Criminal Justice and Racial Disparities

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?

White teens are 1/3 more likely to use and sell drugs; they also have 3 times more ER visits than blacks. Signup and view all the answers

What is implicit racism?

Hiding it. Signup and view all the answers

What is explicit racism?

Flat out saying it. Signup and view all the answers

What is step 1 involving the 4th Amendment?

Pretext stops considered 'reasonable' as long as consent is given. Signup and view all the answers

What is step 2 involving the 14th Amendment and McCleskey v Kemp?

The case is thrown out because, no matter how sweeping the evidence is, conscience discrimination (explicit) has not been exhibited. Signup and view all the answers

What happened to Edward Clary?

He was arrested for cocaine possession of more than 20 oz of crack and sentenced to 10 years in prison. Signup and view all the answers

What evidence is there of racially biased prosecutorial discretion?

Waged primarily on black communities, with black drivers being much more searched than minorities. Signup and view all the answers

How has Obama changed sentencing?

With the Fair Sentencing Act, Obama made the crack to powder cocaine ratio 18-1, and eliminated the 5-year sentencing for a small amount of crack/cocaine. Signup and view all the answers

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.

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.