Disparity and discrimination essay

This was illustrated by Payne It predominantly refers to racial and ethnic disparity. In contrast, discrimination sentencing exists when characteristics that are irrelevant to the defendant, such as skin color, or gender have an affect on the sentence that was imposed after all legal variables were taken into consideration.

When defining sentencing disparity there are three types; Interjurisdictional; judges in different jurisdictions sentence similarly situated offenders differently. Racial disparity has been definitively established, though it may not always be related to intentional discrimination.

Disparity and discrimination are at times used interchangeably; however, these terms do not have the same meaning. It exists when two offenders who have identical criminal histories and each committed and are convicted of the same crime; however, the judge imposes a different sentence for each offender or when a judge imposes the same sentence for two offenders whose prior crimes and criminal records are completely different from each others.

Judges should be bound to follow the guidelines of the law when it comes to sentencing offenders. An example of discrimination sentencing; suppose there are two year- old men who have been convicted for burglary.

Disparity And Discrimination

Disparity is a difference in treatment or outcome that does not necessarily result from intentional bias or prejudice. However, there is a difference in these meanings in the context of the criminal justice system.

Discrimination, on the other hand, is differential treatment of individuals based on irrelevant criteria, such as race, gender, or social class Kathleen Daly and Michael Tonryp. Intrajurisdictional; judges in the same jurisdiction sentence similarly situated offenders differently and Intrajudge; an individual judge makes inconsistent sentencing decisions Kathleen Daly and Michael Tonryp.

Although racial disparity has not always been intentional discrimination, it has definitively been verified. Judges who use discrimination while sentencing, leads to lawlessness sentencing. Racial disparity in the criminal justice system is present when the proportion of a racial or ethnic group within the control of the system is greater than the proportion of such groups in the general population The Sentencing Project, Kathleen Daly and Michael Tonry In forming a perception of them, we place them in pigeon-holes, adapting our behavior and attitudes to them in terms of the slots into which we have placed them Payne, Sentencing disparity and discrimination.

When the sentencing process is applied, disparity occurs when two people have similar offences yet each are sentenced differently or when different offenders receive the same sentence. Payne G Ed Social Divisions.

For instance, minority defendants are more likely to be poor and therefore less likely to be represented by private attorneys or be released before trial Law Encyclopedia, Extralegal factors include race, class, and gender.

It exists when a Hispanic or an African American offender receive a much harsher sentence than that of a white offender or when an offender that is poor receives a more punitive sentence than a wealthy offender.

These are not legitimate causes to base decisions, because these factors only relate to group membership rather than criminal behavior Cliffnotes, Discrimination, on the other hand, is a distinction based on the personal characteristics of an individual resulting in some disadvantage to that individual Law Encyclopedia, When evaluating these terms as they relate to the criminal justice system, disparity and discrimination of racial and ethnic groups has been recognized by many for some time.

The reasons are complicated as to why one judge in a certain jurisdiction may impose a different sentence to similar offenders. While a African American male who happens to be unemployed receives a sentence of 2 years in prison. In A model for prison change pp.

These elements range from systematic discrimination, institutionalized discrimination, contextual discrimination, individual acts of discrimination, and pure justice Law Encyclopedia, There are five elements on the spectrum, ranging from the highest levels of discrimination to no discrimination at all.

Although, these may not be cases of intentional discrimination, studies have shown that there is sufficient evidence that, controlling for other relevant factors, African Americans and Latinos are more likely to be incarcerated than whites and, and in some jurisdictions, receive longer sentences The Sentencing Project, In Gender Race and Sentencing p.

They should not be free to hand out sentences as they see fit. When considering discrimination in the court system, there is a distinctive composition of racial and economic structure in the United States that systematically put people of color at a disadvantage, and some of these disadvantages carry over to the criminal justice system.

Disparity and Discrimination Essay Sample

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Disparity and discrimination essay
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