Criminal Justice in America: Unveiling the Inequalities Between the Dream and the Reality

Written by Nicole Patel

The American Dream—once a catalyst of hope, illuminating the path for possibility— has now become increasingly elusive for individuals, especially those ensnared by an inequitable justice system. And while the essence of the dream has not changed, its definition has. Individuals still believe in the core idea of achieving success and prosperity, but the way individuals experience it is different because of inequalities that have formed wedges. The shifting nature of the U.S—particularly the emphasis on a punishment system— has pushed the nation to obtain the highest incarceration rate of any independent democracy [1]. In a world where empathy has been replaced by a motivation to punish rather than reform, the very foundation of the American Dream seems to crumble under the weight of systemic inequality.

Yet, this process did not occur overnight. The rise of mass incarceration can be traced back to the 1970s, when politicians from both sides began to enforce racial rhetoric to push punitive policies. In 1971, Nixon launched the War on Drugs, framing it as a necessary step to combat crime and protect public safety. With Former President Reagn, the incarcerated population nearly doubled, exploding from 329,000 to 627,000 [2]. Not only did this expansion occur at the federal level, but the state as well. Policies such as the 1994 Crime Bill added fuel to the fire by giving money to states with large prison populations. Thus, mass incarceration spiraled and became a defining feature of American society.

Even now, policies continue to prioritize punishment over rehabilitation, driving the growth of the prison system. Laws such as mandatory minimum sentencing dictate sentences that judges must give out and enforce harsh punishments for non-violent crimes. This often leads to plea bargaining where individuals, especially those from disadvantaged backgrounds, opt into lesser charges even if innocent rather than face harsh punishments if convicted [3].  These systems continue to disproportionately affect marginalized communities and perpetuates the cycle of mass incarceration. One study finds after analyzing 30,000 Wisconsin cases, significant racial disparities are found in the plea bargaining process [4]. While white defendants were 25% more likely than Black defendants to have their most serious charge dropped, black defendants are more likely to be convicted of their highest charge. Implicit bias presents itself everywhere, even the courtroom. While legal representatives, judges, and the jury try not to hold bias; it’s human nature and it impacts real lives. In addition to racial bias, financial burdens also play a significant role in the system. The Consumer Financial Protection Bureau notes that high fee pricing continues to impact individuals at every stage of the criminal legal process [5]. Fines and predatory pricing continue to exacerbate the economic precarity of Americans. When caught in a system such as this one, the American Dream seems out of reach and almost like America is working against one. 

As once a country where individuals of different backgrounds came to seek a better life, the U.S. now faces the harsh reality that for many people of color, the American Dream remains elusive. The inequalities of the system continue to disproportionately affect people of color. While it can be argued that there is overrepresentation of minority group individuals engaging in crime, people of color are still overrepresented in prisons. Research shows that the most serious violent crimes have less unwarranted racial disparity, yet for less serious crimes, the proportion increased [6]. For instance, 13% of drug users/sellers are African Americans, 17% from various Latino groups, and 65% are white— yet more than 50% of those imprisoned on these premises are people of color. Findings show that black men are 13 times more likely to be sent to state prisons on drug charges than white men [7]. These alarming statistics point to one of the most significant failures of the criminal justice system: disproportionate and unjust targeting of minority groups. 
Unsurprisingly, the criminal justice system’s inequalities are greatly rooted in socioeconomic factors. Education, or the lack thereof, plays a huge role. Nearly 41% of prisoners in the U.S. do not hold a highschool diploma and face significant barriers to accessing quality education while incarcerated [8]. Ironically while the U.S spends over $80 billion on corrections, many states choose to spend three times the amount of money on prisons rather than schools [9]. The lack of access to education or the lack of prioritization enforces harmful paths of life. Research continues to find that individuals who do not complete highschool have a 60% chance to return to a life of crime while those with a college degree only have a 19% of returning. Yet, the focus on punishment rather than rehabilitation continues to leave individuals trapped in the system. As a land known for education, opportunity, and prosperity, the statistics paint the American Dream as nothing more than a fantasy.

In addition to the lack of educational resources, previously incarcerated individuals face severe stigma upon reentry into society. Even after serving their sentences, individuals with convictions face difficulties finding stable employment, housing, and societal acceptance. Many states often disqualify people with felony drug convictions from food stamps or cash assistance and almost all states restrict voting rights for these individuals. Yet, research finds that voting, food stamps, and employment are associated with lower recidivism rates [10]. The denial of these rights undermines the successful integration and perpetuates an inequitable system. 
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Yet, the U.S. has the opportunity to break free from this vicious cycle. Shifting from punishment to prevention, and retribution to rehabilitation can move the nation back to the true promise of the American Dream. Because progress is inevitable and change is destined to occur—but, it’s up to society to ensure that change leads to a more just, equitable future where the American Dream is accessible to all.

The opinions and views expressed in this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients.

Works Cited
[1] Emily Widra, State of Incarceration, 2024. https://www.prisonpolicy.org/global/2024.html
[2] James Cullen, History of Mass Incarceration, 2018. https://www.brennancenter.org/our-work/analysis-opinion/history-mass-incarceration#:~:text=The%20prison%20population%20began%20to,to%20push%20increasingly%20punitive%20policies.
[3] History, Causes, Facts on Mass Incarceration, 2024. https://www.fairfightinitiative.org/the-history-causes-and-facts-on-mass-incarceration/
[4] Nazgol Ghandnoosh, Luke Trinka, Celeste Barry, Mass Incarceration and Inequality, 2024. https://www.sentencingproject.org/publications/one-in-five-how-mass-incarceration-deepens-inequality-and-harms-public-safety/
[5] Racial Bias and Plea Bargaining, 2017. https://eji.org/news/research-finds-racial-disparities-in-plea-deals/
[6] Robert Crutchfield, Gregory Weeks, Mass Incarceration on Communities of Colors, 2015. https://issues.org/effects-mass-incarceration-communities-color/
[7] Racial Disparities in the War on Drugs, 2024.  https://www.hrw.org/legacy/campaigns/drugs/war/key-facts.htm
[8] Criminon International, Education and Recividism, 2024. https://www.criminon.org/who-we-are/groups/criminon-international/education-is-a-key-factor-in-reducing-offender-recidivism/#:~:text=Formerly%20incarcerated%20individuals%20with%20little,vulnerable%20to%20committing%20criminal%20acts.
[9]Kathleen Bender, Education and Prison, 2018. https://www.americanprogress.org/article/education-opportunities-prison-key-reducing-crime/
[10] Nazgol Ghandnoosh, Luke Trinka, Celeste Barry, Mass Incarceration and Inequality, 2024.  https://www.sentencingproject.org/publications/one-in-five-how-mass-incarceration-deepens-inequality-and-harms-public-safety/