Racial Disparity
Racial Disparity in Sentencing
Racial Disparity in Sentencing
Sharon Douglas
CJA/423
November 29, 2010
Robert Wertz
Racial Disparity in Sentencing Although the criminal justice system improved over the years, racial disparity and discrimination contributes to the overrepresentation of minorities in prison. Currently, the United States is one of the most racially and ethnically diverse nations (Scully, 2000). However, Caucasian is still the predominant race in American society, and statistics show judges sentence minorities to prison more than Caucasians, who committed the same crime. Clearly, studies reveal race is still an influential component in this country’s criminal justice system. Consequently, racial disparity is highly apparent in sentencing (Scully, 2000).
Racial Disparity and its Contributors Racial disparity reveals the differences between groups represented in society (Rivera, 2010). “Racial disparity in the criminal justice system occurs 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” (Sentencing Project, 2000, p. 1). In a sense, racial disparity identifies the differences of one person from everyone else. Therefore, disparity considers all variables that help classify individuals in categories (Karen, 2010). Four reasons exist and cause racial disparity to prosper in the criminal justice system. The contributors are venue and jury selection, ineffective assistance of counsel and procedural bars, prosecutorial discretion, and the dominance of racist jurors (Misha, 2005). As for prosecutorial discretion, a Caucasian who committed a white-collar crime will not spend a day in jail, whereas a minority offender who committed a street crime will suffer harsh penalties. Ineffective assistance of counsel obviously shows that the defense attorney failed to represent the defendant vigorously. Jury selection and venue are
Racial Disparity in Sentencing
Sharon Douglas
CJA/423
November 29, 2010
Robert Wertz
Racial Disparity in Sentencing Although the criminal justice system improved over the years, racial disparity and discrimination contributes to the overrepresentation of minorities in prison. Currently, the United States is one of the most racially and ethnically diverse nations (Scully, 2000). However, Caucasian is still the predominant race in American society, and statistics show judges sentence minorities to prison more than Caucasians, who committed the same crime. Clearly, studies reveal race is still an influential component in this country’s criminal justice system. Consequently, racial disparity is highly apparent in sentencing (Scully, 2000).
Racial Disparity and its Contributors Racial disparity reveals the differences between groups represented in society (Rivera, 2010). “Racial disparity in the criminal justice system occurs 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” (Sentencing Project, 2000, p. 1). In a sense, racial disparity identifies the differences of one person from everyone else. Therefore, disparity considers all variables that help classify individuals in categories (Karen, 2010). Four reasons exist and cause racial disparity to prosper in the criminal justice system. The contributors are venue and jury selection, ineffective assistance of counsel and procedural bars, prosecutorial discretion, and the dominance of racist jurors (Misha, 2005). As for prosecutorial discretion, a Caucasian who committed a white-collar crime will not spend a day in jail, whereas a minority offender who committed a street crime will suffer harsh penalties. Ineffective assistance of counsel obviously shows that the defense attorney failed to represent the defendant vigorously. Jury selection and venue are
References: Camacho, W. (2009). Racial disparity in sentencing. Retrieved from http://www.mightystudents.com/essay/Racial.Disparity.Sentencing.49083 Karen, W. (2010). Disparity and discrimination. Retrieved from http://www.associatedcontent.com/article/1514109/disparity_and_discrimination.html?singlepage=true&cat=17 King, R. D., Johnson, K. R., and McGreever, K. (2010). Demography of the legal profession and racial disparities in sentencing http://www.law.duke.edu/shell/cite.pl?61+Law+&+Contemp.+Probs.+153+(Autumn+1998) Misha