Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
51) in the sentencing phase of a case, it may be necessary for defense attorneys to "utilize sentencing advocates who can develop sentencing proposals for the court in felony cases and jointly challenge unwarranted disparities at sentencing." (the Sentencing Project, 2000; p.52) Also listed as issues that the Bar and Criminal Defense Attorney Associations could focus upon are: (1) the development and implementation of standards and guidelines for bail, pretrial release, prosecutorial diversion, charge and plea-bargaining;
2) the development and funding of specific efforts to reduce minority representation at all stages of the justice process; and 3) the availability of other resource needs such as community-based alternative sanctions and sentencing advocacy opportunities. (the Sentencing Project, 2000; p. 54)
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. (the Sentencing Project, 2000; paraphrased) Additionally, the Sentencing Project states that the court can work toward elimination of racial disparity in sentencing through institution training "...for judges on bail and sentencing decisions...work with other criminal justice officials and representatives of minority communities" in the design and implementation of "useful and effective alternative pretrial release and post-adjudication sanction programs...work with local criminal justice and elected officials to consider how to address disparities in pretrial release and sentencing." (the Sentencing Project, 2000; p.57) There are additional suggestions stated by the Sentencing Project, which are practical methods, which may be used successfully by the Judicial System and the Criminal Defense Association and other in orders to proactively eliminate...
The Pew Center reports that states desiring to:
protect public safety while slowing the growth of their prison populations can pull two basic policy levers..." Or they can "...divert a greater number of low-risk offenders from prison or they can reduce the length of time that the lowest risk offenders stay behind bars and of course, they can do some combination of the two." (the Pew Center, 2007)
DISCUSSION
This work has clearly demonstrated through the literature reviewed in this study 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. 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 the sentencing phase of a case must be changed fundamentally if racial disparity in sentencing is to be eliminated. 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. 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.
Bibliography
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…
Bibliography
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.
Disparity and Discrimination The history of criminal justice and race. The racial makeup of the criminal justice system. The misunderstanding between discrimination and disparity. How disparity and discrimination are addressed in the criminal justice system. The difference between discrimination and disparity. scholarly articles - each addressing an aspect of criminal justice. How race and disparity are seen in the criminal justice system. How race and discrimination are seen in the criminal justice system. The treatment of criminals regardless of
It is not known if the bias found among males also exists among women. This study will address both the gap in methodology and the lack of studies regarding women. It will contribute to the existing body of evidence by filling in these important gaps. Definitions Valid research is based on consistency and a mutual understanding of the research parameters. Although, many of the terms used in this study will be
The judge must choose a sentence from within the guideline range unless the court identifies an aggravating or mitigating circumstance that was not adequately considered by the Sentencing Commission. In mandatory minimum drug cases, judges can depart only upon motion from the government stating that a defendant has provided substantial assistance in the investigation or prosecution of another person. All guideline drug sentences are indirectly affected by the mandatory minimums.
Racial Equality and Justice Abstract This essay discusses racial equality and justice in the United States within the context of the events in the spring and summer of 2020. On May 25, 2020 George Floyd was killed while in police custody. The killing was videotaped and showed a non-resisting Floyd suffocated by an officer kneeling on his neck. Neither the officer who killed Floyd nor any of his fellow officers was arrested
When a lawyer who has never been disciplined represents a juvenile, chances of accepting a plea are high. This is because the lawyer is likely to negotiate for a lesser sentence (Grigorenko, 2012). The current juvenile court system allows youth offenders to be sentenced to life imprisonment without parole. This is like declaring these youths as people who are irredeemable. Evidently, youths have the capability to change. Moreover, a system
Mandatory Sentencing Public policy, crime, and criminal justice Mandatory Sentencing: Case Study Critique The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug dealers and isolation of violent criminals from the community aiming at preventing them from committing additional crimes outside the prison walls. In addition, the design of mandatory sentencing aim at deterring and portraying a harsh reflection to potential offenders of the