...Disparity and Discrimination Ilka McCoy CJS/221 November 02, 2015 Ben Harm Disparity and Discrimination Disparity in criminal justice means inequity of arrests and sentencing for certain groups of people based on race, religion, color or sexual preference; it almost always refers to racial and ethnic disparity. Racial disparity has been definitively verified, though it may not always be related to intentional discrimination but due to the impact of the media and social networks this seems to be the main focus. Some of the stronger legal factors involved in racial disparity include severity of the offense and previous criminal record and personal history of the offender in question. Discrimination is an ugly factor of today's society, because it is the unfair treatment of one group opposed to another. For example one may dislike a person based on the color of their skin, sexuality or gender. In current situations that we have all witnessed in the media we have seen many incidents that involved white police officers and African American victims. I say victims because this is what has been presented to us by the media, and all we had for information was what was written in the paper or reported on T.V., there was no information that would show a timeline of the events that led to the situations. Recently in current events we have seen several cases in which white officers have been accused of using extreme force and in most cases the victims have been African American. The...
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...Disparity and Discrimination Paper Freddy Towe CJS/221 May 9, 2016 Dr. Sheila Toppin This paper will examine the definition of disparity and discrimination as it pertains to criminal justice. I will also give examples of each to illustrate what each means. I will say that in gathering data for this report I have found was quite surprising to me. Disparity is defined as a large difference between two things. In criminal justice it can mean things like the difference between arrest rates between races. In 2010 there were seven million sixty-six thousand one hundred and fifty-four caucasian subjects arrested which equated to sixty-nine percent of all persons arrested. The same year two million eight hundred forty-six thousand eight hundred sixty-two african americans equating to twenty-eight percent. (FBI, 2011) This is a disparity in itself when you look at these numbers it shows forty-one more caucasians were arrested in 2010. However, when you look at the census records and the number of caucasians and african americans you see another disparity. The numbers flip when you look at the population ratios. What you find is seven percent of the total population of african americans compared to three percent of caucasians. Not exactly what I thought I would see. As this shows the same numbers shows a disparity in two different ways depending on what fact you are wanting to say. There are more caucasians arrested each year however there is a larger number of the african...
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...Disparity and discrimination paper Jesse Wilkie CJS/221 Frank Merenda 8/21/2015 Disparity and discrimination Within the criminal justice system there are various situations that take place. Nevertheless, the ones that are actually used include court procedures and law administration. Circumstances that will be deliberated on within this paper are disparity situations and discrimination situations. Depending on the situation, disparity can result in discrimination. Further included will be definitions, examples and comparing as well as contrasting of discrimination and disparity. The two factors referred to as legal and extralegal are the factors in which disparity consist of. These factors don’t essentially mean discrimination. Provided by the lawful factor are valid explanations for the judgments made on the person’s unlawful behavior and felonious record. An example of this would be once an individual is in court and the judge is determining the sentence or how much time that the person will have to serve based on the crime which could be murder, burglary, rape, etc. Another example would be an individual being arrested for breaking and entering or burglary based on their past unlawful history, and the fact that they were in the area where the crime took place at the time that...
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...Juvenile Offenders Paper Race, Ethnicity, Social Structure, and Crime/CJS/221(BSGZ1HW7T1) August 31, 2015 Race v. Crime Early in this nation, crime was mostly blame on the poor, especially the ones that were new comers to America. It may appear dangerous because of the fact that many of these individuals came from different cultural, ethnic and religious backgrounds. In the late nineteenth century, each wave of immigration that brought newcomers were threatening a new crime wave. From the beginning, juvenile justice engage in class favoritism that resulted to poor children being process through the system while middle class children were excused. Poverty with dangerousness has continued until the present day. It is especially expressed with the fear of gang behavior and violence from African American and Hispanic poor children. A number of black males are committed to civility and law abiding behavior. Often they have a hard time convincing others of this, because of their skin color, age, gender, appearance and general style of self-presentation. However, young women of color, and the minority girls often grow up in the very different from those of the white females. Because of poverty and racism, which go hand in hand, these girls are force to participate in violence, drug abuse and physical abuse. They are also to be likely attracted to gang membership as well. Overall, female arrest rates tend to increase slightly compared to males. Juvenile Crime Percentage Rates ...
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...Jury Selection Process Paper Amber Spencer CJS/221 August 24, 2015 Stephen Humphries The disparity in the jury selection process has been present in the United States for centuries. The jury is a very important part of the justice system, even though many cases are settled by the plea deal and never make it in front of a jury. The cases that seem to end up in front of a jury are very high-profile crimes that have long prison sentences or even the death penalty on the table. What the jury was developed for was to provide "the criminal defendant's fundamental protection of life and liberty against race and color prejudice" (McCleskey v. Kemp pg. 279). In the early 1800's only white men were allowed to serve on a jury. In 1880 in the case of Strauder v. West Virginia, the supreme court found that it was violating a clause under the Fourteenth Amendment by excluding African-Americans from the jury pools because of their color alone was causing a great deal of harm to the African American population. In the case of Neal v. Delaware, which occurred only a few years after Strauder v. West Virginia. The courts stated that they were not allowing African Americans to the Jury pool because they were not meeting the criteria of intelligence, moral integrity, and experience. The same issues arise for any Hispanic personal as well. Even though they technically fell under the same guidelines as the Struater v. West Virginia by violating the fourteenth amendment by not allowing them...
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...1 Disparity and Discrimination By Jennifer Cruz CJS/221 8/7/15 Alan Hazen 2 Disparity and Discrimination In a prejudice world, it’s important to note the differences between disparity and discrimination, but especially when serving justice in the courts. Everyone regardless of color, sex, sexual orientation, race, and religion are entitled to fair treatment, but it doesn’t always happen that way. In this paper examples will be given of the unfair treatment towards certain race of people, and what the consequences of that treatment is. It will also explain a situation of which disparity exists, why, and how it all relates to the criminal justice field. Disparity Disparity is a situation which a particular group of people are involved. A good example would be the incarceration rate of black men, compared to any other race. Would is the cause of this? When looking at the statistics of disparity in crime, we learn many things. Who is effected the most, which race, class, or sex is most likely to be arrested, and then the next question is why? Why are black men more likely than men of other races to be incarcerated despite blacks making up only 13% of the population? And what can we do to make it fairer towards everyone regardless of what they are? These are important questions to ask when regarding race in the criminal justice field. Discrimination Discrimination is treatment that is different between different groups of people, such as religious groups, groups of...
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...Patterns of Discrimination in Police Agencies Paper Danielle Hill CJS/221 June 20, 2016 Ebony Pullins-Govantes Patterns of Discrimination in Police Agencies Paper Discrimination is the act of treating an individual different based on the way you perceive them to be, instead if their individual behavior and qualifications. The criminal justice system has multiple example of the discrimination that will assist me in illustrating my point. It wasn't until the 1960's that blacks were hired as officers because southern states didn't think to hire African Americans. The other police departments that decided to hire black officers made sure they had strict restrictions and stipulations. One restriction was that if you were an African American officer you were not allowed to arrest Caucasians. In most of the Northern police departments, blacks were required to only police the black neighborhoods instead of where the whites resided. This example are the types of discrimination that occurred within employment of the criminal discrimination also involved airlines. Female ma were only hired to be flight attendants because this wasn't a job for a man. Men were hired mainly to be managers and leaders of a company and woman were hired to do more office like duties, such as being a secretary. They didn't view the résumé of an individual first and their treatment was solely based on someone's personal beliefs and opinion. Currently, in the police agencies and...
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...FURMAN V. GEORGIA Furman V. George Case Aldeen Dillon CJS/221 Mr. A. Hazen Furman was burglarizing a home when discovered by a member of the household, then tripped and fell. The gun accidentally went off and killed the victim. Should the death penalty be handed down or is it a violation of the eight and fourteen Amendments? In the Furman V. Georgia case, the occupants work in the light to encounter William Henry Furman burglarizing their home. At trial Furman said he was trying to escape, he stumbled and fell and the gun that he was carrying went off accidentally and killed the occupant. His statement contradicted what he said before to the police; he said that he turned and blindly fired a shot while trying to escape. Furman was tried for murder and was found guilty based on his on testimony. He was sentenced to death, but the punishment was not carried out. As a civilized society, we ought to have in placed a system by which we protect our citizens from criminals who seek to do harm to the public. We have had a long history of trials and errors from incarceration in dungeons and jails, to capital punishment. Carried out by hanging, beating, and burning, sacrificing, lethal injection, electric chair, and the list goes on. The writer do believe that harden criminals who commit the most heinous crimes warrants that most severe punishments. However, it must be empowered with a blind eye for discrimination and other arbitrary ways of thinking. In...
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...Patterns of Discrimination in Police Agencies George Phillip CJS/221 October 13, 2015 LaTishia Wheaton Introduction Purpose Different Forms of Discrimination Patterns Discrimination refers to the arbitrary denial of opportunities, rights and privileges on the basis race, gender, sex and other aspects. Discrimination can be both legal and illegal depending on the situation. In a real-estate contract, for example, a land lord can legally discriminate against someone depending on the applicant’s situation. If the rent contract mentioned “NO PETS”, the landlord can deny the applicant and then turn around and accept an applicant with no pets. If the landlord on the other hand, refused rent to a female applicant because of her gender and gives rent to a male applicant, this type of discrimination is illegal. Discrimination is classified into individual discrimination, institutional discrimination and structural discrimination. In this paper, we will define each form of discrimination and compare them to see differences and similarities they have. In this paper, we will talk mainly about racial discrimination however, keep in mind all three forms of discrimination apply not only to race but also to gender, ethnicity, sexual preferences, religion marital status and other things. Institutional Discrimination Institutional Discrimination is defined as unjust and discriminatory mistreatment of an individual or group of individuals by society and its institutions as a whole...
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...Joshua Steven Duarte CJS/221 June 20, 11:59 PM Ben Harm (Instructor) Patterns of Discrimination in Police Agencies Paper Introduction: Discrimination is the unjust or prejudicial treatment of different groups of people or things because of their race, gender, ethnicity, or belief. Sense the founding of the United States and even well before it, discrimination has been the source or strife and conflict in society. Whether this is because of one side’s belief of racial superiority or because of cultural diversity, the fact remains that it is a problem that continues to exist even today. One area I think that bares special mention to how discrimination has continued to exist to this extent is the criminal justice system. Sense the day the Emancipation proclamation was first declared in 1863 to the era civil rights movement (1954-1968), we’ve made many strives in accepting numerous cultures, but where does that leave today? There are three areas of discrimination that bare special intention, institutionalized discrimination, contextual discrimination, and individual acts of discrimination, what they mean and how they compare with the concept “pure justice”. Pure justice is the conceptual belief that there is no discrimination at any place or time in the criminal justice system. But does such a principle exist in the world of criminal justice...
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...HOLLOW AVOWALS OF HUMAN RIGHTS PROTECTION – TIME FOR AN AUSTRALIAN FEDERAL BILL OF RIGHTS? JULIE CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity...
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...James Kent | December 13, 2013 Jerry Coleman | Constitutional Law | Prof. James Kent | December 13, 2013 SHORT TITLE: FREEDOM OF SPEECH Freedom of Speech FIRST AMENDMENT PROTECTIONS Unit 2 Assignment Jerry Coleman LS305 Constitutional Law Prof. Judge J. Kent Kaplan University January 10, 2014 FREEDOM OF SPEECH FIRST AMENDMENT PROTECTIONS BY JERRY COLEMAN JANUARY 10, 2014 INDEX 1. COVER PAGE 2. TITLE PAGE 3. INDEX 4. PURPOSE 5. THEORY 6. FREEDOM OF SPEECH: UNALIENABLE RIGHT? 7. HISTORICAL PERSPECTIVE 8. CASE LAW 9. CURRENT LEGISLATION AND ITS EFFECT ON THE FIRST AMENDMENT 10. CONCLUSION’ 11. REFERENCES PURPOSE The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States. THEORY The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The Constitution’s Bill of Rights (Amendments...
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...Useful Tool in E-Crime Prosecution? Executive summary This paper sought to examine whether the Fraud Act 2006 could be a useful tool in the prosecution of e-Crimes. It turns out that crimes on the computer net works and other electronic forms have been prevalent for more than two decades without being successfully prosecuted in majority of cases. The Thefts Acts 1968 and 1978 had inadequacies to deal with the kind of offences possible on the electronic forms. Hence, to avoid continual amendments to Theft Acts which could not have retrospective effect, Fraud Act 2006 has been enacted with sweeping changes to enable prosecutions of e-Crimes. Fraud Act 2006 has removed the shortcomings of the Theft Acts within the context of e-Crimes. Although the Act is portrayed to be a little harsh on the one hand, in comparison with the Theft Acts, the Act is certainly equipped as a better prosecution tool to deal with e-Crimes, on the other.. Table of Contents Chapter No | Particulars | Page No | | Executive Summary | 1 | 1.0 | Introduction | 3 | 1.1 | Background | 3 | 1.2 | Aims and Objectives | 14 | 1.2.1 | Aim | 16 | 1.2.2 | Objectives | 16 | 1.3 | Conclusion | 16 | 2.0 | Literature Review | | 2.1 | History behind Fraud Act 2006 | 17 | 2.2 | Fraud Act compared to earlier law | 20 | 2.2.1 | Fraud by false representation | 22 | 2.2.2 | Section11 Obtaining Services Dishonestly | 28 | 2.2.3 | Fraud as a conduct crime | 31 | 2.2.4 ...
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...Bombay High Court 1 1862 - 2012 A Journey of 150 Years through some Memorable Judgments Part 1 2 PREFACE A tiny kernel of an idea planted by Justice Mridula Bhatkar took root, and has resulted in a humble effort to present before you a compendium of the crux of some of the judgments of the Judges who have served the Bombay High Court since its inception in 1862.1 The initial idea was to document one judgment of the First Court from each year which was modified to include a judgment of the Bombay High Court of each year. I soon realized that it was too expansive an idea to merit a single judgment a year. I could collect and collate, as many as ten judgments which would qualify to show the development of the law we desired to portray. Having found too vast a number of such judgments, I had to settle at a more reasonable figure of about five judgments each year to showcase the progress this Court has made from its illustrious beginnings. Our Chief Justice Mohit Shah and our Justice Chandrachud wholeheartedly supported the idea to complement the Book published on this the sesquicentennial of our Court. As the number of Judges grew, fewer judgments of each Judge would be selected as illustrations. These judgments are not the only path-finding groundbreaking ones; they are also ones with simplicity and legal elegance. The number of judgments we settled upon just would not permit all deserving judgments to be compiled; only a few have been picked from each year as the first in...
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...OFFICIAL CATALOG This Catalog contains information, policies, procedures, regulations and requirements that were correct at the time of publication and are subject to the terms and conditions of the Enrollment Agreement entered into between the Student and ECPI University. In keeping with the educational mission of the University, the information, policies, procedures, regulations and requirements contained herein are continually being reviewed, changed and updated. Consequently, this document cannot be considered binding. Students are responsible for keeping informed of official policies and meeting all relevant requirements. When required changes to the Catalog occur, they will be communicated through catalog inserts and other means until a revised edition of the Catalog is published. The policies in this Catalog have been approved under the authority of the ECPI University Board of Trustees and, therefore, constitute official University policy. Students should become familiar with the policies in this Catalog. These policies outline both student rights and student responsibilities. The University reserves the right and authority at any time to alter any or all of the statements contained herein, to modify the requirements for admission and graduation, to change or discontinue programs of study, to amend any regulation or policy affecting the student body, to increase tuition and fees, to deny admission, to revoke an offer of admission and to dismiss from the...
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