I. The Nature of Criminal Law

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Slide 1
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
I. Racism, Discrimination and the CJS
Lesson Objectives
A. Define and examine the discrimination thesis
B. Analyze the idea of systematic racism
C. Understanding racism in CJS – zero tolerance
D. Classify racial disparities into legal factors and
extralegal factors
E. Comprehend reasons for racial disparity.
Differentiate individual vs institutional racism.
Slide 2
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
I. Racism, Discrimination and the CJS
A. Discrimination Thesis
1)
Many socio-economically disadvantaged people
and minority citizens believe that the Criminal
Justice System is racist.
B. Systematic Racism
1)
System-wide racism existing in all parts of the
Criminal Justice System including the Police,
Courts and Corrections and in all stages of the
criminal justice process.
Slide 3
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
I. Racism, Discrimination and the CJS
Understanding Racism in CJS
1.
A consensus exists among policy makers,
academics and criminal justice administrators.
There should be zero tolerance for racism in the
Criminal Justice System.
2.
The majority of scholars believe there is a
substantial body of evidence proving racial bias
is inherent in the practices and policies of the
criminal justice system and the juvenile justice
system.
Slide 4
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
I. Racism, Discrimination and the CJS
A. Racism
1)
The belief that members of other races are inferior.
Prejudice toward other races. Racial superiority.
B. Discrimination
1)
Unfair treatment of a person or group usually
because of prejudice about race, ethnicity, age,
religion, gender or sexual orientation or preference.
C. Bias
1)
An unfair preference for or a dislike of something.
Slide 5
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
I. Racism, Discrimination and the CJS
A.
The U.S. is a multi-racial, multi-ethnic society.
Major ethnic categories in American society include:
1)
White/Caucasian
2)
African –American
3)
Hispanic
4)
Asian
Slide 6
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
I. Racism, Discrimination and the CJS
A. The United States has a diverse religious
society. Major religions in American
society include:
1)
Christian – Catholic, Protestant, Baptist,
Lutheran, Methodist, Mormon, Jehovah Witness
2)
Jewish – Orthodox, Hassidic,
3)
Muslim – Shiite, Sunni, Kurd
4)
Atheist or Agnostic
5)
Other – Buddhist, Hindu, Christian Scientologist
Slide 7
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
A. Racial Disparity - A difference which may or
may not be related to discrimination, consisting of
legal factors and extralegal factors.
1)
Legal Factors
a)
Seriousness of the offense
b)
Prior criminal record
2)
Extralegal Factors
a)
Race, class or gender
b)
Not legitimate factors to base decisions on. These
relate to group membership not criminal behavior.
Slide 8
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
I. Racism, Discrimination and the CJS
A. Types of Racial Disparity
1)
Occurs when significant differences are found in
the ratio of minority representation in the general
population vs the minority ratio found in the CJS.
2)
Significantly larger percentage of racial minorities
vs caucasians are found in a part of the CJS.
Slide 9
BHS Law Related Education Program
Criminal Justice
Lesson 4: Racism, Discrimination and the CJS
A. Reasons for Racial Disparity
1)
Differential involvement in criminality
a)
African-Americans and Hispanics commit more crime.
b)
These groups suffer from poverty and unemployment.
2)
Bigotry of individuals – Individual Racism
a)
Discriminatory behavior of police officers, prosecutors,
attorneys, judges, probation/parole officers/boards.
3.
Institutional Racism – A Biased System
a)
Unequal impact of statutes, classifications, practices
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