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…
