The Impact of Racial and Ethnic Bias in Criminal Sentencing Decisions Essay Example for Free

The Impact of Racial and Ethnic Bias in Criminal Sentencing Decisions Essay Judicial bias pertaining to race and ethnicity is a controversial phenomenon that has been researched historically, and continues in contemporary society. One of the first criminologists to analyse this was Beccaria (1764) in Dei delitti e delle penne (an essay on crime and punishments), he argued that judicial process favoured the wealthy and powerful to the detriment of the less fortunate, his research had a profound impact on historical judicial process and reformation of criminal law. Since that time numerous researchers have methodically reviewed, dissected and reframed theory on judicial bias in relation to race and ethnicity in sentencing decisions. Empirical data demonstrates vast disparity and reveals a juxtaposition of conflicting theories pertaining to race, ethnicity, and sentencing outcomes. For many years, people of different racial and ethnic backgrounds have been over-represented throughout the criminal justice system. Walker (2003), Spohn (2000, 2002), Kault (2002) and DeLone (2000, 2003) have researched extensively on this topic and theorise that there are several facets of what they refer to as a â€Å"discrimination-disparity continuum. † They argue that discrimination is ‘systemic’ and experienced at each stage of the criminal justice system. For example, ‘institutionalised discrimination’ is due to the impact of policies and procedures that are implemented without discriminatory intent, and yet adversely affect minorities. Further to this is the over-policing of targeted racial and ethnic communities, Walker, Spohn, and DeLone (2003) refer to this as ‘contextual discrimination’ this then sees an exponential increase in entry into the criminal justice system and impacts on higher incarceration rates. Further research by Taxman and Byrne (2005) theorised that racial and ethnic disparity is a cumulative process prior to sentencing. They argued that this occurs due to differential rates of involvement in criminal behaviours and the racial and ethnic characteristics of the offenders, whereby the race effect is confounded by procedural and extralegal variables. Thereby, those of racial and ethnic minority groups of lower socio-economic status are unable to obtain appropriate legal representation, which leads to longer sentencing, and higher incarceration rates overall. Ehlers and Lotke (2004); Miller (1996) and Schiraldi (1994, 2004) state that research demonstrates pervasive racism, and systemic discrimination, throughout the criminal justice system, that by design contributes to the recycling of individuals. Zatz (1987) also demonstrated the continuity of contributing factors throughout the criminal justice system in the churning of individuals and rates of recidivism among racial and ethnic minority groups in a research study. Zatz’s research study demonstrated significant variations in sentencing outcomes pertaining to racial and ethnic background. Zatz referred to this as ‘cumulative disadvantage’, Zatz argued that throughout the various stages of the criminal justice system minor differences eventually compound and become measurable and significant in the overall outcome. Moreover, Erez (1991) states that sentences for comparable crimes are based predominantly on the characteristics of the victims and not the offences committed, whereby if a black person of lower socio-economic status perpetrated a criminal act on a white person the penalty would be far more severe, however if the scenario is reversed the penalty would be less severe. Further research entitled â€Å"Effect of Race on Sentencing: A Re-examination of an unsettled question† by Spohn, Gruhl, and Welch (1982) replicated and extended Uhlman’s (1977) research into racial disparity in sentencing outcomes in ‘Metro city.’ Uhlman’s analysis of 50,000 felony cases between 1968 and 1969 demonstrated no direct correlation between race and ethnicity when the analysis controlled two dependent variables pertaining to prior criminal convictions and severity of charges. However, Uhlman (1977); Spohn, Gruhl, and Welch (1982) established that when independent variables pertaining to prior criminal convictions, race, bail amount, pre-trial status, type of plea and type of legal representation were introduced it was apparent that black males received harsher sentencing outcomes than White males. The decision to incarcerate, or not to incarcerate was measured by introducing a dichotomous prison/no prison variable. Furthermore, Spohn, Gruhl, and Welch (1982); and Uhlman’s (1977) analysis of statistical data demonstrated that black males who could not afford adequate legal representation suffered from what they referred to as ‘wealth discrimination’ which then adversely impacted on black offenders with harsher sentencing. Further data demonstrated that even when controlling legal and extra-legal factors vast disparity was apparent in the sentencing outcomes of black offenders and white offenders, demonstrating an increase of black imprisonment at the rate of 5 percent was noted, which when compounded resulted in a 20 percent higher rate than white offenders. It is obvious when researching the impacts of race and ethnicity on sentencing outcomes that there are innumerable variables required to measure the outcomes that are necessary to obtain evidentiary validity. Moreover, the plethora of complexities involved in this type and scale of measurement are confounded and in some cases contradictory. Numerous scholars oppose these various hypothesis on racial and ethnic disparity and discrimination within the criminal justice system, for example Hindelang (1969), Kleck (1981); Whitney (1999); and Willbanks (1987) concluded through their various research that the criminal justice system in most instances favours minority racial and ethnic groups at the expense of disadvantaging whites. In Summary It is obvious that the measurement of the impact of racial and ethnic disparity in sentencing, and discrimination throughout all tiers of the criminal justice system is fraught with difficulties due to the reflexive nature of the cause and effect of the outcomes. Numerous researches expound that prior criminal convictions and severity of criminal offences are the reason for the demonstrated disparity in outcomes. However, due to the institutional structures and design of the criminal justice system, racial and ethnic minority groups are targeted by police wielding extensive powers of discretion. Therefore, influencing the rates of charging of individuals within specific racial and ethnic groups, thereby further affecting these individuals entry in the criminal justice system. Furthermore, research expounds that it is not necessarily the rates of recidivism but the system itself recycling these individuals. It is therefore necessary to examine the criminal justice system in its entirety to understand and gauge why sentencing disparities emerge within various racial and ethnic minority groups. Bibliography Beccaria (1764) Dei delitti a delle penne; An essay on crimes and punishment. Translated in 1819. http://www. constitution. org/cb/crim_pun. htm Accessed 18/11/08. Kault, P. , Spohn, C (2002) Assessing blameworthiness and Assigning punishment: Theoretical perspectives on judicial decision making. In Duffee, D and Maguire, E (eds), Criminal Justice Theory: Explicating concepts and linkages about nature and behaviour of criminal justice. Belmont, CA: Wadsworth. http://www. ncjrs. gov/pdffiles1/nij/grants/223854. html Accessed 20/11/08. Spohn, C (2002) How do judges decide? ‘The quest for fairness and justice in punishment. Thousand Oaks,’ CA: Sage Publications http://www3. interscience. wiley. com/journal/118594874/abstract. html. Accessed 20/11/08. Spohn, C. , DeLone, M (2000) When Does race matter? An examination of the conditions under which race affects sentencing severity. Sociology of Crime, Law and Deviance 2. P. p 3-37. Spohn, C (2000) Thirty years of sentencing reform: The quest for a racially neutral sentencing process, National Institute of Justice. Reprinted in Austin Sarat (ed), 2004. The Social Organisation of Law. Los Angeles: Roxbury Publishing. http://209. 85. 173. 132/search? q=cache:yuYWZ_dcsIoJ:www. ncjrs. gov/criminal_justice2000/vol_3/03i. pdf+Spohn+C+thrity+years+of+sentencing+reformhl=enct=clnkcd=1gl=au. html Accessed 22/11/08. Taxman. F. , Byrne, J. M (2005) Racial Disparity and the legitimacy of the criminal justice system.

Cystic Fibrosis Essay example -- essays research papers

Cystic Fibrosis   Ã‚  Ã‚  Ã‚  Ã‚  Cystic fibrosis is an autosomal recessive trait on chromosome 7. This disorder affects chloride transport resulting in abnormal mucus production. This lifelong illness usually gets more severe with age and can affect both males and females. Symptoms and severity differ from person to person. Cystic fibrosis is the most common fatal inherited disease among whites and the major cause of chronic lung disease in children. 50% of people are expected to live to be 30, but a majority die before age thirteen. 1:2000 whites have cystic fibrosis, 1:17000 blacks, 1:6000 live births, 1:2500 Americans, and 1:20 is a carrier.   Ã‚  Ã‚  Ã‚  Ã‚  The genes are inherited in pairs, with one gene coming from each parent to make the pair. Cystic fibrosis occurs when both genes have mutations. A person with cystic fibrosis receives one cystic fibrosis gene from each parent. The parents of a child, with cystic fibrosis, each carry one nonworking copy of the gene and one working copy of the gene. The parents are called cystic fibrosis carriers, and because they have one working gene they have no symptoms. Carrier parents have 1:4 chance to have a child who is a noncarrier of cystic fibrosis, a 1:2 chance to have a child who carries the gene, and a 1:4 chance with each pregnancy to have an affected child. If you have a son or daughter with cystic fibrosis, then you have a 1:1 chance of being a carrier. If you have a brother or sister with CF, you have a 2:3 chance of being a carrier. If you have a niece or nephew with CF, you have a 1:2 chance of being a carrier. If you have an aunt or uncle with CF, you have a 1:3 chance of being a carrier and a 1:4 chance if you have a 1st cousin with CF.   Ã‚  Ã‚  Ã‚  Ã‚  Cystic fibrosis affects the lungs in particular. The secretions are thick and sticky rather than thin and watery. This interferes with the removal of dust and germs. It can lead to lung infections and even chronic lung damage. Air passages become clogged with mucus and there is often widespread obstruction of the bronchioles. Expiration is especially difficult. More and more air becomes trapped in the lungs, which results in obstructive emphysema. Atelectasis can occur leaving small areas collapsed. Eventually the chest assumes a barrel shape. The right ventricle, which supplies the lungs, may become strain... ...gerate and be demanding for attention.   Ã‚  Ã‚  Ã‚  Ã‚  Parents may have knowledge deficit and may need a lot of teaching and explanation. One of the misconception parents have is that their child's intelligence is greatly decreased. Intelligence is not affected. Parents often feel guilty, since this is an inherited disease. The child spends the majority of his time at home due to this lengthy illness. The child is also hospitalized for complications although stays are short to prevent exposure to other infections and illnesses. This puts a financial, physical, and emotional burden on the family. When do the parents find time for each other, themselves, or other children? How do they distribute their time and energy equally and fairly? Parents need encouragement and reassurance. They also need explicit instructions. Parent groups can help along with the Nat'l CF Research Foundation and the 1-800-FIGHT-CF hotline. Parents usually need help from a social worker and financial help for special equipment. Insist parents to get help from other family members or friends and encourage them to get away from it all periodically. Alarm clocks can remind them of medication times.

Classes in the Kite Runner Essay

â€Å"Afghanistan is the land of Pashtuns. It always has been, always will be. We are the true Afghans, the pure Afghans, not this Flat-Nose here. † This is the start of the tension between the two distinct social classes on pages 40-43 within the novel, The Kite Runner. The author’s purpose for placing this scene within the novel is to show the relationship held between the Hazara Tribe, and the Pashtun tribe, within Afghanistan. The scene in the book allows the reader to begin to understand the tension between the tribes, which fuels the story. Due to the research I completed on the tribes within Afghanistan, I can sharpen my knowledge and interpret the scene in the novel better. While researching, I discovered that the Hazaras have Mongol Characteristics. As a result of this, I was able to understand the scene better, when Assef called Hassan a â€Å"Flat-Nose. † The reason that Assef Called Hassan this, was to poke fun at his Mongol Characteristics, such as having a flat nose. In the same manner, Assef states, â€Å"how can you talk to him, play with him, let him touch you? † Through my research, I was able to learn that it was rare for Pashtuns to play with Hazaras. Hazaras are of a much lower class than Pashtuns, and are treated poorly. Within the scene, there are three apparent literary terms—parallel, imagery and diction. Parallel is used when â€Å"Hasan [holds] the slinghshot pointed directly at Assef’s face. † Hassan uses his slingshot in this scene, to fight Assef, and Hassan’s son uses a slingshot to hurt Assef towards the end of the book. Additionally, the author uses imagery, to show the intense tension between the boys. When Hassan pulls the slingshot, â€Å"his hand [trembles] with the strain of the pulled elastic band and beads of sweat [erupt] on his brow. † This imagery allows you to realize the amount of stress, and tension Hassan must undergo. Finally, the author uses diction, when he describes the actions of the characters, including when he states, â€Å"he made a sweeping, grandiose gesture with his hands. † The diction such as sweeping, and grandiose, allows the reader to fully understand what Assef is trying to convey. There are two main ideas within the scene; they are the ideas of Assef hating Amir and Hassan, and Hassan protecting Amir. Based on the key idea of Hassan protecting Amir, the theme of love appears. Amir uses his slingshot, and does everything that he can to protect Amir, display his love towards him.

Shakespeare Sonnets