Practitioners and Other Stakeholders: In recent years, federal policymakers have called for reforms, following the lead of states that have reduced prison populations without compromising public safety.
Author admin Comment 0 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 in Dei delitti e delle penne an essay on crime and punishmentshe 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 eframed 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.
Further research by Taxman and Byrne 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 the racial and ethnic characteristics of the offenders, whereby the race effect is confounded by procedural and extralegal variables.
Thereby, those of racial and ethnic minority groups of lower socio-economic status are unable to obtain appropriate legal representation, which leads to longer sentencing, and higher incarceration rates overall. Ehlers and Lotke ; Miller and Schiraldistate that research demonstrates pervasive racism, and systemic discrimination, throughout the criminal Justice system, that by design contributes to the recycling of individuals.
Zatz also demonstrated the continuity of contributing factors throughout the criminal Justice system in the churning of individuals and rates of recidivism among racial and ethnic minority groups in a research study.
Moreover, Erez states that sentences for comparable crimes are based predominantly on the characteristics of the victims and not the offences committed, whereby if a black person of lower socio-economic status perpetrated a criminal act on a white person the penalty would be far more severe, however if the scenario is reversed the penalty would be less severe.
However, Uhlman ; Spohn, Gruhl, and Welch established that when independent variables pertaining to prior criminal convictions, race, bail amount, pre-trial status, type of plea and type of legal epresentation were introduced it was apparent that black males received harsher sentencing outcomes than White males.
Further data emonstrated that even when controlling legal and extra-legal factors vast disparity was apparent in the sentencing outcomes of black offenders and white offenders, demonstrating an increase of black imprisonment at the rate of 5 percent was noted, which when compounded resulted in a 20 percent higher rate than white offenders.
It is obvious when researching the impacts of race and ethnicity on sentencing outcomes that there are innumerable variables required to measure the outcomes that are necessary to obtain evidentiary validity. Moreover, the plethora of omplexities involved in this type and scale of measurement are confounded and in some cases contradictory.
Numerous scholars oppose these various hypothesis on racial and ethnic disparity and discrimination within the criminal Justice system, for example HindelangKleck ; Whitney ; and Willbanks concluded through their various research that the criminal Justice system in most instances favours minority racial and ethnic groups at the expense of disadvantaging whites.
In Summary It is obvious that the measurement of the impact of racial and ethnic disparity in entencing, and discrimination throughout all tiers of the criminal Justice system is fraught with difficulties due to the reflexive nature of the cause and effect of the outcomes.
Numerous researches expound that prior criminal convictions and severity of criminal offences are the reason for the demonstrated disparity in outcomes. However, due to the institutional structures and design of the criminal justice system, racial and ethnic minority groups are targeted by police wielding extensive powers of discretion.
Therefore, influencing the rates of charging of individuals entry in the criminal Justice system. Furthermore, research expounds that it is not necessarily the rates of recidivism but the system itself recycling these individuals. It is therefore necessary to examine the criminal Justice system in its entirety to understand and gauge why sentencing disparities emerge within various racial and ethnic minority groups.racial disparities in sentencing decisions in the United States, which result from disparate treatment of Blacks at every stage of the criminal justice system and are consistent with a larger pattern of racial disparities that plague the U.S.
criminal justice system. Deterring Racial Bias in Criminal Justice Through Sentencing. African Americans with higher-level offenses than White Americans engaging in the same illegal conduct—when making sentencing decisions, Robert J.
Smith & Justin D. Levinson, The Impact of Implicit Racial Bias on the Exercise of Prosecutorial Discretion. The Research paper on The Impact of Racial and Ethnic Bias in Criminal Sentencing Decisions research study demonstrated significant variations in sentencing outcomes pertaining to racial and .
RACIAL DISPARITY IN SENTENCING: A REVIEW OF THE LITERATURE INTRODUCTION The intersection of racial dynamics with the criminal justice system is one of longstanding duration.
In earlier times, courtrooms in many jurisdictions were comprised. We will write a custom essay sample on The perception of Racial and Ethnic Bias in the Healthcare System specifically for you for only $ $/page. Order now The Impact of Racial and Ethnic Bias in Criminal Sentencing Decisions ;.
RACE, BIAS, AND PROBLEM-SOLVING COURTS Robert V. Wolf* TABLE OF CONTENTS “instrumental” role in “racial violence;” and bias in sentencing toward blacks).See also, Rodolfo Racial and ethnic disparities persist in crime and criminal justice in the United States.”).