Racial Disparity in Sentencing

Paper Summary:

In this article, the writer demonstrates through the literature reviewed that racial disparity in sentencing in today's courtrooms is a very real issue that must necessarily be proactively addressed especially since one in every 15 black men in America is incarcerated compared to one out of every one hundred white men. The writer discusses that racial disparity in sentencing is present in every aspect of today's judicial system and is so integrally interwoven into the system that the very structure of the sentencing phase of a case must be changed fundamentally if racial disparity in sentencing is to be eliminated. The writer maintains that this will clearly take a focused effort of criminal defense attorneys, the judicial system at all levels, prosecutors, and laws and legislation relating to sentencing and sentencing guidelines. The writer concludes that the elimination of racial disparity in sentencing will not be possible unless that elimination is intentional and proactive as well as fundamental, which will require the focused efforts of all stakeholders and participants in the judicial process of sentencing.

Outline:
Introduction
Racial Disparity in Sentencing confirmed by Research
Why Racial Disparity in Sentencing Exists
What Can Be Done to Correct Racial Disparity in Sentencing
Discussion

From the Paper:

"Steps that are suggested by The Sentencing Project as those which the Judiciary can take is one of a leadership role in attempting to assure that minority defendants are not treated disparately at the time of their arrest or during the bail and release decisions as well as in the assignment of a defense attorney and in decisions regarding diversion. Finally, Judiciary should assure that racial disparity does not take place during the time of the plea negotiation process as well as in court docket management and at sentencing. Additionally, The Sentencing Project states that the court can work toward elimination of racial disparity in sentencing through institution training ..."

Sample of Sources Used:

• Kansal, Tushar (2005) Racial Disparity in Sentencing: A Review of the Literature Jan 2005 The Sentencing Project. Washington DC Online available at: www.sentencingproject.org.
• Mustard, David B. (2001) Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts. Journal of Law and Economics, Vol. XLIV April 2001. The University of Chicago.
• One in 100: Behind Bars in America 2008 The Pew Charitable Trusts Public Safety Performance Project.
• Reducing Racial Disparity in the Criminal Justice System (2000) A Manual for Practitioners and Policy Makers. The Sentencing Project. October 2000. Washington DC Online available at: www.sentencingproject.org.

More papers on Racial Disparity in Sentencing:

• Analytical Essay # 122197 : "Racial Disparity in Sentencing"
• Research Paper # 95784 : "Racial Disparity in Sentencing"
• Article Review # 102033 : "Racial Discrimination in Sentencing"

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