Racism in the light of criminology

If any two commodities, say sand and sugars weighing one kilogram each, are dictated to cost same amount, regardless of their utility, then be it. By this analogy, if the human race is taken as consisting of equals by law, then they should be valued equally without considering the race and color. It is only the standardization authority and the judicial system that implements these policies respectively. It is then illogical to purport to be fighting racism if the law in place is not to this effect. Ultimately therefore, the solution to an antiracism campaign lies in the law law that is colorblind in meting its decisions.

Equality The Solution lies in the Legal Order.
Resultants from the existing world order, very explicit laws have been put in place to ease inequality and racism. However these laws are mere documents of public relations. Look at the American justice system for example, it is assumed that all are treated equally, yet color is seen as a property in the judicial process. Though these racial acts emanate from history, why should there be legislation for the mere sake of it

The scale, scope and the extremes of negative consequence  both direct and collateral  for communities of color are new, especially for women, but the role of criminal justice in policing, prosecuting, imprisoning and executing people of color has deep historical roots. What is now new is the racist and classist economic and political agenda that is fundamental. The paradigm shift from essentialist to color blind and the practices of oppression are defined and renamed, but the resulting inequality remains much the same. The law and its attendant machinery were, and still are, enforcers of both white supremacy and capitalist interest.

It is indeed, down hearting to note that the law today seems to have been meant for the whites, the rich white to be precise. While present the policy outline in itself appears quite appealing, its mere old wine in a new wine skin.

The argument according to Harris (1993) that it was nature that was putting the blacks in this state was not well construed (p. 118). His argument that the courts were simply supporting this complicitly and explicitly shows the generally degraded black status. It is believed in America that for one to relive the dwindling economic status of a business, then white labor is the solution. Ultimately the implication here is that black labor however professionally similar to white labor, is cheap. Two issues come into play here, that blacks are underpaid in man-hours, and that they are second rate. Indeed it can only be through political struggle and radical civic education that the prevailing situation can be transformed to attain social justice.

Role of the Law in Attaining Social Justice
Ideally, every individual is not guilty until proven otherwise. However, looking at the American law, relative to the riots in Los Angeles, suspects were forced to stay in detention and were not given any a chance to get a counsel. Besides, the suspects were in some cases tried without enough evidence. Evidently the law did not take its place. To attain social justice, the intervention by the law is mandatory and inevitable. Essentially, while riots were not good for national peace and cohesion, individual justice should reign supreme. Ironically, while the justice systems ultimate goal was sustained tranquility, the way the detainees were treated increased pressure on the national security system.

Moreover the pressures of organizational maintenance in major riot situations were amplified by increased pressures for legitimation in these events, and thus for adherence to formal legal rationality. The very scale of the riots and the resulting public attention to the way rioters were handled by the courts increased, rather than decreased, the pressures to adhere to formal legal procedures once the immediate threat had.

Then, by this assertion, legality lacks in total. Besides, his assertion that the judge has discretion in deciding the bail level, I am of the feeling that, this discretion should be exercised in a non racist and non feminist manner.

Most importantly therefore, in attaining equality, law is the solution. Firstly, by the feminist and the racist theory, legislation should be put in place that will make the justice system itself non racist and non feminist. Those involved in the legal process should be of proven integrity. Secondly, by the critical race theory, we should openly demonize racism through our talking and conversing. This, the theory asserts, will lead to a better world. Besides, as much as possible we should try to make our interest as convergent, both black and white. Forthwith therefore, the details for the lives of the minority will form a good basis for strategizing on the nations civil rights. And as a wrap up, the colonial mastery believes should be pushed to the back of our mind. Legislation to this effect will achieve this challenging yet possible goal of equality.


Post a Comment