It is unfortunate that the practice in the U.S criminal justice system is explicitly biased and to dive deeper into the system, the racial discrimination can be seen in many civil and criminal cases. This system seems like a fresh looking beautiful apple but rotten from inside. The purpose of understanding the process of the criminal justice system is to establish a conscious mindset and see the fact that the racial discrimination is still exists and the fight against it has not ended.
According to the U.S Census Bureau, which was updated July 2025, the Black population is estimated at 13.5%. However, according to the Federal Bureau of Prison, the Black population in prison is 35.5%, and such a number is only of those who are incarcerated in the federal prisons without the counties and the cities’ jails. Justice discrimination cannot be denied as a major problem in American society and the officials in the system are the main factor in the fractured system, which affects the Black Americans and other minorities.
Assuring to provide effective assistance of counsel to Black and other minorities defendants to have a fair trial is necessary. Such counsel is not provided in many cases, which violates the defendant’s Constitutional right. The Supreme Court has recognized that the effective assistance of counsel is crucial and it is a part of the Sixth Amendment, which is the right to defense attorney.
Therefore, the defendant must have the right to an effective and competent attorney as an important role player in the trial. Providing evidence and proper documents regarding the case shows the competency of the attorney, and conversely, ineffective assistance of counsel creates a major problem for the defendant who might be found guilty of a crime he or she did not commit.
However, to prove an ineffective assistance of counsel, the defendant must present to the court that the lawyer’s performance has fallen below the objective standard of reasonableness, and because of incompetency and mistakes of the lawyer the decision was not in the defendant’s favor, or it would have been different (ineffective assistance of counsel | Wex – law.Cornell.Edu).
Also, proving an ineffective assistance of counsel can reverse a court decision because it is considered a violation of the Sixth Amendment. The failure of an attorney to investigate, obtain evidence, failure to find and interview witnesses, and failure to request and present a DNA test to court could end a case with an unfair result, which affects the life of the defendant.
Furthermore, racial discrimination is one of the most appalling factors of ineffective assistance of counsel, which results in an unfair trial and sentencing. Buck v. Davis is only one of many cases in America that racism dominated justice and became a reason in the sentencing. In 1997, Duane Buck in Texas was convicted of a murder, and under the Texas law if a jury believes that the person is likely to commit a future violent crime that is a threat to society he or she will be sentenced to death.
The defense attorney presented testimony from a psychologist that Buck will commit a crime because he is Black. However, in 2017, the Supreme Court intervened and by a vote 6-2, decided that Buck’s Constitutional right was violated and his counsel was ineffective. Buck’s death sentence was reversed and changed to life in prison. The racial disparities and discrimination in criminal justice system and sentencing is destroying many lives and causing a long term harm to Blacks and other minorities in the U.S,
The racist authorities and individuals who are the main actors in the system are able to damage the American diverse society, which impacts the future generations as well. Therefore, it is an ethical duty to stand against such disparities and discrimination and become a voice and bring justice to those who are the victim of racial discrimination.
