Essay - Disparities in the Court System: Sentencing of African Americans and...


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DISPARITIES IN THE COURT SYSTEM: SENTENC*****G OF AFRICAN AMERICANS AND HISPANICS

***** DESIGN

SETTING WHERE RESEARCH IS TO BE CONDUCTED

The research proposed in this document is to take place ***** several selected jurisdictions on calls for "service, arrests, and failure to arrest, prosecutions ***** failures ***** prosecute and other data relevant to determining disparity prior to sentencing toward the objective of a statistical determination ***** factors that affect ***** decision to incarcerate, including the charges levied against the defendant and the length of the sentence imposed upon the defendant. The primary data systems in most states for collection ***** information on offenders are Department of Corrections offender-tracking information systems and the court systems case management systems database.

INDEPENDENT ***** DEPENDENT VARIABLES

1. Dependent variable

***** dependent variable in this study will be the race/ethnicity of the offender that has been ********** for a crime.

2. Independent V*****riables

Independent *****s in ***** study include those as follows:

Sentence Length;

***** crime committed;

The race of the victim (if any)

The gender of ***** offender

The gender of the victim (***** any)

The age of the *****

The age ***** the victim

***** injury to the victim

Prior convictions

Seriousness of disposition

Total current convictions

On probation

Released on bond

Private attorney

Guilty plea

State/County/City ***** conviction

Offense type

Homicide

Rape

Robbery

Assault

Classification of Habitual Offender Assigned

DATA COLLECTION METHOD

1. Analysis ***** Data

The work of Mueller, Connelly, and Pingel entitled: "Starting Points: The State and National Landscape" states: "In theory there are two types of factors that contribute to racial disparity: (1) differential participation (or involvement) in criminal activity; and (2) differential treatment by the ***** justice systems and processes." (2004) According to Mueller, Connelly and Pingel (2004) Differential participation "describes whether, and how different demographic groups differ in terms of the percent***** f their members who commit crimes." On the other hand, ***** treatment describes "bias-***** intentional or overt, or circumstantial - re*****lected in the ways the actors in ***** crim*****al justice system (police, prosecutors, defense attorneys, judges) treat subjects of different demographic groups." (*****, Connelley, and Pingel, *****) Some *****ers have attempted to quantify the difference between differential ***** and ***** treatment. Blumstein (*****982) states calculations "that 80 percent ***** racial disproportionality in imprisonment is explained by differential ***** by minority groups in criminal activity." (Mueller, Connelley, ***** Pingel, 2004) Yet Crutchfield, Bridges and Pitchford report that ***** researchers "have since refined the data ***** methods employed to yield estimates of 66%." (*****, Connelley, and Pingel, 2004) However, it is held by Mueller, ***** and ***** that in order for research to be valid, that both of these fac*****rs must be taken into account. The work of Oliver (2004) ***** related in which comparisons of incarceration rates and sentence lengths were used ***** subdivided ***** ***** and type of crime to describe how observed racial disparity stems from 'factors' that ***** a combination of bias, real differences in serious *****, social and political conditions.' Whether attributed

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