist behavior in the hopes that such exposure will bring an end to the practice. This essay argues that racial profiling is embedded in much larger social developments that must be explored in order to understand the role race now plays in the maintenance of social order in contemporary American society. ABSTRACT FROM AUTHOR]; Copyright of International Journal of Politics, Culture & Society is the property of Springer Science & Business Media B.V. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Tonry, Michael. "The Social, Psychological, and Political Causes of Racial Disparities in the American Criminal Justice System." Crime & Justice 39 (2010): 273.
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Imprisonment rates for black Americans have long been five to seven times higher than those for whites. The immediate causes are well known: high levels of black imprisonment resulting in part from higher black than white arrest rates for violent crime and vastly higher black drug arrest rates. Drug arrest disparities result from police decisions to concentrate attention on drugs blacks sell and places where they sell them. Prison disparities are aggravated by laws prescribing sentences of unprecedented severity for offenses for which blacks are disproportionately arrested. Those practices and policies were shaped by distinctive sociological, psychological, and political features of American race relations. Work on the psychology of American race relations shows that many white Americans resent efforts made to help black Americans overcome the legacy of racism; that stereotypes of black criminality support whites' attitudes toward drug and crime control policy; and that statistical discrimination, colorism, Afro-American feature bias, and implicit bias cause black offenders to be treated especially severely. Sociological work on racial stratification shows that whites support policies that maintain traditional racial hierarchies. Contemporary drug and crime control policies are components of the Republican Southern Strategy, shaped by and exacerbating those phenomena, to use crime as a "wedge issue" to appeal to whites' racial anxieties and resentments. ABSTRACT FROM AUTHOR]; Copyright of Crime & Justice is the property of University of Chicago Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

White, Renee T. "The Economy of Race and Racism." Black Scholar 25.4 (1995): 49.
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Examines racial issues which affect Afro-Americans in the United States. Discussions on O.J Simpson trial and its outcome; Focus on racism in America's criminal justice system; Negative portrayal as the cause of low morale amongst black race; Farrakhan's views on racism; Steps towards self development.