Sentencing Disparities And Race On Criminal Sentencing

Introduction Sentencing disparities as a result of an individual’s race or ethnic background, has been one of the most frequently investigated topics in criminological research. (Mitchell, Mackenzie 2004). Several studies have attempted to understand the impact of the offenders’ race on criminal sentencing but there has been variation in the results- some of studies concluded race does effect sentencing regardless of the legal variables; some studies revealed it does not; while other studies concluded that race does impact sentencing when coupled with other factors. (Pratt 1998). Research has revealed that sentencing disparities by race are a result of the type of criminal offense as the variable to the impact on sentencing decisions. The implications of sentencing disparities by race suggests that minority individuals are targeted more frequently in the criminal justice system. Accordingly, there is a clear need to explore all possible variables that may create sentencing disparities for minorities. The current study will fill some of the void of former research by exploring sentencing disparities among a large sample of gang members and non-gang members who were sentenced to prison for serious crimes in the state of California. Specifically, the study is interested in examining whether gang members become targeted by law enforcement personnel because of their gang related activities, or because of their race. The focus of this study is necessary because consist racialShow MoreRelatedSentencing Of Sentencing And Sentencing Essay920 Words   |  4 PagesIntr oduction Sentencing bias occurs in most of the court cases in the United States of America. Sentencing bias can include races such as Hispanic/Latino, Asian Americans, White Americans, and Native Americans. This brings us to talk about sentencing disparities? In which a court case trial is not treated the same or it is treated differently than other cases. However, who faces the most disparities in sentencing? Could it be African American’s who face’s the most trends and Asian American’s theRead MoreRacial Disparity in Sentencing1728 Words   |  7 PagesRacial Disparity in Sentencing Lori Raynor University of Phoenix Cultural Diversity in Criminal Justice CJA/423 Ron McGee September 06, 2010 Abstract In this paper I will illustrate racial disparity in sentencing in the criminal justice system. The causes of racial disparity and the reasons it is on the rise, the research statistics, and the proposed solutions are discussed. Racial Disparity in Sentencing The intersection of racial dynamics with the criminal justice systemRead MoreThe Bias And Discretion Of The Sentencing Process1415 Words   |  6 Pagesbiases exist within our court system when it comes down to sentencing. So, are we saying the judges are racist? This learner hopes not, but she cannot help but wonder if they are just based on the number of African American that is housed in our jails/prisons. There just seems to be an overwhelming amount of us incarcerated verses Caucasians. It is also amazing that some of the sentencing time that judges past down for the same type of criminal act (e.g., burglary, auto theft, etc.) seems to be worstRead MoreShould We Be Mandatory Sentence Reduction?870 Words   |  4 Pagesblind eye to race discrimination in the criminal justice system (Alexander, 2011). To this point, research on mass incarceration takes issue with the fact the Court has closed the courthouse doors to claims of racial bias at all stages of the criminal just ice process from the levels of justice ranging from stops and searches to plea bargaining and sentencing. One case, in particular, stands out as drawing the line on expectations of the court to actively address racial bias in sentencing and convictionRead MoreThe Sentencing Reform Act Of 19841526 Words   |  7 PagesThe Sentencing Reform Act is associated with the Comprehensive Crime Control Act of 1984, were the U.S. federal statute increased the consistency in the United States federal sentencing. The Sentencing Reform Act created the United States Sentencing Commission. This act allowed the independent commission into the judicial branch of the United States Sentencing Commission. It consists of seven voting members and one nonvoting member. For the sake of the United States Sentencing Commission, thereRead MoreInfluential Factors on a Juveniles Life1510 Words   |  6 Pages(Freidman, 2012). Recent data from the Civil Rights Project show that school segregation is very high for Latino and Black students and that this segregation is almost always what Gary Orfield called â€Å"double segregation,† that is, segregation by both race/ethnicity and poverty. In the 2009–2010 school year, 74 percent of Black and 80 percent of Hispanic students attended schools where 50 to 100 percent of the students were minori ¬ties. In addition, 38 and 43 percent of Black and Hispanic students, respectivelyRead MoreCriminal Sentencing Essay1114 Words   |  5 PagesDiscretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. â€Å"While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex pos t fairness, it also permits variation in sentences that may not be warranted by the observable factsRead MoreRacial Inequality919 Words   |  4 Pagesopportunities and treatment of people based solely on their race. Racial inequality is a serious issue that is often discussed in the American criminal justice system. Although racial discrimination is present in the criminal justice system, some people use the words inequality, discrimination, racism, and profiling loosely and do not understand how truly complex it is to prove that there actually is racial inequality present in the criminal justice system. Daniel P Mears, Joshua C. Cochran, and AndreaRead MoreRacial and Ethnic Disparity and Criminal Justice3054 Words   |  12 PagesRacial and Ethnic Disparity and Criminal Justice: How much is too much? In this article, Robert, April, and Jorge (2010) acknowledges previous research reports on this topic and reveals that race, and racial patterns have found their way in involvement of crime. However, Robert, April, and Jorge (2010) argue that there is no significant proof that there are meaningful racial disparities in the legal systems. Although some literatures provide research on the existence of racial profiling by policeRead MoreThe Goals of Sentencing in the Criminal Justice System1747 Words   |  7 PagesThe Goals of Sentencing in the Criminal Justice System By: Brian Ouellette Criminal Justice CCJ 1020 Mr. Leonardo Cadogan Abstract In the United States there is no standard when it comes to punishment and sentencing. This area of the  criminal justice system is in a constant state of change. Sentencing practices and goals are always being closely examined. From getting tough on crime to more rehabilitative approaches, the views and goals of sentencing are always being