In this assignment, you will create a proposal detailing and building upon the information presented in the last two assignments. First, present the current policy that is negativ

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Policy Gap Analysis

Student

Institution

Course

Instructor

Date

Policy Gap Analysis

The criminal justice system is faced with complex issues like discrimination of marginalized communities and this impacts how fairness and justice are served. Through the NASW ethics code, there is an exposure of the pervasive mass incarceration of Hispanic and Black people in the system compared to White people. It is a significant disparity that shows that there are massive gaps in policy where the social and racial justice of these individuals are violated. It also shows how the system has failed in ensuring that it gives justice and fairness to every person without discrimination. It is important that these gaps in policy are given attention because it would ensure some changes within the system and this would favor the discriminated populations.

Institutional racism is deeply embedded into the criminal justice system and this brings the need to rectify the injustices and wrongs done to Hispanic and Black people. A reform within the system would guarantee that there is equity and equality. Advocating for changes in policy where the structures that encourage racial disparities, leading to mass incarceration rates should be dismantled (Blankenship et al., 2018). There is a need to closely look into the causes and this would mean going back centuries. Historical factors like racism and segregation largely play a part in the racial injustices and disparities where White people are seen as superior and other minority populations seen as inferior. This is a pervasive way of dividing people because it brings inequalities and encourages the mistreatment of some populations and favoring of others.

Advocacy for policy changes in laws like mandatory minimum sentencing laws would be revolutionary because it would ensure the incarceration rates for these populations reduce. A Black of Hispanic person is more likely to get incarcerated for a non-violent crime compared to the White population and this means that their numbers are disproportionate. Rehabilitative services should be prioritized in communities where people of color live because this would be beneficial in reforming behavior, instead of offenders getting incarcerated for insignificant crimes (Martinez-Garay, 2023). A redirection of resources toward support and these rehabilitative services would significantly impact the incarceration rates within the criminal justice system.

There is a desperate need for changes in this area. The high incarceration rates for colored persons in the criminal justice system not only expose poverty cycles but also erodes the principles of justice and fairness. People of color are often economically disadvantaged which means that they cannot enjoy privileges like affording high amount of bail money or getting themselves a decent lawyer. This means that from the beginning, they are more likely to be disadvantaged in the process of attaining justice. Furthermore, the fact that the system already works against them in terms of systemic racism means that the unfairness does not stop there.

It is crucial to align the NASW ethics code with the core values of equality, as well as social justice. This would mean that there would be a redirection and a society that is equitable and just would be created. Ethnicity or race would not matter because everyone would be treated with respect and dignity as a human being rather than someone belonging to a specific demographic group. Social justice would guarantee that equity and fairness are fairly defined and this would influence the principles of the criminal justice system. Everyone’s rights would be upheld and the significant racial disparities within the system would be reduced if not completely eliminated. Through the equitable distribution of resources within the criminal justice system, everyone would have a chance to fair trials and justice would be attained, meaning that the mass incarceration of marginalized communities would be dealt with.

The issue of discrimination is largely shaped by biases and systemic inequities, which shows the root of the mass incarceration problem. For instance, policing tactics that encourage racial profiling are perverse and they are the main drivers in the disparities in the rates of arrest. For example, a Black or Hispanic person has a higher likelihood to be arrested at a routine traffic stop compared to a White person (Barber, 2023). This shows that law enforcement agencies have biases that favor White people over other communities of color. The police are often suspicious or persons of color and scrutinize them at every opportunity they get. Also, there are disparities in parole and sentencing decisions and as mentioned earlier, there is unequal access to legal representation. Due to such factors, the overrepresentation of Hispanics and Blacks in this system is exacerbated, which shows the poverty cycles as stated earlier.

To ensure that there is improvement, there must be specified goals for the efforts for advocacy. For instance, this could include implementing training programs for implicit bias for police officers. This would ensure that the rates of racial profiling are reduced and the problem would be solved little by little from where it begins (Lai & Lisnek, 2023). Also, policies that promote rehabilitation instead of punitive measures would be beneficial in attaining the goal of reducing incarceration rates for these communities. Lastly, policymakers should be held accountable for what they implement and establishing tracking measures for progress would ensure that the racial disparities are dismantled.

All in all, the changes would not come without resistance from political opposition, especially for people who benefit from mass incarceration like prisons (privatization of services contributes to this). Also, budget limitations must be considered but navigated to ensure that there is equity, fairness, and justice. Through collective power in public education, grassroots advocacy organizations, and building coalition, these challenges would be overcome and societal change achieved. Therefore, the NASW ethics code principles would be honored and someone’s color would not have to determine whether or not they get justice and fairness.

References

Barber, J. (2023). Black, Latinx People Were 90 percent of Those Arrested in NYPD Traffic Stops. NYCLU. Retrieved from https://www.nyclu.org/commentary/black-latinx-people-were-90-percent-those-arrested-nypd-traffic-stops

Blankenship, K. M., Del Rio Gonzalez, A. M., Keene, D. E., Groves, A. K., & Rosenberg, A. P. (2018). Mass incarceration, race inequality, and health: Expanding concepts and assessing impacts on well-being.  Social science & medicine (1982),  215, 45–52. https://doi.org/10.1016/j.socscimed.2018.08.042

Lai, C. K., & Lisnek, J. A. (2023). The impact of implicit-bias-oriented diversity training on police officers’ beliefs, motivations, and actions.  Psychological science,  34(4), 424-434. https://doi.org/10.1177/09567976221150617

Martínez-Garay L. (2023). Evidence-based sentencing and scientific evidence.  Frontiers in psychology,  14, 1309141. https://doi.org/10.3389/fpsyg.2023.1309141

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NASW Code of Ethics

Kiara Bonds

Capella University

SWK 5006

4/28/2024

Addressing Discriminatory Issues in Policy through the NASW Code of Ethics

In examining a policy or program that contains discriminatory issues, we can consider the criminal justice system in the United States. One specific issue of discrimination is the over-incarceration of Blacks and Hispanics about Whites within the United States (Stober, 2020). This kind of gross racial disproportion in incarceration rates is a violation of the core value of social justice in the NASW Code of Ethics. Social justice implies that all human beings have to be treated justly and based on equity without considering their color, culture, or economic status. In a real sense, the overrepresentation of people of color in the criminal justice system showcases systemic failures to put principles of social justice and equality into practice. Several factors may be considered as mechanisms leading to this discriminatory issue within the criminal justice system. One such key issue is racial profiling by police officers, who tend to target people of color unequally for suspicion and arrests.

Systemic racism in the justice system may result in harsher penalties for people of color. Disparities in access to effective legal representation may also contribute to African American and Hispanic incarceration rates. These systems sustain the criminal justice system's racial imbalance. Systemic changes are needed to fix discrimination in the criminal justice system and maintain social fairness. Anti-bias training for law enforcement to combat racial profiling, culturally competent judicial practices, and equal legal representation for all citizens, regardless of race, may be among these measures (Hardwick, 2022).To establish a fair and just criminal justice system, legislative reforms that address the root causes of racial disparities in incarceration are needed. Poverty, education inequality, and mental health care shortages are the causes. We can create a more equitable and inclusive society if we confront discrimination and maintain social justice.

Evolution of Affirmative Action Policies in Higher Education

Affirmative action policies in education have changed over time to address alienation, injustice, and prejudice. The policies were initially implemented in the 1960s to address historical inequalities and structural barriers that most people faced. These guidelines have been criticized for promoting bias and weakening the merit-based admissions process. In response to criticism, affirmative action policies have become more refined and targeted. According to Wong et al. (2021), colleges and universities are considering not only test scores and grades but also personal experiences, the ability to overcome obstacles, and diversity contributions. All of these programs aim to eliminate disparities and impediments for underrepresented groups while retaining merit-based admissions.

The changes in implementation of these affirmative action policies follow some of the core values, such as social justice, diversity, and equity. Adaptation and refinement in reaction to criticisms and challenges of these institutions of higher learning are aimed at creating more inclusive and equal learning environments for all students. At the bottom of it all, what the changing face of affirmative action policies constitutes is a recommitment to dealing with issues regarding oppression, alienation, and discrimination within higher education systems and towards the promotion of diversity and equal opportunities for all concerned.

Specific Population Impacted by Criminal Justice Policies

One of the specific populations affected by such policy-based discrimination in criminal justice is the Black community in the United States. Blacks are overly represented in policies like the "war on drugs" and mandatory minimum sentencing, resulting in higher imprisonment rates and harsher sentencing compared to Whites (Exum, 2021). Systemic racism and bias against Black people within the system of criminal justice augment the overrepresentation of Black people in prisons and continue the cycles of oppression and discrimination.

Real-life examples of such racist policies would be disparities in the sentencing of Black and White people for the same crimes committed. There have been claims that Black people get longer prison terms than White people for similar crimes. For instance, in cities like New York, stop-and-frisk practices targeted Blacks and Hispanics to a much greater extent than their White counterparts, leading to higher rates of arrests and incarceration within those communities. Discriminatory criminal justice policies impact directly on the lives and future opportunities of Blacks involved in the system. The regulations thus legitimize racist nature of policies on which they are based, thereby enhancing injustice in society. They fuel poverty, trauma, and disenfranchisement, thus contributing to marginalization and alienation. These policies disproportionately affect black populations.

Conclusion

In conclusion, the impact of discrimination against the Black population in the United States by the criminal justice system's policies reminds us of the systemic operation of racism and bias in the criminal justice system. Many factors contribute to the continuous oppression and alienation that people of African descent have to undergo. This covers disparity in the rates of incarceration, disparity in the lengths of sentences, and disparity in the use of enforcement techniques. Using these real-world cases points out the necessity of reform and changes within the criminal justice system in addressing prejudice issues and attaining social justice and equality for all persons. To create a more just and fair society for marginalized communities, some processes of perpetuating these practices must be acknowledged and done away with. We can advocate for reform and hold institutions responsible in the journey toward a criminal justice system based on principles of fairness, equality, and dignity of the individual.

References

Exum, J. J. (2021). Reconstruction Sentencing: Reimagining Drug Sentencing in the Aftermath of the War on Drugs. American Criminal Law Review, 58, 1685. https://heinonline.org/HOL/LandingPage?handle=hein.journals/amcrimlr58&div=52&id=&page=

Hardwick, L. W. (2022). Justice for All: An Overview of the Supreme Court of Missouri’s Commission on Racial and Ethnic Fairness. Washington University Journal of Law & Policy, 67, 111. https://heinonline.org/HOL/LandingPage?handle=hein.journals/wajlp67&div=9&id=&page=

Stober, E. (2020). The Race Warfare and the United States Justice System. Journal of Humanities and Social Sciences Studies, 2(6), 01-14. https://doi.org/10.32996/jhsss.2020.2.6.1

Wong, A. A., Marrone, N. L., Fabiano-Smith, L., Beeson, P. M., Franco, M. A., Subbian, V., & Lozano, G. I. (2021). Engaging Faculty in Shifting Toward Holistic Review: Changing Graduate Admissions Procedures at a Land-Grant, Hispanic-Serving Institution. American Journal of Speech-Language Pathology, 30(5), 1925–1939. https://doi.org/10.1044/2021_ajslp-20-00383

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