Disparity And Discrimination

Disparity and Discrimination 1

Disparity and Discrimination Alice Johnson CJA-423 Dr. Jacquelyn Bradway October 7, 2008

Disparity and Discrimination 2 Disparity and Discrimination There are many different situations that occur within the criminal justice system. However, the ones that are being used involve court procedures and law enforcement. The situations that will be discussed are disparity and discrimination existing in the criminal justice system. In certain situations disparity can be a result of discrimination depending on the situation.There will be definitions, examples, comparison, and contrast of disparity and discrimination. The disparity consists of two factors, which are called legal and extralegal and they may not necessarily mean discrimination. The legal factor provides legitimate base explanation for the decisions on the individual’s criminal behavior and criminal record. For example, in the court when deciding on the sentence or the amount of time that the individual will have to serve based on breaking law by murder, burglary, rape, etc. Another example, law enforcement arrest a person for burglary because of the person past criminal history, and the fact that they were not too far away from the scene of the crime. In addition, the extralegal factor includes lifestyle, gender, nationality, and class status, which are not legitimate reasons to base decisions on. For example in the court, deciding whether to sentence the individual or the amount of time that individual will have to be serve will not be based on their nationality, but on statics of that population and community, and appearance of the individual. According to Toensing (2008), “The CERD report found “stark racial disparities” in the criminal justice system and “wide racial disparities in the areas of human rights violations, environmental racism, healthcare, housing and education”. In spite of the meanings of the factors the injustice still is visible and is used as legitimate reasons for the individuals’ incarceration or innocence. Not only is the individual being affect inside the criminal justice system, but outside as well.

As a result, discrimination is the differential treatment or judgment against a group such as class status, nationality, religion, etc. Discrimination consists of four types such as institutionalized,

Disparity and Discrimination 3 systematic, contextual, and individual acts of discrimination. First, the institutionalized information is based on the criminal record or behavior. Second, the systematic is discrimination in the criminal justice system. Third, the contextual information is based on particular crimes. Lastly, individual acts of discrimination is based the acts of the individual. Discrimination is reveal to the individual in many different aspects and treatment received based on group affiliation such as nationality, class status, and much more. For example, in law enforcement they see a woman down a street known where prostitutes are. What the police officer does not know is the woman is coming from a bar, and she is walking home. The police officer pulls over, stops her, and arrests her because of outfit. He arrests her on the grounds that she is a prostitute because of her appearance. An example of discrimination, when a Middle Eastern woman is accuse of making terrorist threats. Instead of the judge looking at the lack or quality of evidence, the judge looks at nationality and past history. The judge decides that she is guilty because of the assumptions about Middle Eastern people. According to Toensing (2008), ““Now it is not just us, but the international community that has recognized that indigenous peoples within the U.S. are subject to racism on many levels and has called for effective steps by the U. S. to remedy this situation. We will be watching closely to see if the U. S. finally decides to become a country which operates under the rule of law.”” The assumption about Middle Eastern people are based on 9/11 and other incidents the judge believes that this woman is guilty. This makes some people outside looking in thinking that we have no unity amongst different nationalities in the United States. In comparison, disparity and discrimination are similar because they are both focused on the sentencing of the individual for a crime in court or arrest. Both of them will assist in making a decision on whether the individual is guilty or assumption that the individual is guilty. In contrast, the person is sentence on a different scale, which is usually harsher. Discrimination can branch out into many different areas compare to disparity, which a little limited in that area. Discrimination can be a possible an end result of the matter, but they are not the same.

Disparity and Discrimination 4 In conclusion, disparity and discrimination are situations that occur in the criminal justice system. According to Mathis (2007), “Real reform is needed. Without an acknowledgement and analysis of the racial disparities in arrest, sentencing and incarceration, the criminal justice system will be, in effect, creating its next generation of prisoners.” Racial disparity is just an example of an actual disparity, which was mentioned in this paper. However, there needs to be improvement in the criminal justice system, so this can become less or no longer an issue.

References

Disparity and Discrimination 5 Mathis, Greg. (2007, Aug2- Aug 8). Justice system is criminal and it’s time for a change. Tri – State Defender. Memphis, Tenn. Retrieved Oct. 4, 2008 from database Toensing, Gale Courey. (2008, Mar 26). US government blasted for extensive racial discrimination. Indian Country Today. Oneida, N. Y. Retrieved Oct. 4, 2008 from database