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Disparity and Discrimination
by Michelle Calderon, staff writer for AnaiRhoads.org.
04 September 2006
AnaiRhoads.org - A safe environment is the key component in modern society. Stable childhood development, good health, and successful involvement in education and the job market are what most citizens seek in today’s world. To some, survival is not just the option. Life is about getting ahead and succeeding. Money is the key motivation for the options individuals seek. However, no single issue can capture the difficulties that crime creates in the lives of individuals and communities. Affecting those issues are the conflicts among members of society as well as many disparities that exist that have been even more complicated by the growing immigrants and minorities that have resided in the U.S. In turn, these disparities can be defined as discrimination. Discrimination cannot be tolerated in society. Discrimination can become a problem especially if the criminal justice tolerates them.
With this in mind, there are issues that affect government policies, laws implemented as well as enforcement that results in either justice to safeguard society and/or justice that tends to outcast members of that society. While America has grown to be a complex massala of cultures and ethnically different citizens, moral values and ethics often collide that contradict different philosophies. Given the different types of people that live in the US, stereotypical mentalities and attitudes can sometimes overwhelm and often influence the course of the criminal justice system. But there are things that remain important to everyone: victimization (the experience of being a victim of crime), criminal activity, and how the criminal justice system acts as a result of these.
Discrimination is the act of singling out a certain individual/group for unfair treatment. Discrimination is the curse of the Criminal Justice System. It is complex and has no true definition for there are many. It is important to note certain factors that affect discrimination. Racial disparity in the criminal justice system exists when “the proportion of a racial/ethnic group within the control of the system is greater than the proportion of such groups in the general population” (The Sentencing Project, 2000, p. 1). A minority group is a group of people who, “because of physical or cultural characteristics, are singled out for differential treatment from those who regard them as objects of collective discrimination” (Anonymous, 2006). Labeling is stereotyping, or putting a tag on someone, and treating them accordingly, sometimes based on common folklore. At one point these different types of labelization do collide or act together and produce discriminazation.
The causes of disparity may be varied and include differing levels of criminal activity, law enforcement emphasis on particular communities, legislative policies, and decision making by criminal justice practitioners who exercise broad discretion in the justice process. “Illegitimate or unwarranted racial disparity results from the dissimilar treatment by the criminal justice system of similarly situated people based on race. In some instances this may involve overt racial bias, while in others it may reflect the influence of factors that are only indirectly associated with race” (The Sentencing Project, 2000, p. 2).
Statistics from communities and the nation as a whole show evidence of the impact of racial disparity at all levels of the criminal justice system. Crimes fall into three major categories: crimes against persons (including violent crimes), property crimes, and public-order crimes (traditionally, crimes such as drug sales, gambling, and prostitution have been included in this category). Information about the number of crimes is available from two types of sources, victimization surveys and data collected by law enforcement officials (the FBI Crime Index, for example). Since surveys provide more reliable information about the characteristics of victims, victimization data from the National Crime Victimization Survey, rather than FBI data, are compelling in their representation of crime trends. How this affects policy, can only be determined by practices that have been implemented? The media surely shows a pretty fraudulent portrayal or realistic depiction, depending on the person interpreting these data.
“Statistics show that more than one-fourth of all black males and 16 percent of Latinos can expect to spend time in prison during their lifetime, while only 4 percent of white males ever go to prison. African-Americans make up 12 percent of the U.S. population, but they compose about half of all prison inmates and 40 percent of those sentenced to death. Even more startling, a third of all African-American males aged 20-29 are right now either locked up, on probation, or on parole” (Brown, 2006). The question remains whether these statistics come from racism in the criminal justice system or from other causes. Surely, they affect the overall policies of the criminal justice system.
Disparities often have a cumulative effect, such that decisions made at one stage of the system contribute to increasing disparities at the following stages. For example, if bail practices result in similarly situated minorities being detained before trial at greater rates than whites, they will also be disadvantaged at trial and sentencing by having less access to defense counsel, community resources, and treatment options. (The Sentencing Project, 2000, p. 3). Still other examples exist: “driving while black” results in more conviction of DUI’s than probably whites. Minorities charged with felonies were more likely to be detained than whites. Additionally, prison populations of inmates are predominantly African Americans. The overwhelming use of capitol punishment being practiced is against black offenders v. white victims. These surely speak a lot. Some can say that racial disparities among populations are a result of discrimination and an outright rejection of equal justice.
Of course, criminologists and theories do not help discrimination practices. In fact, they seem to justify them. The Conflict Theory states that “the law is used to maintain the power of the dominant group in society and to control the behavior of individuals who threaten that power” (Walker, etc. 2004, p. 19). Differential Association is the idea that interacting with others learns criminal behavior. In other words, the people living in society dominates the trends within that area. Those in power, which seems likely to hold higher status in economic stature, will have a lot of control over policies that reflect those in lesser standing, much like the Radicalistic viewpoints that Carl Marx had asserted in his days. Even some of the female radicalists have some influence in determining discrimination among policies and implementations within the criminal justice system. These thoughts are scary especially when population rates are taken into factor. These theories seem to instill fear among groups of different upbringings and lifestyles and perhaps the cause of some of the discrepancies in policy making as well as discretionatory practices.
The measured level of criminal activity and criminal justice supervision is the result of actions by many individuals and institutions, including offenders, victims, the police, the courts, and the prison system. The influence of statistical findings seems to reflect some of the preconceived notions, policies and implementations of Criminal Justice officials in handling minority figures as well as the majority. Of course the overall population rates of races are measured in terms of statistical analysis: the census bureau and self-analysis. Other statistical informations are available at all means. All can be categorized as labeling and in certain respect, disparities.
Disparities can often lead to discrimination. Discrimination can often lead to disparities. It is important to realize that both issues affect decision making for it entails a huge amount of conflict that arises from notions whether preconceived or not, from members of society.
There is no denial that there are many disparities that exist in the world, much less in the US. What matters in the Criminal Justice system is the treatment of those who are considered part of the disparities that often intertwined to discrimination. How can the criminal justice system ignore such statistical findings? How can the criminal justice system ignore the data available to justify these findings?
In regards to this issue, policies of all criminal justice officials are proned to rely on such discrepancies. While discretion is practiced, to what extent is justified by these findings? When the majority of the community is of a certain race/ethnic background, how does the criminal justice respond to a particular incidence whether knowing or not knowing of stereotypical settings? True justice sees no color. But this is not reality. From the arrest period, to the booking process, to the criminal trial proceedings or plea bargaining, to the correctional setting, there are disparities and/or discrimination at times. At this stage, the two should not collide. When the two collide at this point, it is completely biased and out of the context of true justice as it should be upheld within the criminal justice proceedings. The problem with disparities is not only the methods of discrepancy but the outcome as a result of them.
In summary, disparities in every level portray a grim picture of life in society today. Often, disparity is intertwined with discrimination and associated with minority groups. Other factors, such as income level, skills, education, and personal connection to society should be taken into account or not taken into account. Disparities cause confusion that allow for stereotyping to occur. Not all stereotypes are bad. However, some stereotypes do harm society. Homogeneity can be accomplished with equal opportunities or ways for equal opportunities. Education is the key to solving these issues. Unless this is realized by every participant, the criminal system is left holding the discretionatory principles as a foundation to solving or resolving issues in the Criminal Justice System. Society as a whole is responsible for everyone’s education. Each individual within society must take responsibility in taking part into this process.. Disparity should not have to lead to discrimination. Disparity can be just that, disparity among the differences in culture/ethnic/racial background and not responsibility to society. An individual does not have to answer to society because of his/her race. Instead the system should be based on the actual moral conviction of a crime and whether or not the guilty party should know it is right and wrong. Crime is about right and wrong, not about whether or not one group is proned to that particular crime.
References:
Anonymous. (2006). Is the Criminal Justice Racially Biased?
Brown v. Board of Education. (2006). Brown v. Board of Education.
The Sentencing Project. (2000). The Sentencing Project.
Walker, S., Spohn, C. & Delone, M. (2004). The Color of Justice. (19-24).
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