Systemic Discrimination

1. Is systemic discrimination a serious problem in the criminal justice system?

– At this point in our history, is this even a subject for honest debate?

2. Select one of the three policy choice examples above. Evaluate the policy by answering each of the following questions about that policy:

– What problem is the policy designed to address? Does it address the problem? Why or why not?
– Who might support the policy? Who might oppose it? Why?
– What benefits might come from the policy?
– What costs might result from the policy?
– Does this policy have the potential to systematically increase or decrease discrimination?
– What other policies might address the problem? Are they better? Why?

Here are links provided:

https://www.city-journal.org/html/criminal-justice-system-racist-13078.html
https://time.com/5851855/systemic-racism-america/
https://www.asanet.org/wp-content/uploads/savvy/images/press/docs/pdf/ASARaceCrime.pdf
https://www.asanet.org/wp-content/uploads/savvy/images/press/docs/pdf/ASARaceCrime.pdf
https://www.crf-usa.org/brown-v-board-50th-anniversary/the-color-of-justice.html

Policy Choice Examples:

I. Arrests

Policy: Police should collect data on the race and release records of every person they arrest.
Pros: This will enable departments to track officers who arrest minorities without sufficient cause.
Cons: Police have too much paperwork already and the statistics collected will be meaningless.

II. Plea Bargaining

Policy: Plea bargaining should be abolished.
Pros: It will do away with an informal process subject to abuse because the courts do not review it. It will ensure that all defendants have their day in court.
Cons: Doing away with plea bargaining will clog the courts with cases awaiting trial, resulting in increased court costs.

III. Sentencing

Policy: Federal law should not make first-time drug offenders face mandatory sentences. Judges should be allowed more discretion in sentencing these drug offenders.
Pros: Mandatory-minimum sentences cause first-time offenders, mostly minorities, to go into an already overcrowded prison system.
Cons: Mandatory-minimum sentences are needed to show we are serious in our war on drugs.