American Law Enforcement System Analysis

The rights of African Americans have sparked contentions in the country’s history due to significant events, especially slavery and the struggle for civil rights and political justice.  Although the US has passed numerous legislations to provide African Americans with equal rights, systemic issues, particularly police brutality, have played a prominent role in undermining these rights. Police brutality against African Americans has emerged as one of the thorniest social justice phenomena in the country. The issue demonstrates the extent of racial disparities in the criminal justice system, especially the challenges in holding police officers accountable. While the US abolished slavery, experienced the formation of the National Association for the Advancement of Colored People (NAACP), enacted the Civil Rights Act of 1964, and passed the Voting Rights Act of 1965 to give African Americans the right to vote, the prevalence of police brutality due to qualified immunity has hindered Blacks from enjoying their rights.

Historical Overview of African American Rights

The African Americans’ struggle for rights started before the passage of the 13^th Amendment, which abolished slavery in 1865. While this legal development provided the US with a final constitutional solution to the issue of slavery, African Americans faced numerous hurdles to enjoying full citizenship (Kantrowitz 34). In addition, the US Congress passed and ratified the 14^th Amendment in 1868 to provide citizenship to every person born in the country, including former slaves, and accord them equal protection under the law. However, the Jim Crow laws implemented in the 1870s to promote racial segregation and the subsequent Supreme Court ruling in the case of Plessy v. Ferguson which introduced separate but equal legal doctrine undermined the legal protection provided for in the amendments. Given the above, the passed amendments failed to work, relegating African Americans to second-class citizenship status.

The rise of organizations such as the NAACP, the enactment of the Civil Rights Act of 1964, and the Voting Rights Act of 1965 played a key role in confronting systemic injustices.  The Civil Rights Act passed in 1964 assisted in protecting African American civil rights (Monopoli 92). In 1965, the Voting Rights Act empowered African Americans to vote without being subjected to discriminatory practices prohibited by the 15^th Amendment of 1870, such as paying taxes and taking tests (Monopoli 93). Nonetheless, the noticeable progress in legal equality failed to eradicate institutional racism and bias against African Americans, especially in policing and the criminal justice system. Moreover, the War on Drugs, which began in 1971, introduced policing tactics, increasing police brutality that disproportionately targeted African Americans. As a result, the activities led to the mass imprisonment of African Americans, straining the relationship between the minority community and law enforcement.

Police Brutality

Police brutality has carved a niche as one of the sensitive issues that’s sparked concerns in the US for years, stifling African Americans from enjoying their rights. Police brutality refers to the practice of police officers using excessive force on citizens (Harvard T.H. Chan School of Public Health). The disproportionate number of African Americans at the receiving end of police violence emphasizes the systemic racism within the policing sector. The Harvard T.H. Chan School of Public Health published a report in 2020 that stated that Black Americans have a 3.23 higher likelihood of being killed by the police than their white counterparts. In this regard, unemployment and high poverty levels subject African Americans to a harsh environment fertile for hostile policing tactics based on racial profiling. US States should review police immunity to make them accountable for their actions and avert a cycle of violence.

One of the major factors accounting for the prevalence of police brutality is the principle of qualified immunity. The doctrine plays a critical role in protecting government officials, especially law enforcement officers, from individual liability (Cornell Law School).  The immunity shields police officers from any lawsuits alleging their violation of the plaintiff’s rights. In other words, qualified immunity only allows suits when the officers have breached someone’s constitutional rights, which remains difficult to prove. Although qualified immunity seeks to hold officials accountable for abusing their powers, it predominantly shields them from facing justice. The doctrine also allows police officers to engage in misconduct without getting any punishment. Thus, qualified immunity often protects officers from disciplinary actions, making systemic change elusive.

The formation of Black Lives Matter (BLM) has played a significant role in amplifying the depth of police brutality and systemic racism, advocating for the enjoyment of African American rights. The movement came into existence in 2013 after the acquittal of Trayvon Martin’s killers (Cappelli 326). The murder of George Floyd in 2020 catalyzed public outrage and sparked protests against police brutality. The protests galvanized calls for police reforms and advocated for policies mitigating contact between law enforcement officers and marginalized groups. As the BLM movement attracted millions of protesters to agitate for justice for the victims of police brutality, it became evident the issue impacted not only the Black community but also the entire world. Moreover, most African Americans experienced trauma due to aggressive policing. Against this background, the US government should eliminate qualified immunity to make sure officers are held accountable for their misconduct. Besides, using body cameras will assist in preventing excessive use of force.  Consequently, the two recommendations will improve the eroded trust between law enforcement officers and African Americans.

While the US has witnessed tremendous legal advancements, especially the abolition of slavery, passage of the Civil Rights Act of 1964, and enactment of the Voting Rights Act of 1965, African Americans continue to experience discrimination, especially in law enforcement in the form of police brutality. Although the Civil Rights Act of 1964 and Voting Rights Act of 1965 empowered the Black community to vote without paying taxes or taking tests, police brutality emerged in the second half of the twentieth century to undermine their enshrined rights and freedoms, deepening racial inequality. The continued mistreatment of African Americans by law enforcement officers has eroded trust, creating a rationale for comprehensive reform. The government should undertake proactive initiatives such as eliminating qualified immunity and heightening police accountability to guarantee equal enjoyment of human rights and freedoms. Therefore, the US should reform the legal system to ensure it protects the rights of all, especially African Americans.

Works Cited

Cappelli, Mary L. “Black Lives Matter: The Emotional and Racial Dynamics of the George Floyd Protest Graffiti.” Advances in Applied Sociology, vol. 09, no. 10, 2020, pp. 323-347. 

Cornell Law School. “Qualified Immunity.” LII / Legal Information Institute, 2024, www.law.cornell.edu/wex/qualified_immunity.

Harvard T.H. Chan School of Public Health. “Black People More Than Three Times As Likely As White People to Be Killed During a Police Encounter.” Harvard T.H. Chan School of Public Health, 22 Nov. 2024, hsph.harvard.edu/news/blacks-whites-police-deaths-disparity/.

Kantrowitz, Stephen. “White Supremacy, Settler Colonialism, and the Two Citizenships of the Fourteenth Amendment.” The Journal of the Civil War Era, vol. 10, no. 1, 2020, pp. 29-53. 

Monopoli, Paula A. “Voting and Jury Service.” Constitutional Orphan, 2020, pp. 89-114