Preview

Racial Disparity in Sentencing

Powerful Essays
Open Document
Open Document
1259 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Racial Disparity in Sentencing
Racial Disparity in Sentencing Racial Disparity in Sentencing Racial disparity within criminal sentencing is a negative aspect supported within the American criminal justice system. Racial disparity is an ongoing epidemic that spans from law enforcement officers to state and Federal justices. Racial disparity within criminal sentencing will be identified, dissected, and thoroughly examined. The negative effects of racial disparity, racial profiling, and supported biases will also be highlighted. Identifying Supported Biases within the Criminal Justice System “Racial bias by the police includes such things as racial profiling of motorists, racial prejudice among police officers, and discriminatory treatment of minority individuals and minority neighborhoods” (Weitzer, 2005, p. 1009+). A negative aspect in correlation to the mistreatment of minorities within American society is the domino effect that fallows the majority of individuals after he or she is taken into custody. Racial disparity and supported biases projected toward minority offenders is common within the criminal court system. Based on the race, color, or creed of the offender the level of sentencing fallows a more stringent basis than sentencing terms for an individual who is Caucasian throughout Northern America. Targeting Minority Groups: Sentencing Structure “Racial profiling is common on the nation 's highways and streets and in its airports. State troopers and local police routinely harass and occasionally assault black and Latino drivers and male residents of inner-city neighborhoods” (Kaminer, 1999, P. 20). A small portion of Federal, state, and municipal law enforcement officers, prosecuting attorneys, and justices support biases projected toward minority citizens. Unfortunately, within the majority of jurisdictions throughout America suspected minority suspects are


References: Federal Bureau of Investigation. (2010). FBI: Uniform Crime Report: National Arrests by Race, 2010 Table 43. Retrieved December 15, 2011, from FBI-CISU Home: http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/tables/table-67/10tbl67a.xls Hoopes, Jennifer, Tara Lai Quinlan, and Deborah A. Ramirez. "Defining racial profiling in a post-September 11 world." American Criminal Law Review Summer 2003: 1195+. Gale Opposing Viewpoints In Context. Web. 15 Dec. 2011. Tuch, Steven A., and Ronald Weitzer. "Racially biased policing: determinants of citizen perceptions *." Social Forces 83.3 (2005): 1009+. Retrieved from University of Phoenix, rEsource Gale Opposing Viewpoints In Context. Web. 3 Dec. 2011.

You May Also Find These Documents Helpful

  • Good Essays

    Richard Banks wrote this law review which was published in 2001. Mr. Banks is a law professor at Stanford Law School and has published several articles on the subject of racial injustice. This article discusses how the use of race-based suspect descriptions disparately impacts innocent members of society that happen to share the same race as suspects. The author discusses how racial profiling has been condemned but law enforcement is using the practice of race-based suspect description without any scrutiny. This article specifically focuses on the impacts this practice is having on African Americans. Mr. Banks calls into question the colorblindness of the equal protection doctrine. He asserts that race-based suspect descriptions lead law enforcement…

    • 179 Words
    • 1 Page
    Good Essays
  • Best Essays

    A stage-level analysis is the examination of disparities at each different stage in the judicial process. Wooldredge argues that disparate treatment of races during the stages of their case processing may help account for large variation in incarceration between different racial/age demographics. Over 5,000 felony cases from urban areas in Ohio were included in his study. Specifically, Wooldredge analyzed how race’s impact on sentencing changed when controlling for legal and extra-legal factors such as age, sex, employment status (2012). The study found that there was no significant difference in sentencing between African Americans and Caucasians when controlling for the severity of the crime committed. However, Wooldredge argues, that does not mean there is no racial bias in the process as a whole. Disparities in the treatment of minorities’ early stages of their case process could certainly account for differences in sentencing severity and rates. Black males between the ages of 18 and 29 receive much harsher treatment in the pre-trial stages. They are less likely to be released on their own recognizance and their bail is likely to be higher than their white counterparts. The author concludes hypothesizing that the differences in pre-trial treatment of black and white defendants are likely connected to sentencing disparities.…

    • 3561 Words
    • 15 Pages
    Best Essays
  • Better Essays

    In terms of motorists, in 2005 Black drivers were three times more likely to be stopped and searched by police than Whites, and were twice as likely than White drivers to be arrested during a traffic stop (“Reality of Racial Profiling”). These findings demonstrate that police are more likely to target people of color than Whites and case studies have shown that this practice is counterproductive and a misallocation of law enforcement resources. For example, in Arizona although Black motorists were more likely than Whites to be stopped and searched, Whites who were searched were more likely to be carrying contraband (“Reality of Racial Profiling”). The case study in Arizona exemplifies a problem in the criminal justice system that must be addressed. Minority motorists are more likely than White motorists to be stopped and harassed by police based off the inherent belief that people of a minority race, ethnicity, or religion are more likely to engage in criminal or unlawful activity than…

    • 1380 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Race-based theory plays a major role in predicting substantial and institutionalized discrimination that is always aimed at minorities within the systems of criminal justice. Racial discrimination in the criminal systems is mainly carried out by police, judges in the courts and agencies which carry out corrections in the United States. Evidence of criminal discrimination against African Americans and Hispanics found in the United States highlights some of the discrimination incidences that the minorities go through. Discrimination against minorities is popularly explained as a purpose of little position of their socioeconomic actions rather than indigenous or racial status. There are two race-based conflict theories which address the discrimination…

    • 139 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Did you know that an appalling, unconstitutional and pernicious attack happens continuously in today’s society against innocent citizens and nobody does anything about it? This practice is called racial profiling. Mr. Bob Herbert, a journalist for the New York Times, discusses this in his article, “Hounding the Innocent”. This article is an insightful and informative. He informs his readers about many actual situations of innocent citizens becoming victims of this cruel practice. Mr. Herbert is correct, racial profiling is unnecessary and hurtful or is sickening and should not even exist. Racial profiling is the practice of using one’s skin color as evidence for grounds of suspicion. How can one say that this practice is fair? Racial profiling should be eliminated; it is insensitive, unconstitutional and has a detrimental effect on society.…

    • 643 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Racial Profiling is a controversial law enforcement practice that brings about numerous complex ethical and policy considerations. As defined by report for the Department of Justice (Tamir 2009), racial profiling is “any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads police to a particular individual who has been identified as being, or having been, engaged in criminal activity.” Generally, the use of race in conjunction with other evidence has been a common method of investigation for law enforcement officials. However, the use of race in targeting potential suspects has been the center of a complex legal and ethical debate. Specifically, the debate surrounding racial profiling offers the issue of the proper use of race in targeting a suspect in a criminal investigation. Though the use of race can be important in investigative and law enforcement tactics, the practice of racial profiling leads to the potential of abusive actions by law enforcement in the pursuit of apprehending criminal suspects.…

    • 1414 Words
    • 5 Pages
    Better Essays
  • Good Essays

    stop and frisk policy

    • 761 Words
    • 4 Pages

    1. BIAS IN POLICE STOPS? In the late 1990s, popular, legal, and political concerns were raised across the United States about police harassment of minority groups in their everyday encounters with law enforcement. These concerns focused on the extent to which police were stopping people on the highways for “driving while black” (seeWeitzer 2000; Harris 2002; Lundman and Kaufman 2003). Additional concerns were raised about racial bias in pedestrian stops of citizens by police predicated on “zero-tolerance” policies to control quality-of-life crimes and policing strategies concentrated in minority communities that targeted illegal gun possession and drug trafficking (see Fagan, Zimring, and Kim 1998; Greene 1999; Skolnick and Caplovitz 2001; Fagan and Davies 2000, 2003; Fagan 2002; Gould and Mastrofski 2004).…

    • 761 Words
    • 4 Pages
    Good Essays
  • Best Essays

    Kansal, T. (2005, January). Racial disparity in sentencing: A review of the literature. Retrieved from http://www.prisonpolicy.org/scans/sp/disparity.pdf…

    • 2668 Words
    • 11 Pages
    Best Essays
  • Good Essays

    Profiling has been a method to address security airport’s concerns during the past fifteen years; this method was implemented in order to prevent another tragedy after 9/11. No matter what, safety always comes first, and while it is very understanding why people would not like the government judge them by the way they look, or how they behave, surely everyone appreciates the safety that profiling provides. Nonetheless, this method is not even close to being popular among people, that’s why is essential to understand how it works, which we will discuss later in this essay. We will also talk about what happen to those people that are identified as criminal through profiling, and…

    • 882 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Statistics continue to reflect issues of disparity and discrimination within the American criminal justice system. The issues that affect the enforcement of laws and government policy can result in justice for the safety of society and/or justice that will single out members of society. With the diverse population living in the United States, stereotypical judgments and attitudes can influence and possibly overwhelm the direction of the criminal justice system. The American system of criminal justice is thought to…

    • 901 Words
    • 4 Pages
    Good Essays
  • Good Essays

    To what degree can ethnicity or race be utilized to target innocent individuals for stops, searches, and arrests? Although racism has always existed, through the past decade it has become more apparent. The United States has constantly fought difficult battles to put a stop against racism and discrimination. A numerous amount of faultless lives and liberties have been lost in search for racial equality. Unfortunately, racial profiling has become a more serious controversial issue in law enforcement practices that has reached public attention.…

    • 172 Words
    • 1 Page
    Good Essays
  • Good Essays

    Racial Profiling

    • 553 Words
    • 3 Pages

    Summary: In “You Have the Right to Remain a Target of Racial Profiling,” syndicated columnist Eugene Robinson tries to impress upon his readers that racial profiling is still utilized by today’s police force. Mr. Robinson utilizes statistics from the U.S. Department of Justice, Bureau of Justice Statistics, to make his point. These statistics are taken from the Federal criminal justice system. Based on these statistics, he states that minorities (primarily blacks) are at least twice as likely to have their vehicle searched on a routine traffic stop. Mr. Robinson further points out the fact that minorities are statistically more likely to receive a citation, where whites are more likely to receive a verbal warning. Finally, Mr. Robinson…

    • 553 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The judging of an individual’s character by their race did not become relevant because of the Rodney King beating, the attacks on the World Trade Center, or the illegal aliens crossing the Mexican border. Racial Discrimination has been a reoccurring issue for centuries. Throughout time, these judgments and discriminations have led to unwarranted searches, racial riots and unjust prosecutions. Racial Profiling not only adds to this overwhelming issue but is upheld by the U.S. government and prominent leaders. Racial profiling has caused divisions between black men and the police, negative effects on immigration and race relations, and false imprisonment, further proving that racial profiling is not defensible public policy.…

    • 1356 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Today’s incarcerated youth is made up by two-fifths African-American and one fifth Hispanic. Today’s minority youth are facing stricter punishment than their white counterparts, resulting in a larger number of minority youth jailed. The article, “Preliminary Report on Race and Washington’s Criminal Justice System” (Anonymous, 2012), states that “African-Americans are over represented in the prison population because they commit a disproportionate number of crimes”. This seems to be an unfair judgment due to the fact that minorities are more than two times more likely to be searched or stopped for any kind of criminal activity based on the color of their skin. For example, “among felony drug offenders, black defendants were 62% more likely to be sentenced to prison than similarly situated white defendants.” (Anonymous, 2012) Also once convicted, African-Americans were 21% more likely to receive harsher punishment compared to white offenders with a sentence that is 10% longer than white offenders that committed similar offences. Racism in our judicial system are present at different stages of our criminal justice system including but not limited to arrest, charging, conviction, and imprisonment. According to recent research, done by the Department of Education, minority students made up more than 70% of arrested youth in the 2009-2010 school year. Young African-Americans have a higher rate of youth incarceration and are more likely to be imprisoned as adults than white…

    • 1842 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Post Racial America

    • 2996 Words
    • 9 Pages

    The term “racial profiling,” which was introduced to criticize abusive police practices, carries connotations of illegitimacy. In a typical approach, Ramirez et al. (2000) define profiling as “any police-initiated action that relies on the race, ethnicity, or national origin, rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity.” This definition captures a pre-theoretical notion many people have. Crucially, this definition contrasts the use of race, ethnicity, or national origin with the use of an individual’s behavior or information that helps apprehend somebody who has been identified as being, or having been, engaged in criminal activity. Including this contrast in the definition raises two problems. First, it mentions a feature of investigative methods, namely, the use of race, ethnicity, etc., whereas it mentions both a feature of investigative methods (“rely on information pertaining to individuals”)…

    • 2996 Words
    • 9 Pages
    Powerful Essays