Crime and Criminology:Justice and Minority Groups - Essay Example

Crime and Criminology: Justice and Minority Groups Essay 1: Introduction Ethnic diversity can significantly enhance societies and it has been observed that multi-ethnic states are characteristically defined by dynamic communities which contribute towards the development of the societies they inhabit. However, on the other hand, it is also observed that such states are relatively fragile and vulnerable, particularly with regard to internal turmoil; caused by wide scale differences in language, religion as well as cultural backgrounds and hence may fall prey to open hostility between various ethnic groups. Such differences in composition of the population are often the driving forces behind occurrences of racially motivated violence and even societies with long histories of ethnic tolerance are not devoid of such vulnerability. Need reference(s) in this paragraph to support and give weight to these statements. (Tyler, 2000, Pp. 117 – 121). Thus, the onus of maintaining law and order in such an ethnically diverse group of communities lies on the governing bodies as well as the effectiveness of the criminal justice system. The minority groups are often the victims of racial violence and hence must be the basis of an impartial criminal justice system. The criminal justice system in UK, (Ministry of Justice, Pp.7, 1.5) as well as in all parts of the world, is based on the principle that all citizens be treated with equality by law and that all individuals irrespective of their class, gender or ethnicity be allowed equal access to justice. Need a reference to support this statement. (Wilson, Muncie, Pp.81) However, contrary to this principle is the fact that members of the minority groups are often perceived as suspects, and perpetrators of crime and hence are victims of racial abuse. Reference? (Hawkins, 2003, Pp.167) The brutal murder of a black teenager Stephen Lawrence, in south east London, by a group of five white youths, on April 22, 1993 is undeniably the case of a murder motivated by institutional racism. This needs to be referenced (Hawkins, 2003, Pp. 155). Despite the presence of eye witnesses who volunteered information about the attackers, none of them was ever convicted. This essay seeks to explore the issue of crime and criminology and its impact on criminal justice with regard to minority groups as studied against the occurrences mentioned in the Macpherson Report (1999). The Stephen Lawrence Murder: Brief Background Stephen Lawrence – a black teenager, was with his friend Duwayne Brooks on the afternoon of April 22, 1993, wrong year, shown as 1993 above…? the day when he was physically assaulted. Lawrence and Brooks were on their way home and were waiting at the bus stop in Well Hall Road when he was spotted by a group of five white youths who approached him and stabbed him several times and left him bleeding for death. This gruesome incident was witnessed by three eye witnesses who happened to be at the bus stop who later on described the attack as unexpected and short. However, despite the presence of eye witnesses no one was convicted for the crime and this incident was described in the Macpherson report as “the hallmark of a joint enterprise” (Stephen Lawrence Inquiry, para 1.5). This reference is wholly insufficient, this is a direct quote and needs referencing to the chapter and para number from where this quote came The fact that that the perpetrators of such a ghastly crime were allowed to go scot free has been perceived as an unpleasant misadventure and a mockery of justice and an authentication of the omnipresent racism within the law enforcement as well as criminal justice systems in the country. Has been perceived by whom? Need a reference here. A commission which was established to investigate the case concluded that the inquiry into the Lawrence murder case was mismanaged since the very beginning (Macpherson 1999, Chapter 46, Para 46.6). Need a chapter and para number here The report further stated that: “There is no doubt that there were fundamental errors. The investigation was marred by a combination of professional incompetence, institutional racism and a failure of leadership by senior officers” (Macpherson, 1999, Chapter 46, Para 46.1) What chapter is this in? The above statement was based on the fact that the police who arrived at the scene of the crime hardly made any credible effort to track, or chase the offenders and displayed a total lack of respect towards the victim’s parents, by withholding vital information about the case, to which they were legally entitled (Mcpherson Report 1999, Chapter 46, Para 46.7). Furthermore, over and above the lack-luster response by the police towards the case, they also made inaccurate and baseless assumptions stating that Lawrence was in fact, involved in a street scuffle, suggesting thereby that he was not merely a victim of an unwarranted racist attack. Also, the police scrutiny of the suspects was badly arranged and executed in a manner that displayed a “lack of urgency”. This could be observed from the manner in which the suspects’ residences were searched. Despite substantial evidences that pointed towards the likely location of the murder weapon, the houses were not properly scanned (Mcpherson Report, Chapter 46, Para 46.18). Besides, those in the senior ranks also failed to correct the mistakes done by their subordinates, thus displaying total lack of interest in pursuing the case. Irregularities were reported through out the investigation as well as the ensuing examinations of the case, on the part of the police who withheld crucial information concerning the case, defended one another and declined to accept any accountability for their mistakes (Mcpherson Report 1999, para 11.36, 11.42, 11.44). There is a total lack of referencing in this paragraph to support any of the claims Finally, after consistent attempts to pursue the case and the determination displayed by the victim’s parents, when three of the five suspects were brought to trial, the case caved in for want of evidence, as the evidence presented by the eye witnesses was adjudged inadmissible by the court of law (Giddens, Griffiths, 2006, Pp. 194). Is this p. 194 as per your reference list? On account such flawed investigation and a total lack of professionalism displayed by senior officers pursuing the case, Jack Straw, who was then Home Secretary launched a comprehensive investigation into the case in 1997. The findings of the investigation were published in the Macpherson report in 1999, indisputably and unanimously mentioned as a case full of fundamental errors. The findings clearly mentioned that the case was a result of total lack of professionalism, institutional racism and the collapse of senior leadership in the criminal justice system (Hall, Savage, 2009, Pp. 127). Page 127? In your reference list you only refer to Savage; on the line above, the word Hall appears after a page number credited to the Giddens & Griggiths ref??? One of the key highlights of the case though, was the charge of institutional racism. The report stated that the investigation into the murder and the fate of the case was a result of a combined failure of the metropolitan police, as well as the criminal justice system – i.e., both the institutions which are entrusted with the responsibility of maintaining law and order and works on the principle of fair trial, equality and justice. The lack of professional ethics and failure to perform their moral duties was on account of a certain bias held by the investigators towards the people belonging to a certain ethnicity and is evident in the manner in which the case was pursued, key witnesses ignored, the unsuspecting chauvinism, lack of knowledge, contemplation and above all racial stereotyping of the members of the minority community (Giddens 2006, Pp. 494). Chapter and Para numbers? The report concluded that it is mandatory for every institution to scrutinize their policies and the effects of their policies to ascertain that all sections of the population, irrespective of their class, religion or ethnicity be treated with equality. A total of seventy recommendations were put forward in the report aimed at enhancing the manner in which racially motivated crimes are policed, including suggestions to offer race awareness training to police officers, establishing understandable definitions of racist incidents, and a pledge to increase the number of members belonging to the minority communities in the police force (Mcpherson Report 1999, Chapter 47, Para 1 - 70). Chapter and Para numbers? Theoretical Concepts Racial threat theory: Theories based on criminology often result from remarkable developments in the society as a whole. For instance, over the past couple of decades, incidents involving blacks such as increase in arrest as well as incarceration have increased significantly thereby fuelling debates and renewed interest in the theories based on race and crime. (Einstadter, Henry, 2006, Pp. 111 - 112) Evidence of this ? Need a reference here. The racial threat theory was first developed to depict the response of the white population to the growing social, economic and political power of the members of the minority communities, particularly blacks and the extent of control applied by the criminal justice system on the minority groups. Developed by whom? Need a reference here. The racial threat theory has been extensively used by criminologists to illustrate the application of power against the blacks and the unequal representation of the minority groups on death row, and state laws that seek to deprive those who have been convicted of a serious crime. Need a reference here. This theory is based on the theory that an increase in the size / population of a minority group within a society is perceived as a threat by the members of the majority community, to their position and status in the society and hence they resort to racism as a rejoinder to diminish competition. Such theory / assumption has been supported by various studies which have studied the relationship between rise in crime and the rise in concentration of minority groups and the funding of local police departments on account of increase in arrests for minorities in the area. Thus the researchers have concluded that the members of the majority groups are more likely to implement social control against the members of the minority communities (Gaines, Miller, 2008). Page numbers as per entry in reference list? Institutional Racism The term institutional racism was coined by Stokely Carmichael and Charles Hamilton in 1967, and has been widely used since then, by various groups including the civil rights activists, politicians, researchers as well as academicians alike. They define the term as: "active and pervasive operation of anti-black attitudes and practices. It permeates the society, on both the individual and the institutional level, covertly and overtly (Kleg, 1993). Page number as per entry in reference list? The term has been defined in the Macpherson report as: “The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people” (Macpherson Report, 1999). Chapter and Para numbers? Impact of the case on practice in criminal justice The various recommendations put forward in the Macpherson report, influenced the establishment of new legislations which identified a range of racially motivated offences which now attract relative higher penalties and stricter action as compared to the previous law. The new legislation is applicable to various offences such as criminal damage – including racist graffiti, vandalism of burial grounds, and other similar violent acts; racist verbal abuse, etc. The new amendments were made, taking into consideration protection and equality of rights and justice to the members of the minority community. It eventually triggered off a series of arrests by police officers of minority or ethnic groups who were accused of racially motivated acts of violence against the whites, which was contrary to what was proposed by the Macpherson report, thus completely reversing the changes rendering the efforts as futile. Although the report did manage to accomplish a positive outcome in the form of establishment of the Race Relations (Amendment) Act 2000, which extends far beyond the existing legislation and places a constitutional obligation on the police and other similar public sector institutions to enforce policies and measures designed to control intuitional racism and eliminate prejudiced behavior towards the members of the minority groups. There is a total lack of referencing in this paragraph to support any of the claims, especially that text underlined Conclusion Ten years on, institutional racism continues to impair policing of black and other minority ethnic groups. In a study conducted by the London School of Economics Mannheim Centre for Criminology (LSE, 2009) Incomplete referencing, Need a proper reference for this study, LSE weren’t the authors, it was Foster, Newburn and Souhami, was the whole report viewed? Need page or para numbers to access this reference “significant” and “positive” changes in policing were observed which included a substantial improvement in the police response to racially motivated crimes, conducting murder investigations, mediating with local communities and eliminating the use of racial language within the service. However, according to criminologists the above mentioned developments were largely restricted to transformations which were most visibly identifiable and attainable, which indicates that the concept of institutional racism still remains to be completely understood by the police. Need a reference here. Also, the study which pointed at successful elimination of racist language among staff, was reported by the minority staff to be largely superficial. Although discussions involving minority communities have improved significantly, continued difficulties regarding the perception of the police staff which stemmed from their previous failures has stained their reputation and acts as a setback. Furthermore, unsuitable and unprofessional attitudes of the individual officers together with the poor quality service delivered by them is largely perceived as racist by the minority groups which gives them the feeling of being discriminated. Thus, for the police staff as well as the criminal justice system to emerge from their past failures to render equal justice and afford fair and indiscriminate treatment to the members of the minority community, continued efforts on the part of all the stakeholders concerned is required. This is in the best interest of the well being of the society as a whole, especially in a multi ethnic community, where diversity reigns supreme. There is a total lack of referencing in this paragraph to support any of the claims. The Macpherson report brought into light the existence of racism within the police departments as well as within the criminal justice system as a whole. The wide scale coverage of the issue as well as the various recommendations put forward in the report led to establishment of new laws and amendments, which sought to protect the minority groups from being victimized on the basis of their race and ensure equal justice to all citizens. The report not only exposed the lackluster attitudes of the police in dealing with crimes involving racial minorities and the apparent incompetence of the Metropolitan Police involved in the investigation, but also led to the formation of two new terms: “institutional racism” and “unwitting racism” (Macpherson Report 1999, Chapter 6, Para 6.13), which are somewhat complicated to interpret and distinguish. The report helped in identifying the urgent need to revive the quality of police service, provide equitable justice to the victims of crimes and punish the offenders. Assessing the impact of the Macpherson Report, a report published by the House of Commons Home Affairs Committee, stated that all the witnesses of the case acknowledged considerable progress within the police service, in terms of handling racial prejudice and discrimination. Also, of the 70 recommendations made in the report, 67 were successfully implemented (Home Affairs Committee Report, Pp. 4). This report indicates the need for establishing and encouraging better race relations and awareness regarding cultural diversity in a multi ethnic society. The report also states that there are various areas wherein the police service continues to "fail ethnic minorities" (House of Commons Report, Pp.6) suggesting thereby that there is a need for citizens in UK as well as people living in culturally diverse states, to accept and understand their responsibility in assessing their behavior, perception and prejudices they hold against people of diverse religious / cultural or ethnic backgrounds and seek to establish a community that harbors peaceful co-existence. Reference List: Gaines, L. K., Miller, R. L., (2008). Criminal Justice in Action, (5th ed?) – Yes CENGAGE Learning, U.S., Pp. 53 – 55 Is this online learning, for instance an e-book? Or is it an actual book in print? If it’s online the reference needs a link to the webpage. I don’t understand this reference, is it a book or just an e-book? It is a book, I accessed from the public library, Is it American? Yes Who are Cengage Learning? The Publishers Where are they? In the U.S. Giddens, A., Griffiths, S., (2006). Sociology, Cambridge: Polity Publishers, Where are the publishers? Town/Country? This needs to be in a Harvard APA ReferencePp. 494 Hall, Has this name Hall been left off the reference below??? In your comment r7 above you have listed the publishers of this book as Wileys, which is correct? Also, you have not answered the question about the name Hall appearing after Pp. 494??? Savage, S. P., (2009). Policing and the Legacy of Lawrence, Willan Publishing, Pp. 127 See above. But also, again, the location of publisher needs to be included. Should this be Hall & Savage? What is the answer to location of publisher? Kleg, M., (1993). Hate, Prejudice, and Racism. SUNY Press, Pp. 163 This is an online service from State University of New York, this needs a link to the webpage from where this (presumably) e-book was taken… This question has not been answered…what is the weblink here? LSE (2009). Assessing the Impact of the Stephen Lawrence Inquiry, [online] viewed: November 18, 2009 from: http://www2.lse.ac.uk/ERD/pressAndInformationOffice/newsAndEvents/archives/2005/Stephen_LawrenceReport.aspx This reference is incorrect. The report has specific authors, LSE are not the authors and if the report has not been accessed in full then the above weblink is incorrect To be deleted, text removed??? Macpherson, Sir William (1999) Stephen Lawrence Inquiry, Report of an Inquiry by Sir William of Cluny, CM 4262-1. London: HMSO. The Stephen Lawrence Inquiry, Report of an Inquiry by Sir William Macpherson of Cluny, February 1999, [online] viewed: November 18, 2009 from: http://www.archive.official-documents.co.uk/document/cm42/4262/4262.htm These are not two separate references at all, the HMSO report is from the weblink given in the reference above ??? Savage, S. P., (2009). Policing and the Legacy of Lawrence, Willan Publishing, Pp. 127 Where are the publishers? Town/Country? This needs to be in a Harvard APA Reference You have this reference in twice, again, is it supposed to be Hall & Savage? Read More