Racial Disparities in Sentencing Argumentative Essay Example

addressed as it was in the American South during the 1950s.

The text examines the complex relationship between racial disparity and other factors indirectly linked to race. This section delves into the reasons behind racial disparity and how it is measured. The focus then shifts to examining the nature, causes, and issues surrounding racial disparity in sentencing.

II. Causes of Racial Disparity in the Criminal Justice System
Studies show that racial disparity in the criminal justice system emerges due to different factors, including higher crime rates, unequal access to resources, legislative decisions, and societal bias (The Sentencing Project, 2000, pp.).

According to a study, the justice system's unequal treatment of various races is attributed to differences in crime rates. Research conducted by Alfred Blumstein indicates that 76 percent of cases with higher rates of black imprisonment are due to increased arrests for serious offenses. The remaining 24 percent can be explained by factors such as racial bias and criminal backgrounds. In essence, the disproportionate incarceration rates faced by African Americans are connected to a general increase in arrests and imprisonment.

6). The unequal access to resources affects poor people's sentencing options in several ways. Firstly, those who cannot afford bail and pre-release requirements that involve electronic monitoring and having a phone at home are automatically disqualified. Secondly, middle-class defendants have better access to resources that enable them to receive professional medical and psychological care, which helps them avoid or minimize jail sentences. Lastly, individuals with financial means can avoid pre-sentencing detention, resulting in less harassment and a less criminal appearance during sentencing.

The majority of those who are poor and within the power of the criminal justice system are African Americans

(The Sentencing Project, 2000, 8). Many laws passed to curb crime have foreseen and unforeseen consequences that are biased against minorities. For example, the laws put greater emphasis on the prosecution of crack cases over cocaine, resulting in increased arrests and prosecution of minorities who belong to the poor, prime markets of crack. This would not be the case if cocaine was made the emphasis of the drug war, as the market for cocaine is the middle classes (The Sentencing Project, 2000, p. 9). Racism still dominates inter-class interactions in the United States, which is reflected in overt bias in the justice system - a mirror of American society in general. Bias in the policing system is evident through racial profiling and differential treatment based on race.

Minority defendants in the courts often face prejudice and are treated as inferior citizens, despite efforts made by the Sentencing Reform Act of 1984 to address racial inequality in sentencing (The Sentencing Project, 2000, p. 10). However, disparities persist due to various race-related factors, indicating that racial bias remains prevalent within the United States criminal justice system (The Sentencing Project, 2005, p. XX).

A study conducted by Mustard (2001, p.) revealed that individuals belonging to the black race, being male, having low educational attainments and low incomes tend to receive longer jail sentences compared to others. Additionally, the study found that black and male individuals have a lower likelihood of avoiding jail sentences when there is an option for no jail time. Moreover, they face reduced chances of having their prison terms shortened but an increased probability of receiving longer jail sentences from the courts.

Research has shown that racial disparities

persist in the length of prison terms for white-collar crimes. Yaeger and Schanzenbach conducted a study examining data from the United States Sentencing Commission on 51,805 white-collar offenses committed between 1992 and 1998. The analysis revealed that factors such as education, number of dependents, income, and age impact the duration of imprisonment for these offenses. Additionally, it was noted that white offenders are more likely to receive fines rather than incarceration compared to black and Hispanic offenders. This implies that a person's ability to pay fines, which can be influenced by their race, plays a role in determining whether they go to jail or not.

A state-level investigation carried out in New York from 1990-1992 found that if minority individuals were white, approximately one-third of them would have received lighter sentences. Another study discovered that blacks in the United States are sentenced to prison 52 percent of the time, while whites only receive prison sentences 34 percent of the time.

Furthermore, according to Welch and Angulo (n.d., p.198), the rates of incarceration and lengths of prison terms for black individuals are significantly higher than those imposed on white individuals. The Sentencing Project provides additional evidence supporting this claim by uncovering racial disparities in sentencing. Recent research conducted by the organization shows that young black and Latino males receive harsher sentences compared to other defendants, particularly if they are unemployed. Additionally, the study highlights various disadvantages experienced by black and Latino defendants throughout the legal process, including trial penalties, sentence reductions for substantial assistance, criminal history assessment, pretrial detention, and access to legal representation. Moreover, it reveals that black offenders who commit crimes against white individuals face more

severe punishments compared to those who harm individuals of their own race or white offenders who harm individuals of either the same or different races.

According to The Sentencing Project (2005, p.2), Blacks and Latino defendants are more likely to receive harsh sentences compared to whites. The study also discovered that minority defendants have a higher probability of receiving the death penalty for crimes against white victims. The research investigated various aspects of racial disparities in sentencing, including direct racial discrimination, the interaction of race/ethnicity with other offender characteristics, interaction and indirect effects of race/ethnicity and process-related factors, the interaction of race/ethnicity and type of crime, as well as capital punishment (The Sentencing Project, 2005, p.3). Welch and Angulo suggest several recommendations to address these disparities in the US criminal justice system, some of which are related to sentencing.

The text suggests several measures for improving the criminal justice system. Firstly, it argues for implementing accountability in the exercise of discretion by police and prosecutors. Secondly, it recommends increasing the racial diversity of law enforcement personnel. Thirdly, it proposes improving the method of data collection on racial disparities in criminal justice data. Fourthly, it suggests suspending the operation of the death penalty. Lastly, it recommends repealing mandatory minimum sentencing laws.

Sixth, there is a call for the reformation of sentencing guideline systems. Seventh, the recommendation is to repeal or reject the transfer of juveniles into the adult justice system. Eighth, there is an argument for improving the quality of defense counsel in criminal cases for indigents and minorities. Ninth, the suggestion is to repeal felony disenfranchisement laws and remove other mandatory collateral consequences of criminal convictions.

Tenth, it is recommended to restore balance regarding the National Drug Control Strategy, by giving equal focus to rehabilitation alongside prosecution and punishment (Welch and Angulo, n.d., pp.).

208-211).

Conclusion

Racial inequality in the sentencing process is evident, reflecting disparities in other areas of the US criminal justice system and society overall. To tackle this problem, solutions need to be sought not just in the sentencing process but also in policing, prosecution, and legislation.