The Bias And Discretion Of The Sentencing Process

1415 Words May 24th, 2016 6 Pages
Unit 7 DB 1
Best Practices
Introduction
This learner was not surprised that racial biases exist within our court system when it comes down to sentencing. So, are we saying the judges are racist? This learner hopes not, but she cannot help but wonder if they are just based on the number of African American that is housed in our jails/prisons. There just seems to be an overwhelming amount of us incarcerated verses Caucasians. It is also amazing that some of the sentencing time that judges past down for the same type of criminal act (e.g., burglary, auto theft, etc.) seems to be worst for African Americans more than there Caucasian counterparts. Especially if they are both first time offenders. Now, there could be other reasons for this, like pleading out their case verse going to trial. So, why is that? There could be many reasons, but for this discussion this learner will examine ways that we could eradicate some of the bias and discretion in the sentencing process.
Race effect on sentencing and creating a guideline
As this learner was doing her research she noted that there were much argument in regards to the effect of race and sentencing, and how it negates a substratum constitutional commitment to equivalent fortification of the law.
The plan will need to first find out the sentencing data per race, criminal act, sentence handed down and the similarity of the cases by race and age group. Basically, we will be looking for any form of racial gap with sentencing between…
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