scholarly journals Mitigating Racial Inequity by Addressing Racism in the Criminal Justice System: A Behavior Analytic Approach

2021 ◽  
Author(s):  
Julia Rose ◽  
Cormac MacManus ◽  
Jacquelyn M. Macdonald ◽  
Diana Parry-Cruwys

Racial inequity in the United States’ criminal justice system is a long-standing problem that has recently garnered international attention. This paper frames the problem of racial inequity in a behavior analytic context and offers potential solutions based on existent research and behavior analytic principles. We draw a parallel between the analysis of racist behavior enabled by the definitions provided by Kendi in How to Be an Antiracist and the analysis of verbal behavior made possible by the terminology posited by Skinner in Verbal Behavior in order to highlight the pertinence of applying a behavior analytic approach to the problem of racial inequity upheld by racist behavior. Immediately actionable steps to address racism in the criminal justice system and beyond are offered on a cultural, organizational and individual level.

2020 ◽  
Vol 48 (1) ◽  
pp. 3-9
Author(s):  
Matthew W. Epperson ◽  
Amy Blank Wilson ◽  
Gina Fedock

This paper describes the concept of “Smart Decarceration” and introduces the special issue of Criminal Justice and Behavior entitled “Research to Advance Smart Decarceration Policies, Programs, and Interventions.” The concept of Smart Decarceration originated nearly a decade ago as the United States reached a tipping point in mass incarceration, and it focuses on three interrelated outcomes: substantially reducing the use of incarceration and other forms of punishment; reversing racial disparities and other inequities in the criminal justice system; and promoting safety and well-being, particularly for communities that have been most impacted by mass incarceration. Ultimately, Smart Decarceration efforts should prioritize reducing the overall footprint of the criminal justice system, while building capacity outside of the system to support safety, health, and well-being. Research plays a critical role in advancing Smart Decarceration, as new forms of knowledge and evidence must be developed to replace ineffective and unjust policies and practices associated with mass incarceration. The paper discusses approaches to research that move beyond typical criminal justice outcomes and focus on the multifaceted goals of Smart Decarceration. The six articles in this special issue are introduced, highlighting their foci across ecological levels and the breadth of the criminal justice continuum, centering populations most impacted by incarceration, and identifying practice and policy innovations.


Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
Jo-Mari Visser ◽  
Hennie Oosthuizen

In light of the 85.9% conviction rate reported by the National Prosecuting Authority for the year 2007/2008, one would expect crime in South Africa to be comparatively under control. However, with only 11% of all reported cases of murder resulting in convictions in this country, it becomes clear that crime is still a very real threat to the Constitutional freedom of its citizens. This article explores the problems encountered in the harvesting, processing and presentation of expert scientific evidence in our criminal courts. The court ruling in S v Van der Vyver 2008 JOL 21332 C is analysed and presents an interesting example of the erroneous use of science in the criminal justice system. A comparative study is undertaken to illustrate further the extent of the problems inherent in the use of science within the criminal justice system and probe possible solutions. The use of scientific evidence in the jurisdictions of England/Wales and the United States of America are used as a focus for the comparative studies.


Author(s):  
Andrew Valls

The criminal justice system in the United States both reflects racial inequality in the broader society and contributes to it. The overrepresentation of African Americans among those in prison is a result of both the conditions in poor black neighborhoods and racial bias in the criminal justice system. The American system of criminal justice today is excessively punitive, when compared to previous periods and to other countries, and its harsh treatment disproportionately harms African Americans. In addition, those released from prison face a number of obstacles to housing, employment, and other prerequisites of decent life, and the concentration of prisoners and ex-prisoners in black communities does much to perpetuate racial inequality.


Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.


Author(s):  
Mary Angela Bock

Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.


2018 ◽  
Vol 29 (4) ◽  
pp. 348-360 ◽  
Author(s):  
Adele N. Norris ◽  
Kalym Lipsey

The imprisonment rate in New Zealand ranks seventh among the Organisation for Economic Co-operation and Development (OECD). Yet the imprisonment of Indigenous people is on par with the United States, which has the world’s highest incarceration rate. Almost 70% of the prison population in New Zealand is comprised of people racialized as non-White. In 2016, the National Government proposed to spend $2.5 billion over a 5-year period to build new prisons (1,500 prison beds) to accommodate a growing prison population. This study assessed public attitudes toward the need for more prisons and the equity of treatment of individuals within the criminal justice system. Findings from a 2016 and 2017 quantitative survey of 5,000 respondents each year revealed that roughly half of the respondents believed the proposed spending for new prisons to be extremely to somewhat necessary. A large proportion of respondents also believed Māori and Pākehā, if convicted of the same crime, are treated similarly within the criminal justice system. New Zealand scholars have critiqued news media coverage of contentious sociopolitical issues, such as crime and prisons, for employing tactics that have worked to construct a morally and culturally deficit “Other” while normalizing whiteness, rendering it invisible and raceless. This article concludes that this process masks racial disparities of individuals located within the criminal justice system and preserves the ideal that prisons are a normal function of the social landscape.


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