disparity and discrimination

Topics: Criminal law, Police, Crime Pages: 2 (791 words) Published: May 18, 2015

Disparity and Discrimination 2
Disparity and DiscriminationThere are many different situations that occur within the criminal justice system. However, theones that are being used involve court procedures and law enforcement. The situations that will bediscussed are disparity and discrimination existing in the criminal justice system. In certain situationsdisparity 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 notnecessarily mean discrimination. The legal factor provides legitimate base explanation for the decisionson the individual’s criminal behavior and criminal record. For example, in the court when deciding on thesentence 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 arenot legitimate reasons to base decisions on. For example in the court, deciding whether to sentence theindividual 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 of the individual. Accordingto Toensing (2008), “The CERD report found “stark racial disparities” in the criminal justice system and“wide racial disparities in the areas of human rights violations, environmental racism, healthcare, housingand education”. In spite of the meanings of the factors the injustice still is visible and is used as legitimatereasons for the individuals’ incarceration or innocence. Not only is the individual being affect inside thecriminal justice system,...
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