Interestingly, females tend to receive lesser sentences than males, although that disparity disappears in crimes that are more serious. These characteristics show themselves in state courts, too, which indicates that disparity and discrimination still exist despite the sentence reforms that were supposed to do away with them.
It seems that sentences are actually harsher now than when sentencing reforms were first created, and that people expect harsher penalties for those convicted of crimes. In addition, although a few studies contradict this, there is still quite a bit of discrimination and disparity in the American judicial system on all levels. In addition, the CJ system seems to be less interested in reform and more interested in punishment today, and that may reflect the public's attitudes about criminal justice and the prison system.
Ultimately, the creators hoped that sentence reforms would create less...
" (Mustard, 2001) I. Drug Sentencing Policy and the New Washington Administration It is stated in the work entitled: "Aspirations and Realism about Drug Sentencing Reform" that disparities in sentencing "continue to plague [the] Criminal Justice System. African-Americans and Hispanics are more than twice as likely as whites to be searched, arrested, or subdued with force when stopped by police. Disparities in drug sentencing laws, like the differential treatment of crack as
Sentencing Determinate Sentencing, Impacts, and Recent Trends Determinate Sentencing Impact on Probationary Terms Reasons for choosing mandatory minimum jail and prison sentences Role of Mandatory Sentences in Reducing Recidivism The legal system is reliant on two different approaches for sentencing the offenders. The determinate and indeterminate sentencing is discussed in detail. The recent trend towards determinate sentencing and their impacts are also elaborated. The reasons for choosing determinate sentencing and its role in reducing recidivism are
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
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.
Sentencing Disparity Preventing Sentence Disparity Ultimately, sentencing disparity is rooted in a combination of how laws are authored and how they are enforced. Such is to say that the approach to sentencing in the United States is not itself racially biased. However, when contextualized by a legal system that is decidedly tilted to the disadvantage of African-Americans, Hispanics and other ethnic minorities, sentencing does take on unequal proportions. The text by Worrall (2008)
"African-Americans now serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months)" (Compendium 2004, 112).The Commission reported in 2004 that "[r]evising the crack cocaine thresholds would better reduce the [sentencing] gap than any other single policy change, and it would dramatically improve the fairness of the federal sentencing system" (USSC 2004, 132). As a result, the African-American
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