Police Brutality towards Racial Groups in the U.S Criminal Justice System
Criminological theory
Dollar (2014) maintains that race is a noteworthy facet in the creation of the United States social organization and continues to shape relations and types of state control sanctions practices. Social scientists adopted the use critical perspectives and approaches in examining, describing and dissecting racial related outcomes. The understanding of police brutality towards racial groups is best informed by the racial threat theory; one of the most acceptable and widely explained criminological theory (Dollar, 2014). It posits that racial discrimination is fueled by the fact that the majority groups such as the white people in the United States used their disproportionate power to influence and effect state control over minority groups based on the race. Moreover, in the face of a swelling minority population, the majority resort to the use of rigorous, forceful, and discriminatory practices; all aimed at protecting the existing power and privileges. This theory acknowledges three forms of threats; the economic, political, and symbolic threats all of which encourage majority groups to support sanctions that enhance social control of practices over the minority in order maintain their hegemonic power (Dollar, 2014).
The use of excessive force against African Americans, Latinos, immigrants, and other minority racial groups is associated with the White Americans response to perceived threats (Brunson, 2007; Steinberg, 2016). Numerous investigations by different social scientists indicate that the percentage of resident African Americans in a certain suburban area is a reliable predictor of the number of law enforcers that are employed at that particular are notwithstanding the stability of property and brutal crime rates (Knott, 2015). Ideally, the majority, who in this case are the white Americans, utilize the police force (in excess) to keep minority groups in check and protect themselves from any threats that come as a result of the minorities, which is in line with the postulation of the Racial Threat Theory by Blalock (Dollar, 2014).
Factors Contributing to Police Brutality towards Racial Groups
Brunson (2007) argues that the rise of excessive use of force by police continues to hit news headlines day by day in spite of strong condemnation and criticism from human rights activists. As Steinberg (2016) denotes, one of the factors that contribute to police brutality towards minority groups is the unfair targeting of minorities. It is not surprising that the public face of a victim of excessive force by police is always a young African American or Latino (Brunson, 2007). Moreover, the “Stop and frisk” policy that was effected in the city of Florida has been seen to aim at African Americans with 99,980 stops being conducted between 2008 and 2014 with no single arrest in a city with approximately a population of 120,000 people (Kristian, 2016). Nonetheless, one man was stopped 258 times in a period of 4 years, and got handcuffed on 62 occasions for trespassing while on duty because of his race; African American. The fact that minority groups are a soft target for police brutality and injustice is undisputable (Kristian, 2016).
Other factors that contribute to police brutality against racial groups are minimal consequences for misconduct and violation of minority groups’ rights. The police deployed in areas dominated by African Americans are increasingly militarized with the use of highly armed SWAT teams, cases of misconduct and brutality against minorities is remarkably widespread, and the standards for what viciousness is vary widely(Brunson, 2007; Stewart et al., 2009). These factors are supported by the theory of racial threats because they tend to be significantly relevant when it comes to minority groups. The unfair targeting of African Americans, minimal consequences for those who mishandle minorities and widespread misconduct specific to minority groups is not only a way of deleting economic, political and symbolic threats by the majority who control the criminal justice system but also a way of safeguarding their dominance and positions in the sphere (Knott, 2015; Steinberg, 2016).
Impacts on the Criminal justice system
Police brutality against racial groups in the United States impacts the criminal justice system in so many ways. The law enforcement branch of the system has particularly suffered defamation and public dissentient because it is the greatest player in the vice that continues to tear the society apart (Knott, 2015). Police departments have lost their trust on the face of citizens, especially the minority groups. This is evident in cities where there is a high proportion of perceived minorities and the police force size. The underlying dissatisfaction, mistrust, anger and conflict between law enforcers and citizens is the reason why militarization of the police is being witnessed simply because the criminal justice system is fast becoming an abuse friendly environment(Dollar, 2014).
The adjudication branch of the criminal justice system or courts on the hand have found themselves at crossroads about the swelling number of cases on police brutality and their credibility. Between 2002 and 2004, there were 10,000 complaints that were filled against the Chicago police department where only 19 of the cases resulted into disciplinary actions being taken (Dollar, 2014). This has led to loss of faith in the capacity of courts to fairly fight police brutality against minority groups thus lowering how they are perceived. Furthermore, most cases of police brutality that are referred for federal prosecution are scrapped of by prosecutors because of credibility issues (Steinberg, 2016). The corrections branch continues to receive people who have been unfairly judged and sentenced notwithstanding complains of brutality based on their race. It is not surprising that most inmates come from the minority groups with history of police brutality and misconduct. The corrections branch according to Knott (2015) has had to put up with growing lack of confidence in its capacity to reform and rehabilitate people as most people are released tend to repeat on even escalate their crime rates, thanks to unfairness and racial discrimination.
Key Stakeholders and Impacts on the General Public
Police brutality against racial groups in the United States is a big problem that majorly affects Native Americans, African Americans, and Latinos (Stewart et al., 2009). Even though the impacts and consequences on the general public are lesser than on the actual victim, the damages and perception created is hard to fix(Dollar, 2014;Knott, 2015). Populations composed of these minority groups in the United States are always wary of the police and law enforcers in general. The public fanned by media houses is likely to sensationalize a case of police brutality where race appears to be a factor. The key players who can also be considered as stakeholders in this never-ending problem are the police officers who are the perpetrators and the minority groups who are usually the victims (Steinberg, 2016; Stewart et al., 2009).
Police brutality based on the race on its own is a regrettable and unendurable aspect of police power that can be reduced if not totally eradicated by relevant stakeholders. Racially inspired police brutality can be best addressed and solved through collective responsibility where both stakeholders should be willing to engage and find solutions (Knott, 2015). Police departments should effectively educate and train police officers against brutality since they are the greatest players. Human right groups and the general; public are also important if the war against police brutality is to be won (Dollar, 2014). Through campaigning against racism, dysfunctional criminal justice system and crime, these groups and the public will go a long way in making sure that police brutality is reduced from both sides of the divide.
Strategies Employed To Address Racially Based Police Brutality
In an effort to curb racially based police brutality in the United States, the United states Department of Justice (DOJ) has been on the forefront in enforcing laws and strategies that seek to protect vulnerable groups (Kristian, 2016). This includes the Federal Civil Enforcement under which there is a police misconduct provision and Title VI of the civil rights act of 1964 (Kristian, 2016). The police misconduct provision holds that it is out of the provisions of the law for a state or local officer charged with the responsibility of enforcing the law to engage in any practice that limits the rights of any person protected in the constitution of the United States (Knott, 2015). This includes disproportionate use of force, discriminatory pestering, and unlawful stops among other acts. On the other hand, Title VI of the civil rights act of 1964 prohibit discrimination based on the race, color, origin, religion and sex by local or state law enforcement agencies(Knott, 2015). Additionally, there is an increased use of specialized prosecutors in cases that deal with police misconduct and training of state and local enforcement officers involved in federal duties.
Effectiveness of the Strategies Employed To Address Police Brutality
The strategies and laws enforced to realize reforms in the criminal justice system although checkered with many challenges, continue to bear fruits and results. The center of the raging debate about racially based police brutality is the conversation about lack of equality and fairness in the criminal justice system (Stewart et al., 2009). For the case of the police misconduct provision, the effectiveness in fighting police brutality has been crippled by the fact that victims of misconduct do not get monetary relief but rather an injunctive relief (Knott, 2015). There is totally no confidential right of action and this makes law enforcement agencies to continue violating citizens’ rights since the consequences are not dire. On the other hand, Title VI of the civil rights act of 1964 provides for a private right of action where victims can sue law enforcers. However, the procedures in administrative remedies and DOJ slow down the effectiveness of the law. Training law enforcers has been seen as minimally productive since the enforcement agencies do not have control over the amount of knowledge, expertise and ethics the officers get and whether they reproduce them in the field when dealing with the people (Brunson, 2007). Special prosecutors in police brutality cases effectiveness depends on the effectiveness of the criminal justice system which in itself has proved handicapped in the war against racism and police brutality.
Impacts of Strategies on Branches of the Criminal Justice System
Finally, most of the strategies and attempts to eradicate police brutality target the law enforcement and courts, which are two major branches of the criminal justice system (Stewart et al., 2009). The least affected by almost all strategies is the corrections branch. These strategies amongst others endeavor to strengthen and enhance the effectiveness of the courts to prosecute and discourage police brutality amongst racial groups in the United States (Dollar, 2014). Additionally, they seek to discourage police officers who are part of the law enforcement branch from perpetuating brutality, barbarism and cruelty not only among vulnerable racial groups, but also all citizens.
References
Brunson, R. K. (2007). Police do not like black people: African‐american young men’s accumulated police experiences. Criminology & Public Policy, 6(1), 71-101.
Dollar, C. B. (2014). Racial threat theory: Assessing the evidence, requesting redesign. Journal of Criminology, 2014, 1-7.
Knott, V. (2015). Reconsidering the Use of the Grand Jury: Eliminating Prosecutorial Discretion to Indict Law Enforcement Officers. T. Jefferson L. Rev., 38, 202.
Kristian, B. (2016). Seven Reasons Police Brutality Is Systematic, Not Anecdotal. The American Conservative.
Steinberg, R. G. (2016). Police Power and the Scaring of America: A Personal Journey. Yale Law & Policy Review, 34(1), 4.
Stewart, E. A., Baumer, E. P., Brunson, R. K., & Simons, R. L. (2009). Neighborhood racial context and perceptions of police‐based racial discrimination among black youth. Criminology, 47(3), 847-887.
