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George Mason University *

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302

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Law

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Apr 3, 2024

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docx

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2

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Theme #1: Role of Systemic Factors and Historical Context Assertion: Racial disparities in the criminal justice system are deeply rooted in historical racist policies and systemic biases. a. The literature review by Development Services Group, Inc. highlights that racial and ethnic disparities in the juvenile justice system have persisted due to multifaceted causes, emphasizing the importance of historical context. Quotation: "The existence of racial and ethnic disparities in the U.S. juvenile justice system is a complex issue. Its causes are multifaceted, and methodologically rigorous studies linking interventions to systemwide decreases in these disparities are not available." b. Nembhard and Robin's article emphasizes the role of racist policies and practices in shaping the criminal legal system and how these factors have influenced the processing of cases at different decision points. Quotation: "Because of the biases ingrained in this system, people of color are more likely to be assessed as safety or flight risks and detained pretrial because they lack resources to pay fines, fees, and bail and because they are more likely than white people to have a criminal record." c. The essay by Wakefield discusses how the criminal legal system reflects, maintains, and creates inequality and argues that understanding the historical context is essential for reducing inequality. Quotation: "To the extent that these discussions can be transformed into meaningful public policy supported by large numbers of people, criminal justice reform has the potential to reduce inequality." Theme #2: Disparities in Legal Representation 2. Assertion: Public perceptions of court-appointed and privately-retained defense attorneys contribute to disparities in legal representation within the criminal justice system. a. The study by Henderson and Shteynberg highlights that the participants had more positive attitudes toward privately-retained attorneys compared to court-appointed attorneys, which may affect their access to legal representation. Quotation: "In this sample, 90.2% of participants agreed with the statement that privately-retained attorneys fight zealously for their clients, while only 52.1% agreed with the same statement in reference to court-appointed attorneys." Theme #3: Economic and Social Consequences 3. Assertion: Racial disparities within the criminal justice system have significant economic consequences and contribute to wealth inequality.
a. Weller, Amaning, and Vallas's article reveals the vast wealth disparities between Black and white families with incarcerated members, indicating how the criminal justice system influences economic disparities. Quotation: "In 2019, the median wealth of Black families with an incarcerated family member was $3,970, compared with $50,400 for white families with an incarcerated family member." b. The same article also highlights that these disparities extend to trouble paying bills, reflecting the racial biases in interactions with the criminal legal system. Quotation: "The data again reflect the systematic biases that Black and Hispanic households face in building financial security. The racial biases in interactions with the criminal legal system only serve to make a bad situation worse." Theme #4: Policy Measures and Initiatives 4. Assertion: Legislative measures and judicial task forces have been established to address racial disparities within the criminal justice system. a. Essex and Hartman's article mentions how states have created legislative studies and judicial task forces to investigate disparities, causes, and solutions within the criminal justice system. Quotation: "States are also taking a closer look at racial disparities within criminal justice systems by creating legislative studies or judicial task forces. These bodies examined disproportionalities in the criminal justice system, investigated possible causes and recommended solutions."
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