The Impact of Racial and Ethnic Bias in Criminal Sentencing Decisions

Topics: Ethnic group, Race and Ethnicity, Crime Pages: 4 (1252 words) Published: October 1, 2010
Literature Review

Judicial bias pertaining to race and ethnicity is a controversial phenomenon that has been researched historically, and continues in contemporary society. One of the first criminologists to analyse this was Beccaria (1764) in Dei delitti e delle penne (an essay on crime and punishments), he argued that judicial process favoured the wealthy and powerful to the detriment of the less fortunate, his research had a profound impact on historical judicial process and reformation of criminal law. Since that time numerous researchers have methodically reviewed, dissected and reframed theory on judicial bias in relation to race and ethnicity in sentencing decisions. Empirical data demonstrates vast disparity and reveals a juxtaposition of conflicting theories pertaining to race, ethnicity, and sentencing outcomes. For many years, people of different racial and ethnic backgrounds have been over-represented throughout the criminal justice system. Walker (2003), Spohn (2000, 2002), Kault (2002) and DeLone (2000, 2003) have researched extensively on this topic and theorise that there are several facets of what they refer to as a “discrimination-disparity continuum.” They argue that discrimination is ‘systemic’ and experienced at each stage of the criminal justice system. For example, ‘institutionalised discrimination’ is due to the impact of policies and procedures that are implemented without discriminatory intent, and yet adversely affect minorities. Further to this is the over-policing of targeted racial and ethnic communities, Walker, Spohn, and DeLone (2003) refer to this as ‘contextual discrimination’ this then sees an exponential increase in entry into the criminal justice system and impacts on higher incarceration rates. Further research by Taxman and Byrne (2005) theorised that racial and ethnic disparity is a cumulative process prior to sentencing. They argued that this occurs due to differential rates of involvement in criminal behaviours and...

Bibliography: Beccaria (1764) Dei delitti a delle penne; An essay on crimes and punishment. Translated in 1819. http://www.constitution.org/cb/crim_pun.htm Accessed 18/11/08.
Kault, P., Spohn, C (2002) Assessing blameworthiness and Assigning punishment: Theoretical perspectives on judicial decision making. In Duffee, D and Maguire, E (eds), Criminal Justice Theory: Explicating concepts and linkages about nature and behaviour of criminal justice. Belmont, CA: Wadsworth. http://www.ncjrs.gov/pdffiles1/nij/grants/223854.html Accessed 20/11/08.
Spohn, C (2002) How do judges decide? ‘The quest for fairness and justice in punishment. Thousand Oaks,’ CA: Sage Publications http://www3.interscience.wiley.com/journal/118594874/abstract.html. Accessed 20/11/08.
Spohn, C., DeLone, M (2000) When Does race matter? An examination of the conditions under which race affects sentencing severity. Sociology of Crime, Law and Deviance 2. P.p 3-37.
Spohn, C (2000) Thirty years of sentencing reform: The quest for a racially neutral sentencing process, National Institute of Justice. Reprinted in Austin Sarat (ed), 2004. The Social Organisation of Law. Los Angeles: Roxbury Publishing. http://209.85.173.132/search?q=cache:yuYWZ_dcsIoJ:www.ncjrs.gov/criminal_justice2000/vol_3/03i.pdf+Spohn+C+thrity+years+of+sentencing+reform&hl=en&ct=clnk&cd=1&gl=au.html Accessed 22/11/08.
Taxman. F., Byrne, J.M (2005) Racial Disparity and the legitimacy of the criminal justice system.
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