Sentencing disparity within the American Judicial system is a problem that exists across the nation. According to Merriam Webster’s dictionary, disparity means the markedly distinct in quality or character. Many times, disparity is used in conjunction with discrimination as if the two words mean the same, but they do not. Disparity will include a difference in treatment or outcome but is not based on an opinion, bias or prejudice. Within the United States there are several types of disparity that exist within sentencing and these inconsistencies can vary from state to state, judge to judge, and from individual from individual. Disparity within different states, titled interjurisdictional disparity, is one of the differences within sentencing. Although many states have adopted guidelines to utilize during sentencing, there is still a large variance between jurisdictions from state to state. “As a result, the sentences imposed by judges within the same jurisdiction will not …show more content…
Their bonds were set at amounts that were 54 percent lower than what men were required to pay. • Women were 58 percent less likely to be sentenced to prison. • For defendants who were sentenced to prison, there generally was no gender disparity in the length of the sentence. There were disparities in sentencing for some individual types of crime, however. For example, female defendants convicted of theft received longer prison sentences than male defendants convicted of theft. Women convicted of “other property offenses” – a category of crimes that includes arson, receiving stolen property and breaking and entering — received shorter prison sentences. • Black female defendants were, in some ways, treated differently than white female defendants. Black women were assigned higher bond amounts and were more likely to be sent to prison than white women. Women of both races were equally likely to be released prior to
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For the same crimes, minorities are given harsher punishments, according to the literature (Feld, Singer, Skolnick, & Roberts, 2012). Cultural bias toward the LGBTQ community and the impoverished are two structural problems that must be addressed (The Balance, 2019). This bias may lead to erroneous accusations and convictions of otherwise innocent persons. American Jury System The jury system is an important part of the American criminal justice system because it guarantees defendants the opportunity to be tried by a group of their peers.
Fast forward to the present day, we have the Ferguson, Mike Brown of Emmitt Till’s still occurring in our justice system. A person must view the criminal justice threw a godly telescope to see the inequalities that exit, and need to come to the forefront of our government, and the population worldwide. Sentencingproject.org statistically show that African American men, women, and juvenile are arrested more often than any other races across the nations. This report will prove, and argues that racial disparity in the justice system is at large in our system. This research paper will further explain, and presents evidence that display the presence of racial bias in the criminal justice system in America.
Another issue that was discussed is the inequality of death penalty in practice. There have been serious issues with racial discrimination. For reference in cases with white victims and black defendants convictions occurred twenty two percent of the time while with black victims and white defendants with percentage dropped to a measly three
Although there may have been mild attempts to cease racism directed towards certain groups, these same efforts are absent within racial groups based on group members’ various ranges of skin tones, which Jill Viglione and other authors discuss in their article “The Impact of Light Skin on Prison Time for Black Female Offenders” (250). As numerous studies show, black women in particular make up a large proportion of women arrested and put in prisons within the country. Women with lighter skin tones receive lighter sentences than darker women, along with those who possess other attributional European features, such as straight hair and narrow noses. These individuals tend to also be more included in mainstream society, “thus afforded greater opportunities and privileges” and “more likely to be members of higher social class and achieve a higher occupational and educational level than their darker skinned counterparts” (251). These European features are seen as more attractive, as women with “blacker” features like curly hair and dark skin are stereotyped as lazy and “welfare queens,’ which are ultimately determinants of prison sentences and
A recent study of sentencing decisions in Pennsylvania (Steffensmeier et al., 1998) identified significant interrelationships among race, gender, age, and sentence severity. The authors of this study found that each of the three offender characteristics had significant direct effects on sentence outcomes and that the characteristics interacted to produce substantially harsher sentences for one category of offenders—young black males. This study responds to Steffensmeier et al. 's (1998:789) call for “further research analyzing how race effects may be mediated by other factors. ” We replicate their research approach, examining the intersections of the effects of race, gender, and age on sentence outcomes.
For many of years, many researchers and the justice system have seen a big increase in women being incarcerated. As stated in the article "Should the Criminal Justice System Treat female Offender Differently," by Jill L. Rosenbaum many of the offenses by women are less violent and most likely be “status offense. ”As we notice the increase in women and a decrease in men, we wonder if there a psychological reason for this discovery. Should women be treated differently?
This can be detrimental in the sense that it gives certain high-ranking officials far too much power. Court cases are settled when a judge exercises their own discretion to punish someone who has broken the law. Because of this, many individuals are given an unfair sentence because judges and prosecutors let their implicit biases get in the way of their decision making. Even though this is not the case with all judges and prosecutors, one mistake by one individual could cause someone to receive a much harsher sentence than they deserve. Prosecutors like Aaron Negangard serve as a prime example of a decision-maker who allows their own personal stereotypes to influence their discretionary actions.
Coker gives great evidence that supports racial injustice in the criminal justice system. She discusses on the Supreme Court’s rulings and accusations of racial preference in the system. This article is helpful because it supports my thesis on race playing a role on the system of criminal justice. Hurwitz, J., & Peffley, M. (1997). Public perceptions of race and crime: The role of racial stereotypes.
Name: Course Instructor: Class: Date: Adoption of Subjective Equality in Young Offenders Cases For decades, legislators have been trying to develop a Criminal Justice System that embraces equality of their citizens. There is a common belief that equality for all citizens equates justice. In this effort, reforms in regard to having different criminal justice systems and facilities for young offenders have been championed by many researchers.
People of all different races and ethnicities are locked behind bars because they have been convicted of committing a crime and they are paying for the consequences. When looking at the racial composition of a prison in the United States, it does not mimic the population. This is because some races and ethnicities are over represented in the correctional system in the U.S. (Walker, Spohn, & DeLone, 2018). According Walker et al. (2018), African-Americans/Blacks make up less than fifteen percent of the U.S. population, while this race has around thirty-seven percent of the population in the correctional system today.
There are many indicators of the huge impact in disparities in sentencing women as compared to men and more so when it revolves around minorities ( race and class). Though there are lower crime rates among women as compared to men, there are significant disparities which tend to show favouritism to women. Research has shown that men get 63 per cent longer custodial sentences than women. In addition, it is twice more likely to have women get non custodial sentences even after conviction. However, as mentioned the disparities are more profound when issues of race and class are intertwined in the sentencing.
According to the text, more than one million women in the United States “are under some form of criminal justice supervision” (1). Females behind prison walls have outweighed men over the years since 1985. In regards to gender difference, 73% of women have returned to prisons on technical violations versus men. Additionally, capital punishment towards women is an example of how women are viewed in the justice system has changed over time. For example, “a total 167 death sentences have been imposed upon females offenders from 1973 through late-2010.”
A principal reason for why education-based discrimination is disregarded is because it is overshadowed by the more commonly expected and discussed forms discrimination. Considering it is often co-occurring or acting as proxy to the other forms (Tannock 2008). This is particularly exhibited in a court sentencing. Albonetti’s (1997) analysis, one of the few to include education-level, examined and revealed how the defendant’s characteristics (extralegal variables) influence sentencing and its severity, such as imprisonment length. The analysis concluded that in terms of education-level, a male of minority class and of lower education would receive a more sever sentence than one of higher class and education (Albonetti 1997).