...344 Disparity and Discrimination When we refer to disparity vs discrimination they are similar, both meaning lack of similarity and or inequality. Even though, in the criminal justice sytsem these words have diffenet meanings. These two terms have been evaluated within the criminal justice system, the dicrimination and disparity of ethic and racial groups have been recognized for a long time by some. At sometime or other disparity maybe the result of discrimination within the justice system in some situations. Disparity refers to the inequality in all aspects within the criminal justice system, for certain groups of individuals it conists og arrest to sentencing; this nearly will always refer back to ethic and racial disparity. Racial disparity is present within the criminal justice system as the porportion of an ethic or racial group is within the control of the system are greater than the the porportion of such groups within the general population ( The Sentencing Project,2008). Even though, it may not always be a relation to intentional discrimination racial disparity has been definately established within our justice system. Discrimination is defined as a distinction based on personal characteristics of an individual resulting in some degree of disadvantage to the indiviudual ( Law Encyclopedia, 2011). In order for us to better understand the similarities and differences between these two terms researchers have recently created the discrimination/disparity continuum...
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...Cultural Diversity in Criminal Justice Brent Weaver Cultural Diversity in Criminal Justice, CJA/423 Torria Richardson 5-30-11 Cultural Diversity in Criminal Justice Society has shown racial diversity among communities. Racial disparity can be found in the criminal justice system. A system designed to be fair and equal to individuals is not existent. Racial diversity can be found at the time of arrest to the time of sentencing. The purpose of this paper is to focus on the diversity in sentencing. Case studies will be discussed throughout this paper. Leaders of criminal justice are not exempt of racial diversity. Racial diversity has changed over the years, but racial diversity remains strong in sentencing minorities. Diversity is not biased of offenses. Racial diversity can be seen in the smallest of charges, such as a traffic stop to the most serious sentence of the death penalty. Most of the sentences are because profiling an individual of minority. African Americans are likely to be the targeted racial group. Hispanic individuals are likely to be another racial group profiled for harsher sentencing. Racial disparity in the criminal justice system should always be considered a violation of ideas of the forefather’s of this nation as equal treatment under the laws of the United States Constitution. Many reasons for racial disparity can be identified in the sentencing process. The sentencing process is a difficult process, and adding racial bias may create a simpler...
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...Racial Disparity in Sentencing Racial disparity in sentencing in the criminal justice system is a problematic issue. Individuals often believe that racial disparity in sentencing does not exist; however, substantial proof in the criminal justice system proves otherwise. According to statistics of Marc Mauer, “unprecedented rise in the populations of prisons over the past three decades is a six fold increase, resulting in the incarceration of nearly two million Americans.” The breakdown of statistics is as follows: “One in every eight African-American male groups between 25-34 year old is a result of incarceration and 32% of African-American males born to society can expect to spend a term in a federal or state prison if the current racial disparity continues” (Mauer, 2004, p. 79). Four reasons of Racial Disparity The four reasons for the flourishing continuance of racial disparity in the criminal justice sentencing process are ineffective assistance of procedural bars, and council, jury selection and venue, prosecutorial discretion, and juror racism (Tabak, 1999, p. 6). Research documenting states like New York and California prosecutions have board spectrums concerning discretion seeking capital punishment; however, these four reasons apply to cases, which capital punishment is sought. “Capital punishment can be sought for intentional murders which individual may commit during the course of a felony and the intent to commit murder can be formed instantaneously before the...
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...Racial Disparities In Corrections Sherkira Lowery Eastern Michigan University Abstract Racial disparities in corrections measured by the black to white per capita incarceration rates vary from state to state, This paper will analyze the current trends and the impact incarceration has on communities of color and how criminal justice policy and practice plays a role in this. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are black or Latino, though these two groups constitute only 25 percent of the national population. Some of the greatest racial disparities in rates of incarceration happen in states in which minorities are massed in urban areas, which tend to have both higher rates of crime and greater law enforcement activity. This paper will also discuss how these incarcerations affect the offenders, public safety, criminal policies and procedures. Racial Disparities in Corrections There are many factors regarding the disproportional rates of incarceration in communities of color. Data generated by the U.S. Department of Justice predicts that if current trends continue, one out of every three black males born today will go to prison in his lifetime, as well as one of every six Latino males. The rates of incarceration for women overall are lower than for men, but similar racial/ethnic disparities...
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...Racial disparity in u.s prisons MBOGO .W. APOLLO (MOI). Professor: Institution affiliated Date: Racial disparity in prisons in America can be conceptualized as a situation where the population of a specific group of people is the most in the criminal justice system as compared to the general population. Prisons in U.S.A are a significant constituent of the criminal justice system. The main function of the American prisons is to protect society from violation of law, to rehabilitate also punish the law breakers in order to assist them to be responsible members of the society. The prisons in the state continue to grow in order to meet the demands of the correctional and the criminal justice system in general. However, the trend in the justice system, especially in the prisons, is characterized by ethnic disparity. This normally compromises the level of justice dispensation. It has been a controversial issue for several decades among the prisons in the state. Some individuals seem to defy the concept of existence of disparity in the justice system. They believe that it does not exist. For instance, statistics that were presented by Marc Mauer proved that if the argument that there existed racial discrimination in the prisons, then the extraordinary rise in the American prisons in the past three decades would be explained in six fold increase. This to him would eventually lead to incarceration of two million Americans. For instance, “one in every eight African –American...
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...The concept of disparity and discrimination has been an issue weighing on the criminal justice community for some time now. To many people, it is unclear as to whether or not they are the same thing and if not what the differences are. It is a pretty confusing concept, but with clear explanation it is easily understood. At some time or other disparity may be the result of discrimination within the justice system in some situations. Disparity refers to the inequality in all aspects within the criminal justice system, for certain groups of individuals it consists of arrest to sentencing; this will nearly, always refer to ethnic and racial disparity. Racial disparity is present within the criminal justice system as the proportion of an ethnic,...
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...Rebekah Nhim Dr. Rodriguez CHLS 350 Latinos in Sentencing Decisions and Strategies to Reduce Sentencing Rates Throughout the United States, there has been Racial Disparity that has led Latinos to be marginalized. Racial Disparity mainly exists in the criminal justice system and results from “differential treatment by the criminal justice system of similarly situated people based on race.” Many Latinos has experienced Racial Disparity in the criminal justice system when it comes to sentencing and incarceration. So the question asked is, how has Racial Disparity in sentencing decisions affect Latinos differently than those of other racial groups and what strategies can be used to reduce sentencing rates? If Latinos are continuously being viewed...
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...Race and ethnicity issues in the criminal justice system have been a pervasive and deeply concerning phenomenon. Research consistently reveals significant disparities in the treatment of different racial and ethnic groups within the system. Factors Causing the Trend One factor contributing to the disproportionate representation of certain racial and ethnic groups in the criminal justice system is the over-policing of minority communities. Law enforcement agencies often deploy more resources to neighborhoods with higher populations of minorities, leading to increased surveillance, stops, and arrests within these communities. Racial profiling, or the practice of targeting individuals for suspicion of crime based on their race or ethnicity, remains...
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...The criminal justice system uses a lot of terminology that can be hard to understand, two words commonly used are disparity and discrimination. In this essay I will define and give current examples of the terminology. I will also explain why knowing the difference between the two is important in the criminal justice system. Disparity and discrimination are similar terms. You might be asking yourself what is disparity? Disparity can be defined as a lack of similarity or equality. Diversity can be defined as the condition of having or being composed of differing elements. One current and highly controversial form of discrimination that we are facing worldwide is same sex marriages. No matter if you are for it or against it you have seen or been affected in some way by the topic. By not allowing same sex marriages to be validated we are discriminating against the gay and lesbian community. There are still many forms of discrimination that take place in today’s society; unfortunately a lot of discrimination is racially based. We also see a lot of gender based discrimination; typically men are still paid more than women for the exact same job. America is the most racially diverse demographic nation in the world. Many people working the criminal justice systems are aware of the racial disparity and would like to counteract it. Racial disparity in the criminal justice system exists when the proportion of the racial or ethnic group within control of the system is greater than the...
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...should be done about racial disparities in the sentencing of criminals? I. Thesis Statement: Racial disparities in the sentencing of criminals is a problem in contemporary society and it must be solved II. Topic Sentence HB: It is necessary to examine the history and background of racial disparities in the sentencing of criminals before considering possible solutions. A. In 1964 Congress passed the Civil Rights Act prohibiting discrimination in employment. Yet today, three out of every ten African American males born in the United States will serve time in prison, a status that renders their prospects for legitimate employment bleak and often bars them from obtaining professional licenses. In 1965 Congress passed the Voting Rights Act. Yet today, 31 percent of all black men in Alabama and Florida are permanently disenfranchised as a result of felony convictions. Nationally, 1.4 million black men have lost the right to vote under these laws. Congress also passed the Immigration and Nationality Act, which sought to eliminate the vestiges of racial discrimination in the nation's immigration laws. Yet today, Hispanic and Asian Americans are routinely and sometimes explicitly singled out for immigration enforcement. In 1968 Congress passed the Fair Housing Act. Yet today, the current housing for approximately 2 million Americans – two-thirds of them African American or Hispanic – is a prison or jail cell. (http://www.civilrights.org/publications/justice-on-trial/) B. Rather...
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...Justice System or Not? Jessica Anders Chamberlain College of Nursing Justice System or Not? According to the U.S. Justice Department, in 2003 about 10.4% of all African American men between the ages of 25-29 were incarcerated, as compared to 2.4% of Hispanic men and 1.2% on non-Hispanic White men. What is going on here? Why are black men in this age group so much more likely to be in jail than are people of white or Latino descent? Topics discussed in this paper include the most affected ethnical population in regards to criminal behavior and convictions, the difference between convictions and when/how individuals of different ethnic background are sentenced, and what the consequences may entitle based on individuals of alternate ethnical upbringing. African Americans make up 13% of the general U.S. population, yet make up 40% of all incarcerated men. While whites make up 67% of U.S. population, yet they also only make up 40% of incarcerated men. The United States has the highest incarceration rate in the world compared to other nations ("Sentencing Project," 2013). There is clearly an abundance of African American men incarcerated in the justice system as compared to men of other ethnicity (Hartney & Vuong, 2009). “If current trends continue, one in every three African American males born today can expect to go to prison in his lifetime…….,compared to one in every seventeen white males” ("Sentencing Project," 2013, p. 1) . As stated by Kirby, males of African American...
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...Introduction According to Lynch, (2008), racial discrimination in the criminal justice is said to exist when a part of ethnic or racial group within the control system is greater than the proportion of such groups in the general population. Unlawful racial disparity results from dissimilar handling of similar people by virtue of race. This may be attributed to overt trial basis or effect of factors that are indirectly linked to race. In some instances discrimination results from un-guarded, individual or institutional level decisions that are made based on race (Lynch2008). Context of the Problem According to statistics, the population of United States is made up of 13% Black population. Despite this as of 2009 blacks made up 28.3 percent of all those sentenced to life imprisonment 56.4 percent of whom were serving life without parole. Despite similar rates of drug use, Blacks are incarcerated on drug charges at a rate ten times greater than whites. Only 12% of people who use the drug are blacks, but Blacks constitute 38 % of those arrested for drug crimes and 59 % of those in state prison for drug crimes. Although both consume equivalent proportions of marijuana, Blacks are 3.73 times more likely to be arrested for being in possession of marijuana. In some counties, Blacks are 10, 15, even 30 times more likely to be arrested (Stuntz, 2011). Sentencing imposed on black males in the federal system is nearly 20% more than that imposed on their white...
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...His/her Name Customer Inserts Tutor’s Name Customer Inserts Grade Course (06, 07, 2012) Racism in criminal justice system Introduction Justice is a term that we hear a lot in our everyday life and also accept it although many of us might have a doubt as to what it truly means. Justice is the phenomenon through which we could achieve righteousness and equality. But unfortunately racism has been a common practice in the criminal justice system. Racism is actually discrimination against a group or individual based on color, social and financial status. It is something that occurs more than we notice. Many scholars believe that racism play a more important role in targeting and sentencing process in the criminal justice system and this is something which should not happen in any country no matter what. In order to understand the role that racism plays in the criminal justice system we must, first, look at the role that it plays before the criminal reaches the day of sentencing in the court. There are various publications that speak on profiling and actuarial methods which unwillingly get people into the system. Though these are two major components of the discriminatory acts that exist within the criminal justice system, it does not actually begin with these institutionalized methods. It is the laws and crime control policies that create discrimination in the system. It has been witnessed that in some instances these laws and policies are set in favor of the white people...
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...America’s Justice System: Justice for All? ENG122 English Composition II Instructor: August 26, 2013 America’s Judicial System: Justice for All? Law enforcement can be an admirable job for anyone who takes this position seriously. It is a job that has its rewards. Conflict comes to light when the differences of opinions regarding the disparities in the judicial system on all levels of law enforcement. Even though there are many whites that do not agree with the facts, the statistics show that African Americans and Hispanics are incarcerated at a much higher rate than whites. The judicial system in the United States has shown favoritism and bias towards white defendants, especially the wealthier white defendants for hundreds of years. There are racial disparities that burden our judicial system with the appearance and often the reality of unfairness. Visit any criminal trial in America today and you will see that the judge, the prosecutor, the court stenographer, the clerk, the bailiff, other various court personnel, the defense attorneys, and more often, the jurors are all white. One excellent example of these disparities would be in the recent “George Zimmerman” trial in Sanford, Florida a town who has allegedly had a history of racial violence and judicial disparities in and out of the court room (Maur, 2010). There are questions often asked, is there justice for “all” in our criminal courts and judicial system, and what is racial disparity? Some...
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...Disparity and Discrimination There are many different situations that occur within the criminal justice system. However, the ones that are being used involve court procedures and law enforcement. The situations that will be discussed are disparity and discrimination existing in the criminal justice system. In certain situations disparity can be a result of discrimination depending on the situation. There will be definitions, examples, comparison, and contrast of disparity and discrimination. The disparity consists of two factors, which are called legal and extralegal and they may not necessarily mean discrimination. The legal factor provides legitimate base explanation for the decisions on the individual’s criminal behavior and criminal record. For example, in the court when deciding on the sentence or the amount of time that the individual will have to serve based on breaking law by murder, burglary, rape, etc. Another example, law enforcement arrest a person for burglary because of the person past criminal history, and the fact that they were not too far away from the scene of the crime. In addition, the extralegal factor includes lifestyle, gender, nationality, and class status, which are not legitimate reasons to base decisions on. For example in the court, deciding whether to sentence the individual or the amount of time that individual will have to be serve will not be based on their nationality, but on statics of that population and community, and appearance...
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