CRIMINAL LAW 3
Theinternal constraints on criminalizing conduct addressing the concernregarding racial discrimination in criminal law are genuine andvalid. First, the number of African American who are under control ofthe criminal justice system today has increased, and for instance,those who are in jail, on parole or probation. Similarly,discrimination that has been introduced in employment, education,housing, and voting rights is now legitimate against any personcategorized as a “felon,” yet several Americans thought thatthese measures were eradicated out by the then civil rights laws ofthe 1960s.
Nevertheless,the entire system of mass incarceration is making many people ofcolor than whites to be felons and racial discrimination continues tobe more powerful the way it was during the post-slavery era of JimCrow segregation. Hence, the same purposes that mass incarcerationuse to serve in the pre-civil war slavery remains the same today, andit targets the African Americans.Similarly, racial discriminationis defined by the “racial caste” whereby a particular racialgroup is confined and locked into an inferior position by customs andlaw. The end of slavery promoted racial discrimination in voting,employment, housing and education through the legal system.
Criminaljustice system has been manipulated, and it is functioning as a newsystem of racial control that targets African Americans through thewar on drugs. A more severe punishment was introduced for crackdistribution which was associated with blacks through the Anti-DrugAbuse Act of 1986 than powder cocaine linked to the whites. Moreover,civil penalties, including not able to get student loans and to livein public housing were included in the harsh prison sentence. Hence,this shows the extent to which internal constraints on criminalizingconduct address the issue of racial discrimination in criminal law.
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