Why The Justice System Has Failed Latinos

 

As shown in historical case studies, police discrimination can result in unlawful arrests.  The discrimination that Latinos experience can escalate even once they find themselves in jail.  Often times Latinos experience discrimination at each stage of the criminal justice process.  The barriers that Latinos face in the justice system are problematic and can hinder an incarcerated Latino's chance of making a positive return to society.


Under Arrest
Historical case studies, such as the events surrounding Sleepy Lagoon and The Young Lord’s Party, have shown that police discrimination against Latinos occurred heavily in the past.  Evidence of such discrimination is still prevalent in today's society.  Racial profiling and targeting high crime neighborhoods impacts Latinos.  These biased attitudes often lead to unusually harsh mandatory minimum sentences. 33  

The Language and Training Barrier
Many of the people who work with Latino defendants and prisoners do not speak Spanish.  Additionally, many jurisdictions do not have translators and lack Latino cultural knowledge.  Thus, equal access to the law is being denied to inmates that predominately speak Spanish.  The lack of non-English speaking aid in the justice system makes it difficult for prisoners with poor English speaking skills to communicate their defense and advocate for their own rights.  Latinos are disproportionately represented by publicly appointed legal counsel who are typically overworked and underpaid.  An ever present concern for many Latinos is immigration status.  However, Latinos are at a disadvantage because legal counsels often have insufficient training in complex immigration law.  This is especially problematic because recent immigration laws have resulted in increased mandatory detention.  The lack of bilingualism and training in justice system workers is a significant problem for Latino defendants and can impact the outcomes of their trial. 34

Excessive Sentencing
Latinos are more likely to be incarcerated than whites when charged with the same offense.  For instance, the rates of drug usage between whites and Latinos are similar. However, Latinos were arrested by the DEA for drug related offenses at a rate nearly three times their proportion in the general population. Latinos also accounted for nearly half of the individuals convicted of drug offenses in 2000. 35   Additionally, Latinos are more likely to receive harsher sentences and treatment than whites for committing the same crime.  Latinos also make up the majority of those arrested for immigration violations.  This is an ever growing problem for Latinos because over the past 10 years, arrests for immigration offenses increased 610 percent. 36    Misdemeanor offenses such as shoplifting or a traffic violation, often times result in deportation. 

Case Study of Racial Profiling

In 2000, census data indicated an increase of Latinos moving into the suburbs of West Chicago.  In response to this, city officials passed numerous restrictive ordinances involving the prohibition of families from utilizing household common areas (dens, lofts, attics, etc.) for sleeping quarters.  City officials often used these ordinances to target Latino households.

One specific instance of city officials and police targeting Latino households occurred in June 2002 when the police raided the home of a Latino family. In the early morning, nine building inspectors and police officers awoke the entire family and their guests who had stayed over after Father’s Day celebrations.  During the raid, inspectors and officers would not let the family members move around the home or even get dressed while they conducted their search.  The police officers and inspectors took photographs of bank statements, children’s birth certificates, and other sensitive information. Additionally, the raid was not the only time the family had been targeted by police and it only occurred after 16 months of harassment and surveillance by city officials and police.  

This search was done on the basis of a general administrative warrant. This warrant only authorized the police to inspect the outside structure and property in order to determine if the premises was in compliance with city ordinances.  The officers and inspectors clearly violated the warrant and crossed the line when they went into the home and documented personal items. 

As a result of this particular raid and others, a federal lawsuit has been filed against the city for harassment of Latino families, who have comprised the majority of households subjected to these home raids.  This city ordinance clearly was passed to target Latinos. However, even with this targeting of Latinos, most of the raids and harassment over the issue of overcrowding have proven groundless.  37

 

 

With the rise in Latino being targeted by the U.S. Justice system and an increase in arrests and sentencing, the future of Latinos in the United States would appear to be in jeopardy.  Fixing these problems discussed above is vital to the Latinos living in the United States. Only through addressing and fixing these problems can the Latino community contribute fully to both the culture and society in the United States.

 

 

 

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