Term Paper on "Racial Disparity in Sentencing"
Term Paper 7 pages (2103 words) Sources: 4 Style: APA
[EXCERPT] . . . .
Racial Disparity in SentencingINTRODUCTION recent Pew Center Report published in 2007 relates that presently one in every one hundred adults in America is in prison. Moreover, one in every fifteen black men in America is in a U.S. prison.
The fact is that a great racial disparity exists in the U.S. sentencing of prisoners, as this work will demonstrate. Racially disparity exists "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." (the Sentencing Project, 2000)
RACIAL DISPARITY in SENTENCING CONFIRMED by RESEARCH
The work of Kansal (2005) a publication of the Sentencing Project states: "The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decisionmakers. Today, there is a more diversity of leadership in the court system, but race still plays a criminal role in many criminal justice outcomes." (Kansal, 2005; p. 3) Kansal (2005) relates key findings in research to include that: (1) young, black and Latino males are subject to particularly harsh sentencing compared to other offender populations; (2) Black and Latino defendants are disadvantaged compared to white with regard for legal process related factors such as the 'trial penalty', sentence reductions for substantial assistance, criminal history, pretrial detention, and type of attorney; (3) Black defendants convicted of harming white victims suffer harsher penalties than blacks who commit crimes against other blacks or white defendants who harm whites
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II. WHY RACIAL DISPARITY in SENTENCING EXISTS
The work of David B. Mustard entitled: "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence From the U.S. Federal Courts" reports examination of 77,236 federal offenders who were sentenced under the Sentencing Reform Act of 1984 and concludes: "First, after controlling for extensive criminological, demographic, and socioeconomic variables..." findings of the study include: "...blacks, males, and offenders with low levels of education and income receive substantially longer sentences." (2001; p. 1) Secondly, Mustard states findings that disparities: "...are primarily generated by departures from the guidelines, rather than differential sentencing within the guidelines. Departures produce about 55% of the black-white difference and 70% of the male-female difference." (2001; p. 1) Third stated by Mustard in the study report is: "...although black-white disparities occur across offenses, the largest differences are for drug trafficking. The Hispanic-white disparity is generated primarily by those convicted of drug trafficking and firearm possession/trafficking." (2001; p.1) Finally, Mustard states findings that blacks and males: "...are also less likely to get no prison term when that option is available; less likely to receive downward departures; and more likely to receive upward adjustments and, conditioned on having a downward departure, receive smaller reductions than whites and females." (2001; p. 1) Mustard reports in relation to the USSC Sentencing Guidelines, that "the sentences for offenders convicted in federal courts are determined by a detailed set of rules developed in the United States Sentencing Commission. The USSC's "principal purpose is to establish sentencing policies and practices for the federal criminal justice system that will ensure the ends of justice by promulgating detailed guidelines prescribing the appropriate sentences for offenders convicted of federal crimes." (p. 289) Mustard reports that an indication from Congress was that "honesty, uniformity and proportionality should characterize the USSC's guideline." (2001; p. 289) Expressly forbid under the law is the use of "race, sex, national origin, creed, religion and socioeconomic status in determining a sentence." (p. 294) However, findings in the study of racial disparities in sentencing show that in reality these factors have greatly affected sentencing in cases as "offenders who did not graduate high school received longer sentences, and offenders with college degrees received shorter sentences..." (Mustard, 2001; p. 295) the largest disparities in sentencing are those for "bank robbery and drug trafficking. About two-thirds of the black-white disparity for drug trafficking is accounted for by departures from the guidelines." (Mustard, 2001; p. 306) Mustard concludes that "blacks and males not only receive longer sentences but also are less likely to receive no prison terms when that option is available, more likely to receive downward departures." (2001; p. 307)
III. WHAT CAN BE DONE to CORRECT RACIAL DISPARITY in SENTENCING
The work entitled: "Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers" published by the Sentencing Project in October 2000 relates that there are four primary aspects when addressing the racial disparity that exists in the criminal justice system. Those four are:
1) the problem of racial disparity is one which builds at each stage of the criminal justice continuum of arrest through parole, rather than the result of the actions of any single agency;
2) in order to combat unwarranted disparity, strategies are required to tackle the problem at each stage of the criminal justice system, and to do so in a coordinated way. Without a systemic approach to the problem, gains in one area may be offset by reversals in another;
3) Each decision point and component of the system requires unique strategies depending on the degree of disparity and the specific populations affected by the actions of that component; and (4) Systemwide change is impossible without informed criminal justice leaders who are willing and able to commit their personal and agency resources to measuring and addressing racial disparity at every stage of the criminal justice system, and as a result, for the system as a whole." (the Sentencing Project, 2000)
Addressing the racial disparities in sentencing certainly must begin with the defense of those charged crimes in that defendants should be assured adequate and effective representation. This requires that "the defense bar must advocate for, and the system must… READ MORE
Quoted Instructions for "Racial Disparity in Sentencing" Assignment:
Citations within the body of the paper and a reference page.
The essay is concerning racial disparity in sentencing. Does racial disparity exist in sentencing? If racial disparity does exist, give reasons why it exists. Give an alternate explanation as to why minorities receive harsher sentences than whites. Give suggestions on how racial disparity can be eliminated.
How to Reference "Racial Disparity in Sentencing" Term Paper in a Bibliography
“Racial Disparity in Sentencing.” A1-TermPaper.com, 2008, https://www.a1-termpaper.com/topics/essay/racial-disparity-sentencing-introduction/98945. Accessed 5 Oct 2024.
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