Disparity and Discrimination

Disparity and Discrimination

Trotter, Brenda
Saint Leo University

Disparity and Discrimination

Abstract
The settings of the criminal justice system there are so many things that are taking place. The
main divisions that are being used are our court procedures and law administration. Some situations
that will be focused on in this paper are discrimination, disparity complaints, contrasting
crimination, and disparity as it relates to the Criminal Justice System. These are studies that will
show the difference between discrimination and disparity that happens in the Criminal Justice
System.

Disparity and Discrimination

There is disparity and discrimination in the criminal justice system because of a lack of
equality based on the certain individual religious beliefs, color of skin and background. There many
forms of discrimination related to criminal justice, such as religion discrimination, racial, or
color discrimination these forms of discrimination can be indirect or direct. Direct
discrimination is where someone is treated slighter difference because of who they are. Indirect
is where there are rules to policies apply to everyone, but only apply to certai n individuals.
Racial and color discrimination is when a certain individual treats another slighter differed
because of their color of their skin hair, eyes or other physical feathers Racal discrimination also
take place when treating someone because of the person which whom they are with. Harassing
someone because of their race is against the. Law. Religion discrimination is treating people
differently because of what they believe in. Nobody denies that the proportion of minorities
arrested and place under correctional supervision (probation, jai l, prison, parole) exceeds the
proportion of minorities in general population.
African American men are sent to jail and prison at a rate 6 times greater than that of
White Americans. The incarceration rate for Hispanics men is nearly 3 times greater than that
for White Americans. For women, the rates are 2.5 times greater (African American) and 1.5
times greater Hispanics.
African Americans, Hispanics, and other minorities are subjected to the criminal justice
system at much higher rates than are the white majority (A. Baker, T.H.Cohen and Kyckelhahn,
210L Glaze, 2011 Rainville and Smith, 2003. Reaves, 2006 Spohn, 2011: Ulmer).

Disparity and Discrimination

Disparity in the criminal justice system Exists when the portion of a racial or ethnic
group within the control of the system is greater than the proportion of such groups in the
general population" (Nellis, Greene, and Mauer, 2008p.1).Disparity is not something that
happens at only one stage of criminal justice system. 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 individuals criminal behavior and
criminal record. For example in the court when deciding on the sentence or amount of time that
the individual will have to serve based on breaking law by murder, burglary, rape. Another
example, law enforce arrest a person for burglary because of the person pass criminal history,
and the fact that they were not too far away from the scene of the crime (Mathis Greg, 2007). In
addition the extralegal factor includes life style, gender, nationality and class status, which is not
legitimate reason to base decision 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 static of population and community and appearance of the individual
.According to Toensing (2008)" CERD report found "stark racial disparities" in the criminal
justice system "wide racial disparities in the area of human rights violations, environment
racism, healthcare, housing and education." In spite of the meanings of factors the injustice still
is visible and is used as legitimate reasons for the individual's incarceration or innocence. Not
only is the individual being affected inside the criminal justice system but outside as well
(Mathis Greg, 2007).

In comparison disparity and discrimination are similar because they both focus on
sentencing of individual for a crime in court or arrest. Both of them will assist in making a decision

Disparity and Discrimination

On whether the individual is guilty or not In contrast the person is sentence on different scale. This
is usually strict Discrimination can be in many different areas compared to disparity which is a
little limited in that area. Discrimination can be possible and end result of the matter.
In conclusion, disparity and discrimination are situation that occur in the criminal justice
system according to (Mathis, 2007). Reform is a need without an acknowledgment of the racial
disparities in arrest, sentencing, and incarceration. The criminal justice system will be in effect
creating the next generation of prisoners. Racial disparity is just an example of an actual disparity,
which was mentioned in this paper, however, there is a need for improvement in criminal justice
system, so this can no longer be an issue. The justice system seems to be fair but it does have some
issues and mistakes are sometimes made and innocent people go to jail and prison paying for
crimes they did not commit, but they fit the a profile..

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REFERENCE PAGE
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Mathis Greg 2007 M, Rich (1977) The Theory and Practice of Criminal Justice
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