Land of the "Free"

By: Nia S-Greenwood September 18, 2018 10:43 am

Racial disparities in the criminal justice system have been a prominent issue in today’s society. If you are a minority, you may know someone who is currently or was previously incarcerated. Police practices and executive policy decisions has increased the incarceration rate of African-American offenders by sentencing them differently and more severely than whites.


The Criminal “Justice” System

Racial disparities in the criminal justice system are a prominent issue in today’s society. If you are a person of color, you may know someone who is currently or was previously incarcerated. Police practices and executive policy decisions has increased the incarceration rate of African-American offenders by sentencing them differently, and more severely than whites.

The Truth Behind It All

David Rudovsky INTERVIew

I interviewed David Rudovsky, a Civil Rights and Criminal Defense Attorney. He teaches Criminal Law and Constitutional Criminal Procedure and Evidence at University of Penn Law School. I asked him many questions about his experiences with racial bias in the justice system and how it affects the conviction of minorities.

Have you seen racial disparities in sentencing throughout the U.S.? If so, has it improved or worsened? I have handled cases involving racial bias, e.g., stop and frisk practices in Philadelphia, where we have found that over 80% of those stopped and frisked are minorities, in a City that is about 55% minority population. And the non racial factors I mentioned do not explain these disparities.

What is the most prominent race that you have found yourself defending? What are the usual outcomes of their sentencing? Most defendants in Philadelphia are African Americans, but there is no "usual" outcome of sentencing. Every case is different.

Looking at some of the unfair trials of police brutality and misconduct, do you see a flaw in the criminal justice system? How can this be fixed? Or can it? There are major flaws in the system. The courts can address some of them (but rarely do). It will take a significant change in our culture, politics and legal system to eradicate racism from our criminal justice system.

Take A Stand!

There are very large racial disparities in sentencing in the US, though that by itself does not prove racial bias. For example, the disparities might be explained by differing crime patterns among races, police deployment, and social conditions. With respect to some crimes the evidence is overwhelming that the disparities are due to racial bias (e.g. drug arrests and prosecutions and sentencing. See Michelle Alexander, The New Jim Crow. And the situation worsened during the war on drugs, 1980 to the present.


Have you had any personal experiences with unfair court judgement due to prejudice or racial profiling?

If you are interested in joining the community to put an end to mass incarceration and racial bias in criminal convictions, visit this website to learn ways you can join in the fight. Take action and sign the pledge!

Ending the School to Prison Pipeline