race and the cj system

competing paradigms of race

social construct v genetic/biological attribute

the difference between us thesis

there is more intra than inter group genetic variation thus race isnt a genetic or biological reality it is just a social construct

the reality of race by dr. brian boutwell

• morder orthodoxy - race is primarily a social construct

  • points out there are some genetic variations which correlate with race that’s why it is possible to identify ancestry through DNA analysis

  • racial categories aren’t arbitrary

• the argument that racial categories are fictitious and entirely socially constructed is factually inaccurate

“homegrown” minorities

• historical trauma or intergenerational trauma

  • cumulative psychological damage that specific groups of people suffer through multiple generations

  • becomes a shared group experience that helps to define the group and its role in society

  • preliminary research suggests trauma can alter the expression of genes which could potentially impact offspring (epigenetics)

  • leaves a legacy of structural, economics and social disadvantage

“homegrown” minorities: indigenous ppl

• displacement/forced migration to undesirable reservations

• genocide, some intentional, some not (no immunity to european diseases)

• boarding schools (abduction of young)

• between late 1800s to early 1900s, NA pop went down from 12 mil to 250k

• NA populations still remain less than half of what they once were

“homegrown” minorities: african americans

• forcibily kidnapped, transported and forced into slavery. even after emancipation, jim crow laws and other legal, social, and economic barriers kept african americans in a disadvantaged position

• brown v board of education ended segregation in public schools (1954)

• civil rights act of 1964 ended discrimination in public accommodations

• however, most indicators still suggest continuing disadvantage despite efforts at redress like affirmative action

disproportionate minority involvement theories

• positivist explanations - root causes

• rational choice

• systematic explanations

racism

doctrine or teaching, without scientific support that

1) claims to find racial differences in things like character and intelligence

2) racism asserts the superiority of one race over another or all others

seeks to maintain racial dominance through a complex system of beliefs, behaviors, use of language and policies

racism at law

slavery: ended in 1865 with the ratification of the 13th amendment

jim crow laws: state and local laws quickly enacted after reconstruction which enforced segregation and operated to the economic, social, and political disadvantage of african americans

disproprotionay minority confinement: minorities are disproportionately represented at every stage of the cj process from arrest to incarceration

traditional legal approach to ending racism

mandate color blindness - require equal treatment for all

critical race theory

most critical race scholars acknowledge that the law formally bans racism in many contexts and most educated people now think racism is wrong but they ask “how does racism persist despite its nearly universal condemnation by state policy and by the norms of polite society”

critical race theorists take the position that racism is ordinary and normal in contemporary american society and is integral to social practices and institutions

white privilege defintions

• a right, advantage, or immunity granted to or enjoyed by white persons beyond the common advantage of all others; an exemption in many particular cases from certain burdens or liabilites

• an invislbe package or knapsack of learned assets

• white privilege denotes both obvious and less obvious passive advantages that white people may not recognize they have which distinguishes it from overt bias or prejudice

• a privileged social position; the possession of an advantage white persons enjoy over non white persons

• the racist idea that simply being white benefits people in some unexplainable/intangible way and that discriminating against white people is not only okay, but enlightened and necessary

unveiling white logic in criminological research

• most criminological research shows no or only modest race effects despite obvious disproportionality and a “near obsession” with race and crime

• many critical race scholars argue that existing research fails to reveal the true impact of race (racism exists, our research is just flawed)

african american families

• strong extended kinship are believed to be more common among african-americans

• more often female headed (matriarchal)

• do not assume and default to dealing only with moms when there is an issue with a youth or in the family

vernacular english

different dialect, but not inferior

african linguistic roots, evolved during slavery era and during period of forced segregation

verbal expressiveness and emotionalism

ebonics vernacular style emphasizes emotional response (being “real”) being outwardly and loudly emotional is desirable. in some cases verbal threats might just be a means of expressing intense emotion and not a precursor to an actual physical attack