7.2 According to Zatz, the issue of racial disparity in sentencing “may well have been the major research inquiry for studies of sentencing in the 1970s and 1980s.” 7.3 When racial disparity in sentencing occurs in some contexts, but not others, it is called contextual racial discrimination .
When racial disparity in sentencing occurs in some contexts but not others it is called?
When racial disparity in sentencing occurs in some contexts, but not others, it is called. subtle racial discrimination .
What does the word racial disparity mean?
“Racial disparity” is defined as existing in the criminal justice system when “the proportion of a racial/ethnic group within the control of the system is greater than the proportion of such groups in the general population.”
What is sentencing disparity in criminal justice?
Sentencing disparity occurs when similar cases are not disposed similarly or when dissimilar cases are not disposed differently . Disparity implies that many offenders are not being sentenced in accordance with legally relevant factors.
How is a disparity different from discrimination?
Discrimination is doing things on purpose, such as leaving out other races because of their color. Disparity occurs when all the facts are involved .
How do you solve racial disparity in sentencing?
- Shift the Focus of Drug Policies and Practice.
- Provide Equal Access to Justice.
- Adopt Racial Impact Statements to Project Unanticipated Consequences of Criminal Justice Policies.
- Assess the Racial Impact of Current Criminal Justice Decision Making.
What are racial disparities in healthcare?
The Institute of Medicine defines disparities as “ racial or ethnic differences in the quality of health care that are not due to access-related factors or clinical needs, preferences, and appropriateness of intervention .” Racial and ethnic minorities tend to receive poorer quality care compared with nonminorities, even ...
How is a disparity different from discrimination quizlet?
Disparities differ from discrimination simply because a disparity refers to a difference but one that doesn’t necessarily deal with discrimination . On the other hand, discrimination is differential treatment not based on behavior or qualifications.
What are the two most common reasons for disparity in sentencing?
Racism and sexism
Some prison reform and prison abolition supporters have argued that race and gender are both valid reasons for disparity in sentencing.
How does race affect sentencing?
Blacks are more likely to be jailed pending trial , and therefore tend to receive harsher sentences; Whites are more likely to hire a private attorney than Latinos or blacks, and therefore receive a less severe sentence.
Why does the problem of sentencing disparity exist?
Sentencing disparity refers to the ways in which people who committed similar crimes may receive quite different sentences. ... As the New York Times article in the link below explains, sentencing disparity exists because judges are given latitude to decide sentences based on the individual facts of a case.
What is contextual discrimination?
Contextual discrimination. Discrimination that occurs in some contexts or under som circumstances . Individual acts of discrimination . Discriminatory decisions made by a few individuals within the system .
What is interjurisdictional disparity?
Interjurisdictional disparity. occurs when the sentencing patterns of judges in different jurisdictions vary . where crime are a matter of routine. sentencing may be lighter.
What sentence is the primary alternative to incarceration?
that alternatives to incarceration ( probation, restitution, community service, and/or rehabilitative services ) are the most appropriate sentence for nonviolent, non-serious offenders and that prison or jail are appropriate only if these alternatives fail.
What is an example of indeterminate sentencing?
An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. For example, a defendant could be sentenced to “15 years to life in prison .” With an indeterminate sentence, a minimum prison term is always given but a release date is left open.
What is mandatory sentencing?
A mandatory sentence is a sentence which provides a mandatory or minimum sentence when is found guilty of a crime . This limits a judge’s discretion, in particular the influence of mitigating and aggravating circumstances, in sentencing.
