Bias-Based Judicial Convictions in the Local Courts

Abstract

The research conducted in this study focuses on convictions of people of color, rooted in bias, taking place between the 1860s and the 1970s, particularly in the Southern region of the United States (below the Mason-Dixon line). This bias became institutional as a result of both the Mexican-American War and Civil War. American imperialism (commonly discussed as the concept of "Manifest Destiny") led to the Mexican-American, which in turn resulted in Native Mexicans gaining citizenship (Crawford et al., 1999). Thirteen years after this war, the United States Civil War began. In the latter year of the war the Emancipation Proclamation would be signed by Abraham Lincoln, declaring the slaves of the confederate states free. Amid the Reconstruction period, three amendments were added to the U.S. Constitution, in order to help assimilate formally enslaved individuals into society. A high rate of discrimination in 'the South' still existed during this time period. Jim Crow policies would be implemented throughout theses states, this would in turn result in systemic coercion, a subtle and pervasive pressure from the institutions (Abrams, 1981). Efforts to combat this racism-rooted legislation would be largely demonstrated through civil movements such as the Civil Right Movement (taking place mostly between 1954 and 1968) and various Mexican American rights movements (proximal to the time of the aforementioned movement). However, prior to theses movements (also during in slightly lower amounts), local Southern courts had excessive rates of Caucasian jurors and African-American convictions. Data from the Alvarez & Bachman, 1996 and Langan, 1985 provides that evidence for a lower rate of racial bias and discrimination in United States court systems in years following the limits of this research.

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Introduction: Systemic coercion (Abrams, 1981) shaped racial bias in courts, influencing jury composition and trial outcomes (legislative abuse). Examining 1860s–1970s history is key to to understanding racial bias in the legal system. Understanding its causes and persistence informs prevention and reform efforts. Methods & Research Questions: Primarily, peer reviewed articles, government documents, and data pertaining to rates of conviction/imprisonment based on race were analyzed. Various questions were explored, the most integral of which were: How did racial bias develop in the United States? In what particular ways has the justice system been impacted by biases? To what extent does this still apply today? Discussion: (Johnson et al., 2017) When looking at one of the southern states being analysed, South Carolina, we can see that the five cities (Barnwell, Charleston, Greensville, Spartanburg, York) have the highest convection rates, with all of the convictions being Juvenile African-Americans. The cities of Charleston, Greensville, Spartanburg, and York had rapid growth periods between the 1860s and 1970s, while Barnwell remained a smaller rural town. The geographical conditions of the cities, along with political policies of the time, led to higher race biases. Conclusions: Legislative precedents, such as the Jim Crow laws further institutionalized systemic racism. Sentences reexamined showed more severity for people of color, favoritism existed for caucasians, and juror misrepresentation was highly prominent. Analyzing current standing of bias-based judicial convictions in local courts, instituted reforms (or will be implemented), and convictions at a federal level are important to broaden the scope of this research. References and Acknowledgments: QR code. College of Arts and Science LEADS Institute.

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