The bias ingrained in our criminal justice system

June 08, 2013

The bias ingrained in our criminal justice system

Article provided by Jaime J. Garcia Attorney at Law
Visit us at http://www.jaimegarcialaw.com

You probably do not want to think that the criminal justice system is tainted or biased, but new evidence suggests that this may be true. New federal data reports that African Americans were almost four times as likely to be detained on marijuana charges as whites, despite drug use at similar rates between the two groups. However, this is just an average. In some states, the likelihood is eight times as much as whites. The report is scheduled to be released by the American Civil Liberties Union (ACLU) in the week of June 3, 2013.

The new data was collected from police records and documents from the District of Columbia and all states. It reviews marijuana arrests by county and race. The research comes during a time when public sentiments regarding marijuana have been relaxed. In fact, a number of states legalized its use in some capacity. Specifically, 13 states have passed or broadened laws decriminalizing the use of the drug, and approximately 18 states currently permit use in the medicinal capacity. Even so, the New York Times reports that 50 percent of drug arrests in 2011 were related to marijuana. Moreover, 2010 pulled in similar numbers.

In addition, the expenses associated with drug enforcement have gone up in the last 10 years. The New York Times notes that states spent around $3.6 billion in marijuana law enforcement in 2010. This was a significant jump in costs from just one decade ago. Ironically, however, arrests for many other crimes have declined during this same period.

So, why is there such a large arresting disparity among races? The ACLU attributes part of the problem to the Edward Byrne Justice Assistance Grant Program. Specifically, the program incentivizes increasing the number of drug arrests by tying the outcome to funding. To keep arrest numbers high, some law enforcement members focus in on lower-income areas, where some minority groups are prevalent.

Nevertheless, the ACLU found a bias everywhere in the United States. It did not depend on the number of minorities in the particular county. This means, regardless of where you live, the disproportionate practice could be in motion. With time, hopefully researchers can get closer to the root of the issue. In a country that is becoming more excepting of marijuana, one would expect that law enforcement practices would eventually echo sentiments -- equally among races.

If you are confronting drug charges for marijuana use, you may benefit speaking to lawyer about your case. Do not let the biases in our system effect your criminal justice matter.