Introduction/ Prior research
In previous studies, many examined the independent effects of race and gender on sentencing, and others looked at their joint effects. However, prior research has not looked at all three statues together-race, gender, and age- and how they can affect the sentencing of a defendant. The article use information from a statewide data from Pennsylvania between 1989-1992, to examine the effects of race, gender, and age on sentencing, particular on how each factors might contextualize each other. The primary research question is whether social control in the form of criminal punishment is differentially mobilized on the basis of the three statues.
Research have found different outcomes on the effects race has on sentencing.
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However, little is known about the interactive effect of gender and race on sentencing outcomes. Researchers have predicted that black females will a sentence similar to a white male, but harsher than a white female. In the current study, examines whether race and gender interacts, and the effects of age with race and gender.
Researchers have illuminated the connection age has with sentencing. There is a nonlinear, or U-shaped relationship when full range of adult ages are included. Which showed a lenient sentence for youthful (18-20) compared to young adult (21-29). Since judges see the youthful as vulnerable and more likely to get harmed during imprisonment. These findings of age, plus gender and race suggest the importance they have on sentencing.
There are three focal concerns that can influence a judge and other court actors’ decisions in sentencing decisions: blameworthiness, protection of the community, and practical constraints and consequences. Furthermore, many findings expressed that young black offenders are less likely to be harmed during
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The three main findings are the influence age has on sentence severity is dependent to gender. Second, the influence of race on sentencing is contextualized by age for male, but not females. Thirdly, young adult Black males receive harsher punishment than any gender, race, or age combined. Also, findings show that the focal concerns make an impact on a judge decision since the three statues are taken in consideration. This research reveals the existence of key independent and collaborating effects of race, gender, and age in sentencing decisions. Race, gender, and age can make an impact on decision making, however, combined can effect a defendants sentencing outcome majorly. These findings will set up for further research to examine how race effects may be mediated by other factors. Finally this article expressed how significant race, gender, and age can have on a defendant’s outcome in the American society.
Critical
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
These two authors described how the sentencing guidelines are racially organized. Ever since Minnesota introduced the first
This article critically examines the racial disparities in sentencing during the late 20th century and highlights how biased judgments influenced judges' decision making processes. "Just Mercy" aligns with these findings by emphasizing how racial bias affects sentencing outcomes. The author Bryan Stevenson explores implicit bias and cultural stereotypes illustrating their impact on judges' perceptions and judgments of African American defendants. Through concrete examples. "Just Mercy" vividly exposes instances of racial bias within the criminal justice system and reveals the unjust consequences faced by people of color.
Roper v. Simmons is considered a landmark case and is one of a handful that shows a new direction in granting some relief from what has been established as harsh “adult” punishments for juveniles (Elrod & Ryder, 2014). In fact, many studies are showing that the differences between adults and juveniles are quite significant (Elrod & Ryder, 2014). The courts are realizing that these differences must be taking into account when dealing with juveniles in the criminal justice system (Elrod & Ryder, 2014). However, that being said, change does not occur overnight, and for the unforeseeable future, juveniles will still continue to be waived into adult courts (Elrod & Ryder, 2014).
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.
The social issue I have chosen to focus on is the problem of violent crime and the inequalities and disparities in sentencing. This issue is rooted in systemic racial inequalities, which can result in harsher sentences for individuals from marginalized communities who are convicted of violent crimes such as murder. There is a growing body of research that highlights the need for reform within the criminal justice system to address these disparities and ensure that all individuals are treated fairly and justly. The history of racial disparity in the criminal justice system in the U.S. has been longstanding.
If found guilty the sentencing phase is addressed. One of the main functions of criminal sanctions is to offer offenders rehabilitation, retribution, deterrence, and incapacitation, there have been discussions that regard the possibility of differential treatment of groups and the overrepresentation of males and Blacks within the criminal justice system (McNamara, & Burns, 2009). It has been suggested in early research that sentencing and the severity of sentencing for minorities showed signs of discrimination, with more recent research the findings are conflicting. Socioeconomics status influences incarceration for those of the minority
"Results indicate that, while structural-level variables played a large part in explaining the development of the guidelines, a more accurate and complete understanding of this process is possible by including an analysis of the individual-level characteristics of Commissioners, including their professional backgrounds, ideological perspectives, styles of leadership, and future goals" (Rodriguez, 2018, pp. 1-17). In my opinion, social status affects sentencing because these people are respected members of society. Quite a few times I have seen these people receive small sentences based on who they are and because they have money. Some are not even in jail for more than a few hours and then they are placed on paper for things such as probation.
A study conducted by the New York State Division of Criminal Justice Services undertaking claims of sentencing disparities studies the felony sentencing outcomes particularly in New York courts between the years 1990 and 1992. Astonishingly, the study concluded that approximately one-third of minorities sentenced to prison would have received a shorter sentence with the possibility of a non-incarcerative penalty if they had been treated similarly to their white counterparts. Consequently, other sentencing data is consistent with the results of this study’s findings. On a national scale, black males specifically, who were convicted of drug felonies in state courts 52 percent of the time, while white males typically receive prison sentencing approximately 34 percent of the time. In addition, these figures are not constrained to gender given the similar ratio among black and white women as well.
Statistics prove that Mandatory Minimums affect minorities disproportionately. In fact, African Americans are over 10 times more likely to enter prison for drug offenses than their Caucasian counterparts despite both racial groups using drugs in equal amounts. This shows the racial bias of the Justice System at work by using Mandatory Minimums to punish minorities with harsher sentences. Blacks and Hispanics make up 74.4 percent of the people convicted of drug charges while only making up less than 30 percent of the population. Indicative of this widespread problem, 39.4 percent of convictions in 2011 involved Mandatory Minimum Sentencing (United States Sentencing Commission 148).
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.
This research proposal is purposed at investigating the disparities and the variables that contribute to the gaps in sentencing men and women
When there was a misdemeanor drug offence, black defendants were 27 percent more likely than whites to get a plea offer that included incarceration.” This shows unfairness
It is possible to leverage federal, state, and Minnesota-specific data for upcoming research. I'll be looking into the ethnicity, racial makeup, and gender of judges around the state. Following the discovery of this information, I will examine the sentencing guideline data for aggravated and mitigated dispositional departures that judges decide on in cases and investigate how this differs depending on race and gender. I'll utilize independent, dependent, and control variables to learn more about this
THE INTERSECTING IMPACT OF RACE AND GENDER ON ATTITUDES, 1974-2006” addresses the relationship between race, gender on attitudes toward capital punishment over time. The data being used is taken from the GSS from 1974-2006 examining any changes on attitudes of capital punishment. The sample for the study is a random sample of noninstitutionalized, English-speaking adults, aged 18 and older. This survey was conducted every year from 1972 to 1994, with the exception of 1979, 1981, and 1992, after 1994 the GSS has been conducted every other year. The dependent variable is "Do you favor or oppose the death penalty for persons convicted of murder?