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Disparities in sentencing minorities
Gender disparity in the criminal justice system
Gender disparity in the criminal justice system
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Sentencing disparity refers to the differences in sentences that are passed down in the same instances. This can happen on a variety of fronts. It can occur with judges, in different states, states v. federal, different prosecutors, among different victims, etc. (Criminal – Sentencing…2017 p.4) A more specific definition from USLegal.com states that, “Sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law.”. There are a variety of ways that sentencing disparity affects the justice system. There are three factors that disparity looms around; they are gender disparity, racial disparity, and age disparity. (4 …show more content…
Statistically, the male population in jail/prisons are much higher than the female population. This is not necessarily because females are less inclined to criminal tendencies than males, but more because society views them more as victims and/or innocent. (Men Sentenced To Long…2012 p.2) From the time women are small until they grow up, they are told that they are fragile, kind, they should not curse, or fight, etc. There are countless sexist roles and behaviors that are pushed on women, and so society views women along side the typical view. In a statistical graph by the of Bureau of Justice Statistics states that the number of people incarcerated per 100,000 people of that sex is as follows: 126 women and 1,352 males. (Bureau of Justice Statistics, 2010. p.1) That is an incredible difference in the number of incarcerated individuals per jail/prison. Societal view with women is becoming more level headed today, and sentencing disparity on the gender platform is coming to a more equal level; however, it is still a long way away from being equal. According to an article in the Huffington …show more content…
All three types are prevalent throughout the criminal justice system and prevent justice for all. I recommend that in order to decrease disparity in all forms, we examine each case one by one and assign a sentence that fits each specifically. We need to make a clear set of guidelines across state lines, so everyone is on the same platform and treated equally. For gender disparity, we need to tackle the societal view of females in order to show that justice and the law sees no difference in man and women. For racial disparity, we need to train all law enforcement to acknowledge that there is no one race that is more guilty than the other. For age disparity, we need to examine each case on a case by case basis in order to better serve justice to each situation; then the court can decide if it should be tried in adult court or not. Overall, disparity is a major issue that is holding our criminal justice system back from its full potential; we can do better than
The majority of our prison population is made up of African Americans of low social and economic classes, who come from low income houses and have low levels of education. The chapter also discusses the amount of money the United States loses yearly due to white collar crime as compared to the cost of violent crime. Another main point was the factors that make it more likely for a poor person to be incarcerated, such as the difficulty they would have in accessing adequate legal counsel and their inability to pay bail. This chapter addresses the inequality of sentencing in regards to race, it supplies us with NCVS data that shows less than one-fourth of assailants are perceived as black even though they are arrested at a much higher rate. In addition to African Americans being more likely to be charged with a crime, they are also more likely to receive harsher punishments for the same crimes- which can be seen in the crack/cocaine disparities. These harsher punishments are also shown in the higher rates of African Americans sentenced to
Women in Prison. Washington, D.C.: Bureau of Justice Statistics Varnam, Steve. Our prisons are a crime (reforming the prison system). Editorial. Christianity Today 21 June 1993
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
In 2012, the total number of inmates incarcerated in the state and federal correctional system for was 1,571,013, of which 108,866 of those inmates were females. In the last two decades, until 2009, women were the fastest growing population within the state and federal correctional institutions. Since 2009, the number of inmates incarcerated in state and federal correctional facilities has slowly declined mainly due to public policy changes in both state and federal laws. California accounted for fifty one percent of the decrease in the overall population due to the Public Safety Realignment policy that mandated a decrease in the inmate population to alleviate overcrowding; this led to a 25.5 percent decrease in the female population in California alone. (Carson & Golinelli, 2013)
2010, “Racial Disparities in Sentencing: Implications for the Criminal Justice System and the African American Community”, African Journal of Criminology and Justice Studies 4(1): 1-31, in this Albonetti’s study is discussed in which it was found that minority status alone accounted for an additional sentence length of “one to seven months.” African American defendants were “likely to receive pretrial release but were more likely to be convicted, and be given harsher sentences after conviction than white defendants charged with the same crimes.” One of the reasons behind this are the sentencing laws, it is seen that these laws are designed in a way that they tend to be harsher towards a certain group of people, generally towards the people of color than others thus leading to inequality with the sentencing
Judges allocation of outcomes is constrained by a diversity of factors; race has no weight on sentencing. What is taken into consideration is the severity of the crime and the individual’s criminal history. The judge has to consult the Constitution and a group of statutes and court rules that governs sentencing procedure in that given jurisdiction.
The Sentencing Project: Research and Advocacy for Reform. (2007) Women in the Criminal Justice System: Briefing Sheets.
Turner, Billy. 1986. “Race and Peremptory Challenges During Voir Dire: Do Prosecution and Defense Agree?” Journal of Criminal Justice 14: 61-69.
Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
Sentencing is the process by which people who have been found guilty of offending against the criminal law have sanctions imposed upon them in accordance with that particular law. The sentence of the court is the most visible aspect of the criminal justice system’s response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was 20 years ago. In the Australian context, Tasmania is below the national average of recorded crimes for the crimes of robbery, burglary and motor vehicle theft.
Be sure to address the four types of sentencing models and the issues surrounding them (equity, truth-in-sentencing and proportionality).
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
In 2011, youth of color[3] under the age of 21 represented 45 percent of the youth in the United States, but accounted for 71 percent of youth held in detention nationwide, and 66 percent of youth committed to juvenile facilities upon a determination of delinquency.[4] When the data is broken down by decision point in the juvenile justice system, it shows disparities for youth of color at every stage – arrest, referrals to juvenile court, detention, youth petitioned to juvenile court, youth placed in juvenile facilities after adjudication, and youth waived to adult court.[5] For state-by-state and county information, see this interactive online map from the Burns Institute on racial disparities in juvenile justice systems across the
There are quite a few differences between women and men’s prisons. The differences between the two are first the women’s prisons are designed and built for women, and men’s prisons are designed and built for men, there are little or no resemblances between the two. The main differences between the two are the security level which dictates the number of safety measures needed to keep the public protected from the inmates (Schmalleger, & Smykla, 2015). Women’s prisons do not have towers, high concrete walls or razor barbed wire fence their prisons are similar to a college dormitory. Institutions for women are like farms, reservations, and campuses. Although, prison life is difficult for both men and women it is much harder for men because there
This is there motivator for change. It is also recognized that female inmates have more about emotional needs. Most female inmates find out who they are for the first time in their life while incarcerated. This is the result of not being abused, not have a john or a pimp lurking around the corner waiting to use or abuse them. Male inmates, on the other hand, have to prove themselves. They are hostile and often blame others for the situation in which they find themselves. They are rarely open to accepting assistant. The male ego often gets in the way to making progress in prison. Men view seeking change as an admission that something is wrong. That admission shows weakness. Male inmates are generally very reluctant to volunteer for programs that are rehabilitative in nature. They do not feel that they need to be rehabilitated. The male population operates strictly on peer pressure, male ego and reputation. Despite the fact these programs could help them in the long run, their immediate dictate to be hard wins out. Female inmates will help each other out. They will work with one another to get through a crisis, and bond when one of them needs help, whereas men are less likely to signal that they are hurting or share the particulars of their