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The Sociological Perspective Of Functionalism

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Bias, as defined by Merriam-Webster, is an inclination of temperament or outlook, or a personal and sometimes unreasoned judgement. We face bias in our everyday lives when dealing with all aspects of life and not necessarily the criminal justice system. As a part of society, like conflict, bias helps our society function. While not always in a positive sense, bias does have a place in society that helps it function the way we know it today. Bias in society can be compared or categorized under the sociological perspective of Functionalism. The sociological theory of Functionalism is essentially when all aspects of society that are interdependent contribute to the functioning existence of society as a whole. If there was no bias in society, …show more content…

Federal Sentencing guidelines are in place for when there is sentencing in cases to ensure that those who are sentenced are basically “on the same playing field”. However, sentencing is based upon previous criminal history as well as the components and severity (according to U.S. Guidelines) that effect the overall recommendation made to the court. For example, if the offender committed Aircraft Piracy or attempted aircraft piracy, the base offense level for the recommendation would be 38. If a death occurred during the commission of the offense, 5 levels are to be added. Depending on the past criminal history of the defendant, they could be looking at anywhere between 235 months (20 years) to life in prison. Federal Guidelines help our court systems sentence each and every individual in the system fairly without the issue of bias and racism effecting judgement. In a recent Supreme Court case, McCleskey v. Kemp, the issue of racial bias was brought to challenge. In this case, the defendant, McCleskey, was challenging his sentence to death based on the fact that he believed it was a racial issue. The defendant filed a habeas corpus in order to petition the court and his sentence. The petitioned claimed that capital punishment process in Georgia was “administered in a racially discriminatory manner in violation of the 8th and 14th Amendments” (Justia). According to the Baldus Study, which was conducted during

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