Essay
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Word count 3600
Introduction
The chosen topic for this essay is “racial disparities in the criminal justice system of England and Wales- the experience of black British men”. There will be the use of relevant academic literature from diverse sources to analyse the results on the disparities present in the present day in society. Case studies and statistics will be used to present evidence on the disparities around black British men in the Criminal justice system. Some vital points will be included from Lammy's review, Penelope Gibb's, and Rob Reiner's work on police discretion. The purpose of this study is to discuss the racial discrimination present in society, especially within the criminal justice system against black British men.
Methodology
This essay has been done with the positivism research philosophy. Research philosophies are divided into four types such as positivism, interpretive, pragmatism and realism. in pragmatism, the philosophy researcher focuses on using mixed data and pragmatically implementing them. Realism philosophy is based on completely subject matters and interpretivism is highly focussed on collecting and using small samples and then interpreting them in projects. The positivism research philosophy is effective in establishing structured data with a large sample and measuring both quantitative and qualitative data. As a philosophy of research positivism focuses on establishing factual knowledge through gained data and depth of observation. It is based on quantifiable observations that help studies to carry out an empiricist view of given topics (Research-methodology, 2022). This philosophy is highly suitable for relating to the researchers' views and requirements and enriches studies with an abundance of information. However, it highly focuses on creating establishing a range of positive thoughts and preceptors. Still, this philosophy has helped this essay to be complete with effective and useful data regarding racial inequalities in the UK that causes criminal activities and different aspects of legal justice.
For completing this essay deductive research approach has been used that has enriched the content with an abundance of relevant data and facts. The research approach is divided into three categories such as deductive, inductive and adductive (Research-methodology, 2022). In adductive research, only known facts and premises are used. The inductive approach is based on untested conclusions and often generalise contents from specifics. In his process, data collection has been used to explore the phenomena of racial disparities and criminal justice in England. A deductive approach is based on factual premises or knowledge that helps studies to come to a factual conclusion. This approach includes the process of collecting ad interpreting information by using theory then hypothesis, observation and confirming or rejecting gained facts (Research-methodology, 2022). It is highly structured and a formulating process of completing studies with modifying theories. However, it includes the risk of consuming a long time to collect and interpret information. Still, it has supported the study with vast abundance f sources and factual formation of information interpretation.
For completing this essay secondary research has been conducted by gathering information from scholarly articles, journals and websites about racial disparities and criminal activities, justice in the UK. Secondary research helps to complete projects and assignments cost-effectively and it helps to collect a variety range of information from different sources. This data collection process comes with the benefit of saving time and expenses of conducting costly research yet helps to collect relevant and useful information. It provides a range of longitude analyses of collected data and enriches studies with meaningful content. However, this data collection process includes the risk of misinterpretation or manipulative presentation of existing information due to any negative influence or lack of core knowledge to data interpretation. Still, it highly enriches content with relevant sources and information mostly.
This essay has been completed with a descriptive research design. Research design helps studies to be completed with selected data collection methods, the process of right interpretation and effective findings. Descriptive research helps present data or information with a detailed structure aiming at looking into the depth of topics and issues (Research-methodology, 2022). It focuses on describing several variables and practical usage of experiments. Through the use of descriptive design, information regarding criminal justice and racial disparities are interpreted in detail. However, descriptive research is time-consuming as it focuses on detailed descriptions of information. It often fails to identify the causes behind describing phenomena. Still, it has been an effective method of designing the study with close association with the given topic and finding out relevant data about racial disparities and criminal justice in the UK.
Discussion
According to Irwin-Rogers (2018), about nine in every ten thousand Black young individuals were in the custody in 2015-2016 compared to one in every ten thousand white people. Similar instances have been taken specifically to 'stop' and 'search'. Black individuals have more than four times probability of being stopped and searched in London in contrast to white people. The authors have put forward the opinions from different sources behind the racism of police officers against Black members of the community. It is said that unconscious bias against race develops discriminatory practices and the person feels hesitation to believe that they are racist. It is thus trickier to determine and address than conscious bias. However, there is mounting evidence of unconscious bias both at a societal and individual level.
The authors have discussed that the level of stop and search is four times greater for the black community for drug offences in comparison to white individuals. They are also suspected of possessing weapons more than ten times than them. The police label and target supposed gang members. The implications of this occur on victims as it is stated that policing tactics of charging Black people with offence left them with feelings of humiliates, stigmatisation or violation. The stigmatisation increases the likelihood of BAME young people being drawn towards CJS that compounds the racial differences in sentencing. This article focuses on stop and search issues targets at BAME community identifying bias as one of the critical factors.
Shiner et al. (2018) have presented information on how black people were fallen victim to stop and search around eight times more than the white people were in 2016-2017. It happened for drug-related issues and was around nine times higher than it happened for white groups. In London, the level of stop and search is soaring, as a large number of minority and black population are residents in the capital city. The rate of stop and search in boroughs with high inequality and deprivation levels are diversified as people from minority and black groups live in large numbers in such areas. Based on London data, it is stated that white individuals are subjected to low rates of stop and search in prosperous or wealthy boroughs. Black people however experience a high level of intervention that is constant with racial profiling as it posits that they are singled out because of suspicion. Related to arrests or out of court disposals specific ethnic discrimination, it is stated that Black groups are highly likely to be detained due to stop and search than white Groups.
However, they are less likely to be provided out of court disposal, which infers that black groups are highly likely to face prosecution. Additionally, on the street fines are received greater by black people than white people, which does not need admission of guilt. Based on the information regarding sentencing decisions causing injustice, it is observed that black individuals are more likely to be indicted for possessing cannabis rather than the supply of class A or B items. However, the case is the opposite for white groups. The discrepancy in sentencing decisions lies in the fact that black people account for a quarter of convicted offenders for possessing cannabis although they consist of fewer than 4% of the population. They were sentenced to custody for crimes related to drugs around 9.1 times higher than white people yet provided suspended sentences around 5.6 times of the white group. The authors have effectively discussed the injustice of presenting self-report surveys in BAME people who tend to utilise drugs at a limited rate than the whiter group. This is stated that this is partially due to broader lifestyle disparity in the level of consumption of alcohol, culturally different orientation to intoxication, and influence of religion.
As per a study, it is examined that stop and search or custody records at three police forces discriminatory practices are evident (Robertson and Wainwright, 2020). In England, in the youth justice system inequity against racial minorities is common. For instance, dual ethnicity criminals or suspects were likely to face prosecution than white people are. Moreover, there is a high chance that they are getting fewer warnings or reprimanding opportunities. The black people were highly likely to be remanded in custody in comparison to the white defendants. At sentencing, teenagers from dual ethnicity were highly likely to be given community sentences instead of a less serious penalty of first-tier including fines and referral orders. It is investigated in the research; the defendants as recorded by police officers were more likely to be from the BAME community. They are more likely to be sent to prisons than people are from the white background in Wales and England. It is also researched that harsher sentencing is practised for BAME individuals.
Evidence shows that criminals from the BAME community receive lengthier custodial sentences that are partly because of the fact that there is a greater rate of not guilty plea from the ethnic individuals. As per a survey, it is found that BAME backgrounds account for 23% of arrested people, 21% of convicted people and 27% of imprisoned people. As per the Crown Court trials that occurred in 2019, around 37% of defendants from the BAME community pleaded not at fault in comparison to 27% of White defendants. The group was overrepresented in prosecutions for drug offences (39%), robbery (39%), and possessing weapons (31%). Even 37% of the defendants from ethnic minority groups pleaded non-guilty in Crown Court in comparison to 27% of White offenders.
According to Bowcott and Dodd (2017), young black individuals have nine times higher chances to be locked up than white individuals have in England and Wales. It is also put forward that around 14% of the population are ethnic minority individuals. They represent 6% in prison and police service, 7% in the judiciary, 19% in Crown Prosecution Service, and 11% among magistrates. More information can be taken from Yasin and Sturge (2020) who stated that black individuals are four times likely in Britain than white individuals to be imprisoned. They are three times highly likely to be detained than the White group. The black young men were around 60% highly likely to be presented to Crown Court than white young men were for trial. They were around 12% more likely to get custodial sentences than white men were at Crown Court. BAME group was 20% highly likely to be remanded than white men are in custody. In contrast to this, Prison Reform Trust (2022) has presented information on the fact that Black men have 26% more chances to be remanded in custody than white men are with a 60% likelihood of pleading not guilty.
Among Black adult men, there are 8.4 times higher chances to be detained for burglary when compared to white individuals (Uhrig, 2016). They have a 3.7 times higher likelihood to be detained than white men are for sexual offences. In the matter of drug offences, they were 1.4 times highly likely than white individuals to get a custodial verdict. The arrest rate for crimes related to drugs, black men are 5.4 times more likely than white men are. Black men are 4 times highly likely than white men are to be kept in greater security in prison for offences related to public order. It is 1.9 times higher for theft, 1.8 times for possessing weapons, and 1.6 times more for violent acts.
Some important factors related to the topic of the issue can be discussed from different sources.
According to Rob Reiner, policies are racist and authoritarian. They perform brutal and discriminatory practices. To a greater extent, the structural source of police practices and attitudes is opposing to democratic principles that lie in inevitable and constant features of policing instead of organisational variable ones (Reiner, 2017). Policing deals with the safeguarding of orders but the system has two faces. One is general that is universe attainment and protection of social cooperation and coordination. Another one is particular that is the reproduction of inequality of privilege and power that consists of complex communities. It is asserted that policies are concerned with class repression and parking tickets. In police culture, discrimination can be prevented by reformed policies. It is supposed that foundational injustice and discrimination in society can be tackled in policing. Recently the inequalities are aggravated by neoliberals. It has worsened the pressures causing uneven policing, impairing the implicating of policies to restrain gender, race, and other discrimination and unequal policing.
According to Gibb (2021), research is conducted on English and Welsh to generate outcomes on whether the young people from BAME communities get different outcomes for offences. It is found that disproportionate results are observed in different scenarios. Black and mixed ethnicity children were likely to be remanded in custody and subjected to restrictions on their bail. Black young people were less likely to get a first-tier court sentence and it is likeable that they get an imprisonment sentence. Furthermore, Asian, Black, and mixed ethnicity children were least likely to be diverted from prosecution with the utilisation of the court disposal system. Statistics are presented on the inequity in the criminal justice system stating that in the year 2019, black children had four times higher chances to be arrested in comparison to white children. In this report, Gibbs presented that Black children have high chances of creating serious harm and reoffending. They are also considered less safe in the community. As per the practitioner’s assessments, decisions related to remand and legal outcomes are made. Differences in assessment of risk and vulnerability reflect bias in society and judgement that considers differently wellbeing of diverse children.
Penelope Gibbs of Transform Justice has considered the rising findings of the Lammy review on institutional racism within the CJS. It is stated that institutional racism is the amalgamated failure of an entity in providing professional and appropriate service to an individual for the culture, colour or ethnicity. It is detected in the attitudes, behaviour, and processes that give rise to discriminatory practices by unwitting prejudice, thoughtlessness, and ignorance besides racist stereotyping that creates a disadvantage for minority people of different ethnicities. Evidence is provided on Metropolitan Police as instanced from 1999 when it was accused of racism. Since then, there is an emphasis on the way police deals with ethnic minority individuals especially use of search and stop. Based on the research, Lammy has noted that around 51% of ethnic minority individuals in Wales and England ponder about the criminal justice system. It is considered discriminatory in practices against specific individuals or groups in comparison to about 35% of white people. Another example is taken from the statistics that show there is a decline in the number of imprisoned children. However, there is a rise in the imprisonment of BAME children to 4% from 25% since 2005.
According to Gov.uk (2017), Lammy review presented an independent review for treatment and results on Asian, Black, and Minority ethnic people in the system of criminal justice. It is found that defendants from minority and the Black community are highly likely to be imprisoned for specific forms of crimes. For every 100 men from the white background of those convicted for sexual offences at Magistrates Court around 208 black men get custodial sentences (Gov.uk, 2016). They have 56% more chances to be tried at Crown Court and 16% get the likelihood of being remanded in custody. Moreover, around 52% of them are more likely to plead not guilty at Crown Court. Almost five times higher security is imposed for BAME males for offences. Based on the survey, 51% of them said that the system of criminal justice discriminates against specific groups.
The Lammy Review (2017) has put forward that based on the analysis of 2014-2015 information; the arrest rate was higher for ethnic groups, particularly for black men that were three times more than when compared to the white individuals. The review presented the major principles in response to the discrimination in the presentation of BAME prisoners. It is stated that there should be a vigorous system to ensure reasonable treatment in different parts of the criminal justice system (Quinn et al., 2021). It brings forth the importance of decision making in an open manner that is exposed to scrutiny. Trust is essential as many BAME defendants pleaded not guilty thus reducing the chances to decrease the sentences by a third. The culture of ‘us’ and ‘them’ thus is suggested to be removed by maintaining diversity in the criminal justice system representatives from governors to prison officers, judiciary, and magistrates. There should be an analysis of the responsibility. There is importance if statutory services however the system must practice more with the local community to hold criminals accountable and demand their responsibility for their lives. The youth justice system as stated for example can work with the local community by making hearings in the local neighbourhood or using non-traditional buildings like community centres or libraries. The concerted approach is supposed to enforce increased attention of adults in criminal hierarchies. Even Modern slavery legislation can be used for holding adults accountable for exploiting youth.
According to Mahoney and Chowdhury (2021), the Lammy Review suggested criminal justice to explain the differences in the experience and outcomes across varied ethnicities. Otherwise, it should address the criminal justice system practices to attain equitable results. The authors have inferred the Lammy review to discuss the inequality in criminal justice with the aim to reduce reoffending. Although there have not been many instances of the review in this article, the authors have been effective in making recommendations based on the issues. Suggestions are based on addressing the systemic discrimination and bias and using interventions or barriers to engagement. Additionally, the family’s role in offering support and community engagement has been highlighted. It is finally thought upon that holistic support would be beneficial to reduce the differences in numbers in reoffending.
Even Irwin-Rogers (2018) has discussed that the Lammy Review discussed racial inequity in the criminal justice system (CJS). This review is limited in the inclusion of policing although there are discussions on the police gang matrices, stop, and search policies. There is neglection towards interactive implications of varied forms of racism in different stages of the process of criminal justice.
Shiner et al. (2018) moreover discussed the Lammy review that was commissioned by Prime Ministers with the purpose of recommending for enhancement in the fulfilling of aim directed towards lessening the proposition of minority and black ethnic criminals in the system. It was declared as a response to the mounting sense of urgency in political lines to determine solutions to the inequality. The reference terms emphasised court and prosecutorial systems, secure institutions like prison and rehabilitation in the community. It is stated by the authors that police decisions are related to the determination of prosecution and knock-on effects. The arrest rate is higher across ethnic minority people when compared to white groups. The policing in the review are asserted for affecting the perception of people towards the criminal justice system. There is grievance over tactics of policing specifically the difference in the application of stop and search. This drains the system within the BAME community.
The authors highlighted some key aspects of the Lammy Review presenting how this review instead of decoding the purpose behind the bias, focus on outcomes and treatment. The best measure for fair treatment is based on decision-making scrutiny (Skinns et al., 2020). It encourages people to check biases and correct them by proper identification. Based on suggestions of Lammy’s, explanation and reform should be practised consistently. If it is found that, the criminal justice partners are not providing evidence-based discussion on apparent discrimination then reforms can be introduced for addressing the same.
The Review as per the authors moreover highlights how the CJS rewards people who admit to offending crimes when charged (Peay and Player, 2018). Many out of court disposals are transparent for acceptors of guilt. This arrangement, however, works against BAME defendants, as there is a low likelihood that they would choose for guilty plea although it increases the risk of court and lengthier punishments. The reluctance towards admitting offence is because of limited trust in the system and out of court disposals (Helm et al., 2022). This in turn increases the possibility of being given a cannabis warning or caution. However, there is less chance of being given a penalty notice for a disorder that increases the possibility that the police officers would make an arrest or charge.
The options for officers are limited by feedback loops. While cannabis warnings are issued for a first offence, cautions discourage repeat offenders. In the over-policed community, selective enforcement happens that includes stop-searchers targeted towards familiar criminals in specific crime hotspots.
Conclusion
A conclusion can be made from the presented study on the racial difference in CJS of England and Wales by highlighting the discrimination or injustice faced by Black British people. By using key academic literary materials, including the Lammy Review, the key issues are discussed. Revenant statistics and evidence is provided from the chosen materials that represent how the disparity in CJS is present in society. Important materials are taken from Rob Reiner's Penelope Gibbs and other sources on the selected topic. They assist in a better understanding of the prevalence of the problems in CJS towards ethnic minorities or black people.
Reference List
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