Disparity and Discrimination Essay
Disparity and Discrimination Essay
CJA344
In the criminal justice system there are many complaints that exist in regards to its fairness. Much of this is based on perception and much of this is based on the person’s individual experiences and observations. The terms disparity and discrimination are tossed around in different contexts to describe the views held by the system. Sometimes these terms are used correctly, other times they are not. It is a common misconception that they are each used constantly within the system itself and this is largely based on how the public views how the criminal justice system treats those who are entangled within it. In this paper we will attempt to compare and contrast the terms disparity and discrimination as well as how each of them relates to the criminal justice system.
“We cannot run society for the privileged and allow a significant proportion of the population to be marginalized. It impacts the quality of life for all of us if we have ‘throw away’ people. A justice system which tolerates injustice is doomed to collapse.”
—Leonard Noisette, Former Director,
Neighborhood Defender Service of Harlem, NY
Disparity in the criminal justice system would be pertaining to the lack of similarity or equality. Disparity in the criminal justice system is largely referred to as the inequality that exists. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control of the system is greater than the proportion of such groups in the general population. The causes of such disparity are varied and can include differing levels of criminal activity, law enforcement emphasis on particular communities, legislative policies, and/or decision making by criminal justice practitioners who exercise broad discretion in the justice process at one or more stages in the system (Analysis, 1995).
Discrimination is the treatment of or the making of a distinction in favor or against a
CJA344
In the criminal justice system there are many complaints that exist in regards to its fairness. Much of this is based on perception and much of this is based on the person’s individual experiences and observations. The terms disparity and discrimination are tossed around in different contexts to describe the views held by the system. Sometimes these terms are used correctly, other times they are not. It is a common misconception that they are each used constantly within the system itself and this is largely based on how the public views how the criminal justice system treats those who are entangled within it. In this paper we will attempt to compare and contrast the terms disparity and discrimination as well as how each of them relates to the criminal justice system.
“We cannot run society for the privileged and allow a significant proportion of the population to be marginalized. It impacts the quality of life for all of us if we have ‘throw away’ people. A justice system which tolerates injustice is doomed to collapse.”
—Leonard Noisette, Former Director,
Neighborhood Defender Service of Harlem, NY
Disparity in the criminal justice system would be pertaining to the lack of similarity or equality. Disparity in the criminal justice system is largely referred to as the inequality that exists. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control of the system is greater than the proportion of such groups in the general population. The causes of such disparity are varied and can include differing levels of criminal activity, law enforcement emphasis on particular communities, legislative policies, and/or decision making by criminal justice practitioners who exercise broad discretion in the justice process at one or more stages in the system (Analysis, 1995).
Discrimination is the treatment of or the making of a distinction in favor or against a
References: Office of Justice Systems Analysis (1995). Disparities in Processing Felony Arrests in New York State: 1990–1992, Office of Justice Systems Analysis, New York State Division of Criminal Justice Services. Internet Reference, http://www.sentencingproject.org/doc/publications/rd_reducingracialdisparity.pdf¸Retrieved on May 22, 2011. Internet Reference, http://www.soros.org/initiatives/usprograms/about/bios/noisette, Retrieved on May 22, 2011. Internet Reference, http://www.indianexpress.com/oldStory/76225, Retrieved on May 22, 2011.