I. Introduction
The issue of criminal behavior and race has been discussed incessantly in the literature. The diversity of human existence has triggered conflict on different classes and different ethnic groups. Moreover, there is also the emerging notion that crime relating to race has been considerably indicative of the overrepresentation of minorities in a particular society. In this category, the operational use of the term “representation” will be based on the presence of minorities in reported crimes. Thus, the use of the term “overrepresentation” indicates the ceaseless presence of minorities on criminal cases. The position of this paper provides that minorities are forced by the factors in their environment to engage in acts that considered criminal by the prevailing society.
II. Overrepresentation of Minorities
The reason why minorities often find themselves in situations considered criminal by modern society implies a considerable problem in the context of “legitimacy and compliance.” (Wortley, 1996, p. 460) There is a reason why laws and regulations exist; this is to ensure that order is preserved in societies. There is also a reason why people tend to follow these laws; it is because they think that is “proper to do so.” (Wortley, 1996, p. 460) On one side, the compliance to these laws basically serves as a “deterrent” such that people does what the law indicates so as to avert any form of punishment. (Ristoph, 2005, p. 263) However, there are also those who claim that the individual values and collective principles of the people tend to dictate their predilection to compliance of the law. (Wortley, 1996, p. 462) This shows two major reasons why people tend to react negatively on the commission of acts categorized as criminal by law. In this line of reasoning, provided that minorities are similarly subjected to the same kind of laws and the same kind of legal system, it is rather a conundrum that they have to constantly be a part of criminal actions.
III. Representation of Minorities
The theoretical claims presented above indicate the general counter-argument on the case of minorities in criminal cases. The problem in the said argument, regardless of the considerable evidence from the existing literature, is that it fails to recognize the external factors that tend to have a major effect on the possible criminal offenses acquired by these individuals. The following discussions will provide a description on the reasons why minorities tend to be seen as overrepresented in the criminal justice system.
A. Exposure to Prejudice
Discrimination and prejudice studies have constantly been conducted and published for decades and they have indicated that such occurrences are a reality among minorities. Racial discrimination has been a staple of minority groups throughout the ages. In the work setting, racial discrimination topics have been a staple in organizational studies. (King, 1995, p. 46) Even in instances where minorities are to engage in recreational activities, they are hounded by certain prejudice by the majority. (Jackson and Stodolska, 1998, p. 23) Even at the time when these people intend to have fun, they are pursued by such unfair treatment. Though this does not justify that minorities engage in criminal activities, one must recognize that even if they start complying with rules, the existing society wields everything that is not fair on their midst.
B. Unstable Social Situation
Being a part of a minority group implies a degree of inequity right away. Meaning there is an inherent disadvantage that one acquires to the moment he/she considers himself/herself a part of the minority. This has been the problem in any state with a highly diverse population. Though it is primarily seen in the United States, this situation is not restricted to its boundaries. This takes place in Europe and Asia. (Abele, McIver, McIntosh, and Nolle, 1995, p. 939; Carstens, 2004, p. 304) Thus, this establishes it as a universal phenomenon.
In the context of the United States, the minority groups in business are seen to have to deal with permanent “economic barriers.” (Silverman, 1998, 571) This is seen in the study of Silverman (1998) where African-American business people in Chicago eventually succumbed to the corporations owned and controlled by the dominant white business people in the state. Seen in this situation, even as minority groups try so hard as to work with the system, they end up losing and being eaten up by the dominant group.
IV. Conclusion
The racial situation in society presents an unending and universal predicament that screams for its resolution. This issue transcends mere calls for legal change. As Martin Luther King, Jr. said, he did not be set his deeds to defy the legality and authenticity of the US or the rule of law but merely the moral appropriateness of the law under consideration. (King, 1963) Representation of minority in the criminal justice system is apparent not because they want to actually engage in criminal acts, it is because the societies they dwell in subconsciously place them in that situation. Authorities call for compliance to the imposed law but there seems to be an existing paradox in this scenario. The thing about legitimacy and compliance is that the most natural thing an individual is to regard whether a certain aspect demanding a legitimate compliance is whether they deem it just. It is for this matter that this paper calls for not as much as changes in the existing laws to favor the minority but for fairness in the implementation of laws. In this way every single individual in society does his fair share in complying and establishing the legitimacy of the rule of law.
Discussion Board
The issue of gang membership rises above the mere issue of race, though it highly likely those young individuals would tend to get together with people they identify with. The problem rest on the fact that, regardless of race, gang membership among the youth is said to be highly dependent on the relative ability or tendency of the individual to antisocial behavior. (Farrington, Gordon, Lahey, Loeber, Stouthamer-Loeber, 1999, p. 261) This indicates that antisocial behavior is the foundation of gang membership, not as much of racial or ethnical background. However, this does not discount that there is a great possibility that race would determine the general membership of a youth gang. To illustrate, early gangs in Los Angeles displays an illustration of racial gangs in the 1940s. Particularly, the gang comprised of zoot-wearing Mexican-Americans who turned out to contribute highly in the occurrence of the “zoot-suit riot.” (Daniels, 2002, p. 98) In this line of reasoning, it shows that antisocial behavior and race could thus present a perfect formula in the creation of youth gangs.
Given in the context of youth gangs, one may realize that the theory of crime applicable in this subject would be differential association. In this context, the individual learns delinquency through his/her peers. (Crosnoe, Dornbusch, and Erickson, 2000, p. 395) This is comparable to what takes place in gangs and other delinquent groups. Deviance and deviant behavior is learned by a person through individuals he/she identifies with, particularly those he/she considers as close friends.
In general, it would be ideal for law enforcement organizations to implement a racially neutral set of strategy. Specifically, the laws pinpointing criminal activities should be equally implemented in all delinquent individuals and those engaging in deviant behavior. Policies should focus more on providing programs that will deter these activities and even serve as a means for these delinquents and deviants to comply with the existing laws. In the operational level, law enforcement organizations should try to establish first that the groups of young individuals present in their area are actually gangs engaging in illegal behavior and consequently create a profile of its members. After these they should appoint individuals who could relate closely to racially-oriented gangs. This indicates a practical approach in dealing with these delinquent youth gangs. In this manner, the policies will not present any discriminatory implications.
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