Sentencing disparity
Encyclopedia
Sentencing disparity is defined as "a form of unequal treatment that is of often of unexplained cause and is at least incongrous, unfair and disadvantaging in consequence". It is important to distinguish disparity from differences that arise due to legitimate use of discretion in the application of the law
and those difference that arise due to discrimination or other, unexplained, causes unrelated to the issues found in the specific criminal case.
This is a major problem because two judge
s could be faced with a similar case and one could give an extremely unfair and unnecessary verdict, whereas another would give a much lesser sentence. A 2006 study by Crow and Bales gives evidence of sentencing disparity. The Florida Department of Corrections
gave statistics of those prisoners whom received probation or community control in the period 1990–1999. Prisoners were categorised as Blacks and Hispanics or Whites/Non-Hispanics. The study found that the Blacks and Hispanics received more intense and harsher penalties than the White/Non-Hispanic group.
A University of Georgia
study found substantial disparity in criminal sentencing men and women received "after controlling for extensive criminological, demographic, and socioeconomic variables". The study found that "blacks and males are... less likely to get no prison term when that option is available; less likely to receive downward departures [from the guidelines]; and more likely to receive upward adjustments and, conditioned on having a downward departure, receive smaller reductions than whites and females".
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and those difference that arise due to discrimination or other, unexplained, causes unrelated to the issues found in the specific criminal case.
This is a major problem because two judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s could be faced with a similar case and one could give an extremely unfair and unnecessary verdict, whereas another would give a much lesser sentence. A 2006 study by Crow and Bales gives evidence of sentencing disparity. The Florida Department of Corrections
Florida Department of Corrections
The Florida Department of Corrections, established in 1821, operates state prisons in Florida. It has its headquarters in Tallahassee.The Florida Department of Corrections operates the third largest state prison system in the United States...
gave statistics of those prisoners whom received probation or community control in the period 1990–1999. Prisoners were categorised as Blacks and Hispanics or Whites/Non-Hispanics. The study found that the Blacks and Hispanics received more intense and harsher penalties than the White/Non-Hispanic group.
A University of Georgia
University of Georgia
The University of Georgia is a public research university located in Athens, Georgia, United States. Founded in 1785, it is the oldest and largest of the state's institutions of higher learning and is one of multiple schools to claim the title of the oldest public university in the United States...
study found substantial disparity in criminal sentencing men and women received "after controlling for extensive criminological, demographic, and socioeconomic variables". The study found that "blacks and males are... less likely to get no prison term when that option is available; less likely to receive downward departures [from the guidelines]; and more likely to receive upward adjustments and, conditioned on having a downward departure, receive smaller reductions than whites and females".