Essay Title: 

Stereotypes and Discrimination

April 2, 2016 | Author: | Posted in law, legal issues


Stereotypes create discrimination on the basis of race and national origin from policing to sentencing . This is fact especially since racial disparity in a criminal justice system is said to exist when the percentage of an ethnic or racial group that is in control of that system is bigger than the percentage of that ethnic or racial group in the legitimate and illegitimate racial disparity , and distinguishes the latter as that which results from dissimilarity in the treatment of people in similar situations but of different races or ethnic [banner_entry_middle]

groups (The Sentencing Project , 2000 ,

. 2 . With regard to causes , there is a consensus in two bodies of research that the causes of the disparity can be traced to biases at every stage of the judicial process , from biases in policing , to biases in prosecution , all the way to sentencing (The Sentencing Project , 2000 ,

. 2 , Weich and Angulo , n .d , 196

Racial disparity in the system is said to manifest itself in various ways . One is through the driving while black ‘ phenomenon , where African Americans are over represented in random stop and search operations by police , even though they account for a small fraction of all drivers and traffic violators . Another is the greater likelihood that blacks charged with felonies are going to be detained , compared to whites . Another is the fact that 46 percent of prison inmates are African Americans , even though they only make up 12 percent of the American population . Another is that Blacks males have a 30 percent chance of being incarcerated in their lifetime , as compared to 16 percent for Hispanic males and four percent for white males . A glaring example is that of the plight of African American youth . While representing 15 percent of the group , they account for 26 percent of all juvenile arrests , 31 percent of referrals to the juvenile courts , 46 percent of adult court waivers and 58 percent of all juveniles sent to prison (The Sentencing Project 2000 ,

. 3

In the area of sentencing , it has been noted that race remains an important presence in the sentencing process in the American system with the issue of race not being brought up as explicitly as it had been in the mid 1950 ‘s in the American South , but rather is tied up surreptitiously ‘ in connection with a host of other factors that may are only implicitly linked to race (The Sentencing Project , 2005 , 1 The rest of the looks at the causes of racial disparity in general , and how disparity manifests itself . The then focuses on the nature , causes , and issues tied to racial disparity in sentencing in particular

In theory , racial disparity in sentencing is supposed to have been eliminated with the passage of the Sentencing Reform Act of 1984 , said to be designed to eliminate sentencing disparities and state explicitly that race , gender , ethnicity , and income should not affect the sentence length (Mustard , 2001 , pp . 1-2 . In practice , however , we have already… [banner_entry_footer]


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