Questions and Answers
What happened to Erma Faye Stewart?
Refused to plead guilty, but had to stay in prison, so after a month pleaded guilty and was labeled a drug felon.
What happened to Clifford Ronalds?
He was arrested at an 18-year-old's funeral, charges dropped, but he is still considered a felon.
What evidence is there that blacks and Latinos are arrested for drugs more?
White student cocaine user rates are 7 times higher than blacks; crack use is 8 times higher; heroin use is 7 times higher.
What evidence is there that whites use and sell drugs more?
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What is implicit racism?
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What is explicit racism?
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What is step 1 involving the 4th Amendment?
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What is step 2 involving the 14th Amendment and McCleskey v Kemp?
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What happened to Edward Clary?
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What evidence is there of racially biased prosecutorial discretion?
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How has Obama changed sentencing?
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Study Notes
Criminal Justice Inequities
- Erma Faye Stewart refused to plead guilty but remained in prison for a month before accepting a plea deal, which labeled her as a drug felon.
- Clifford Runoalds was arrested at his friend's funeral, charges were dropped, yet he was still considered a felon.
Racial Disparities in Drug Arrests
- Black individuals are arrested for drug offenses at disproportionate rates despite lower usage: white students' cocaine use is seven times higher than that of black students.
- Crack cocaine usage rates among whites are eight times higher than among blacks, while heroin usage is seven times higher.
- White teens are statistically more likely to use (33%) and sell (33%) drugs than their black counterparts, and experience three times more emergency room visits.
Racism Definitions
- Implicit Racism: Hidden forms of racism that are not outwardly expressed.
- Explicit Racism: Direct and clear racist declarations or actions.
Legal Framework
- Fourth Amendment: Pretext stops are deemed "reasonable" as long as consent is provided by the individual stopped.
- Fourteenth Amendment: In McCleskey v. Kemp, a case can be dismissed regardless of overwhelming evidence if explicit discrimination is not proven.
Case Studies
- Edward Clary faced a 10-year prison sentence for possessing over 20 ounces of crack cocaine, highlighting punitive measures for drug offenses.
Racial Bias in Law Enforcement
- Racially biased discretionary practices by police predominantly target black communities, leading to significantly higher rates of searches for black drivers compared to white drivers.
Sentencing Reform
- The Fair Sentencing Act initiated by President Obama reformed sentencing laws by changing the crack-to-powder cocaine disparity from 100:1 to 18:1 and eliminated the mandatory five-year sentence for possession of small amounts of crack cocaine.
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Description
Explore the systemic inequities in the criminal justice system, particularly focusing on racial disparities in drug-related arrests and implications. This quiz delves into real-life cases and definitions of racism, highlighting the stark differences in treatment and perception between racial groups in legal contexts.