It is apparent that there are also variations in the overrepresentation of different groups within the ethnic minority category and also between gender, patterns and levels of offending also vary significantly (Race and the CJS, 2010). But, why are certain groups of people systematically overrepresented in the criminal justice system? To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on UKEssays.com then please: Our academic writing and marking services can help you! There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. Through this an individual’s self-mage and social identity are seen as being more important (Tajfel’s social identity theory). Ultimately these accounts of Maori over-representation in the criminal justice system – and, indeed, of over-representation in poor economic outcomes – involve a process of cumulative circular causation through time of one event impacting on subsequent events both for the individual and through generations. 13th Apr 2017 Furthermore, neoliberal laissez-faire economics in the US, suggest the market naturally redistributes wealth fairly. They looked at the decision-making process of over 3,000 defendants, from this they discovered that over 50% of the black defendants were unemployed, this being more than double that of white or Asian defendants was seen as influencing the decision (Brown and Hullin, 1992). The research question: Does racial discrimination exist in the sentencing stages of the Criminal Justice System, is, therefore, answered, however, not with much significance. Hood himself admitted that he did not aim to provide a general or casual explanation but wants to make sure that the reasons for these differences in treatment between ethnic minorities and whites should remain open to speculation (Spalek, 2008). The main focus has been on how the race of an individual can increase or decrease their sentence. BAME youth continue to be disproportionately targeted by police’s wide-ranging stop and search powers. Webster (2007). For non-Indigenous people, the imprisonment rate has increased by 24%, from 131 to 163 per 100,000 over the same period. Inequality is a strong explanatory factor of over-incarceration : school failure, peer influence, living in poor areas, drug use and joblessness (Webster, 2007). The report is a decade old. Nordic countries), the conservative/ christian democratic︎ regime – decommodification within existing hierarchical structures: family, community, church, protective but not egalitarian (e.g. In using questionnaires interviewer variability was avoided and the questionnaires also proved to be more convenient for respondents. Those being researched were approached and informed about the topic of the questionnaire and were prompted to participate (volunteer sampling) this potentially included participants with a variation in gender and age who were interested in and had an opinion about the role of race in the sentencing process of the Criminal Justice System. Research into this issue may show little bias in race and sentencing, but it is argued that if previous offences and the seriousness of the case are considered, ethnic minorities are most likely to get a harsher sentence (Blumstein, 1982). Copyright © 2003 - 2021 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. According to the theory of prejudice, experience and knowledge are its main functions, it is important for an individual to know what they are doing and understand the world in which they do it in (Anderson and Taylor, 2007). Do you have a 2:1 degree or higher? That’s why I have asked David Lammy MP to lead a review of the over-representation of defendants from black and ethnic minority backgrounds in the criminal justice system. The estimates about imprisonment also seemed to be related to the leniency of the sentences the offenders received. If the opportunity was to arise, this study would be taken a step further; it would be expanded to include a larger and more representative sample. The overrepresentation of ethnic minorities in crime and justice can be seen in early history, for example through the work of Frederick McClintock’s “crimes of violence” (1963), which studies violent crimes and finds that the conviction rate of black people increases by 13% in a span of 10 years (McClintock,1963). From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. From early history its evident that race plays some sort of role in the sentencing of ethnic minorities. More respondents would give the opportunity to include a more generalizable sample and therefore result in more reliable and valid results about how race influences the sentencing decisions in the Criminal Justice System. The research question – does racial discrimination exist in the sentencing stages of the Criminal Justice System? Second is the instrumental function which is associated with rewards and punishments (Anderson and Taylor, 2007). Australian crime: facts & figures 2013. By Eponine Howarth (LSE (BSc Politics and International Relations). ... that bias operates within the criminal justice system, such that any suspected or actual offending by … This ensured that those who volunteered to complete the questionnaire had a strong interest in the topic. At least 15 states in the past decade have enacted legislation identifying and addressing over-representation of minorities in the juvenile justice system. The questionnaire helped to explore such a potentially sensitive topic about race and sentencing, especially because the questionnaires were anonymous and completed in private. They all varied in gender and age; however, no specifics were noted about their age or gender due to limited time and the low significance of the issue. It was then important to establish whether or not the respondents knew about the types of sentences that were available. However there is a minority who will offend and once involved in the system have an increased risk of lifelong involvement. The research explored public opinions on the role that race plays in the sentencing stages of the Criminal Justice System. Predictive policing predicts crime to occur in a particular place, and therefore the police’s resources are concentrated towards arresting crime perpetrators in these areas. This shows how unawareness about the sentencing practice can be a major source of the disappointment that the public experience about the judiciary. The second part attempts to understand higher risk levels for some groups, by exploring structural factors: different levels of inequality, linked to types of welfare states, embedded ideologies (neoliberalism) and approaches to crime and punishment (retributivist, utilitarian). As race and sentencing are widely researched topics, it is important that their definitions are not assumed. Sveinsson (2008) addresses the importance of narrative analysis and discourse analysis. Criminal statistics show that people of muslim religion, black race, of male gender and of lower class are overrepresented in the criminal justice system and prison populations in particular. This would shine light on the public opinions and whether or not pressure from these opinions affects the decision making in the sentencing process of the Criminal Justice System and how this decision is influenced by the race of the defendant. Sveinsson (2008). Ethnic minorities are also seen to be discriminated against by courts; they are much more severely dealt with when it comes to sentences received in courts, more likely to be sent to prison than whites who have committed the same offence (Hood, 1992). The unclarity of what constitutes ‘reasonable grounds’ for lawful police action translates into a culture of targeting BAME people at a disproportionate rate. (2011, June 7). Isaac and Lum (2016) indicate that predictive drug policing leads to “increasingly disproportionate policing of historically over-policed communities”. The aim of this research essay is to look at literature and establish whether patterns of sentencing among ethnic minorities differ in a significant way from patterns of sentencing among whites. proposed ‘justice reinvestment’ as a possible solution to the over representation of Indigenous people in the criminal justice system. Cunneen, C. (2006), ‘Racism, Discrimination and the Over-Representation of Indigenous People in the Criminal Justice System: Some Conceptual and Explanatory Issues’, Current Issues in Criminal Justice… This essay suggests that systematic overrepresentation of certain groups is more structural, a collective fate for ethnic minorities (holistic approach) in individualistic societies, rather than the agency (methodological individualism) or biology of these individuals. The methodological issues resulted mainly from the prediction scale used and its accuracy of only 75 per cent and their ‘risk of custody score’ which could only include relevant factors and in so doing leaving out important factors such as unemployment (Hood, 1992). To have a better and deeper understanding of the research findings, the research will be drawing on some theoretical concepts. A Tale of Two Englands : “Race” and Violent Crime in the Press. 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… However, inequality is the result of higher structural factors. W hen David Cameron asked me to conduct a review into the over-representation of black, Asian and minority ethnic (BAME) individuals in the criminal justice system, I thought I … Criminology We do not assume the existence of a single criminal justice system or definition of crime : both vary across space and time, and levels of overrepresentation vary accordingly. The questionnaire was used to collect direct information relating to the opinions of the public about the behaviour of certain people; it also looked at the basic opinions of a group of individuals in relation to the issue in question. • Although Māori are 13% of the New Zealand population, in 2006 they accounted for 43% of all police apprehensions. This was largely because people from these ethnic groups made up a disproportionate share of people arrested, and this carried through to the prosecution, conviction, and imprisonment stages. Considering crime punishable for the simple fact it’s a crime (retributivist approach), leads to the natural incarceration and overrepresentation of higher risk groups (criminalisation expansion in the US). Robbery had the highest estimates of individuals ending up in prison (45 out every 50), drug offences were not far off with estimates of 43 of every 50 and drug offences falling behind but not far off with estimates of 40 out of every 50 (see appendix 9). Thus, the crucial intersectional approach (Crenshaw, 1990), because it is not men or black people that are overrepresented, but young black men from lower social classes (intersection of race, gender, age and class). So the public, though being ignorant and having no idea about sentencing might still have negative opinions due to the simple fact that this is the view of their preferred group. The Report found that: Jeff Brantingham, anthropology professor at the University of California Los Angeles, displays a computer generated “predictive policing,” zones at the Los Angeles Police Department Unified Command Post (UCP) in Los Angeles. In recent years, the Queensland Police Service (QPS) and Queensland courts have sought to rely on a range of 'diversionary' practices such as youth justice conferencing and cautioning as a response to the alarmingly high rates of over- representation of Indigenous youth in Queensland's criminal justice system. In the US, the lower income groups, also happen to be immigrants with different ethnic backgrounds (importance of immigration levels). Disabling Justice - Why the system fails people with disability and mental illness. There are indications of a degree of over-representation related solely to ethnicity, rather than any other expected factor, at key points in the criminal justice system. The reproduction of these inequalities (economic, social, cultural) and lack of social mobility (equal opportunities : Sen and Nussbaum) lead to the perpetual overrepresentation of the same groups. In comparison to the previous question it was discovered that about 90 per cent of those who thought judges were doing a poor job also thought that the sentences were too lenient (see appendix 7). As a result, about half the inmates in the United States are African-American” (The Atlantic, 1998). No plagiarism, guaranteed! “Just deserts” justify “fair” punishments proportionate to the seriousness of the crime. – Meant that topics to be addressed in the questionnaires would be sensitive and/or embarrassing to some, it was, therefore, easier to be addressed through an anonymous questionnaire (Babbie, 2010). To be able to find out whether sentencing is affected by race and if discrimination does exist it would have to be evident that when all relevant legal variables are taken into account, a higher number of ethnic minorities are given a custodial sentence and/or a longer sentence (Marian, 1991). Mr Lammy said it was well established that there was an over-representation of people from minority backgrounds in the criminal justice system, but his report was about looking at … To ensure credibility of this research, standardised instruments were used because they can be assessed in a direct way. Especially when you take the wider risk factors attributed to these groups, one quickly understands that poverty is not a culture, thus the absurdity of the assimilation of crime to specific ethnic minority cultures. Over-representation of Maori in the criminal justice system : an exploratory report. Only 23 percent of respondents thought that judges were doing a good job; 48 percent thought that they were doing a fair job and 29 percent thought they were doing a poor job (see appendix 3). Enter your email address to subscribe to the LSEUPR blog and receive notifications of new posts by email. One thing they do share, however, is a high rate of poverty” (The Atlantic, 1998). Research into race and sentencing like those referenced above and others alike bring up concerns about some of the questions left unanswered about the topic. Similarly the late and former Prime Minister Margaret Thatcher noted the importance of the incorporation of public opinions in the sentencing debate (Hough, 1998). Disclaimer: This is an example of a student written essay.Click here for sample essays written by our professional writers. Residential segregation shows that poorer groups tend to be concentrated in areas where the access to public services is worse : schools, infrastructures etc. It was seen in the British crime survey 2010-11 that the risk of being a victim of crime was higher for all ethnic minorities than white groups (Race and the CJS, 2010). Trends & issues in crime and criminal justice; The over-representation of indigenous people in custody in Australia The over-representation of indigenous ... Offenders, Statistics, Courts, Corrections, Trends, Criminal justice system, Comparisons, Victims. It is an error to consider the human being as naturally inclined to committing criminal offences – a racist or sexist approach because the is no scientific evidence that men, or black ethnic minorities are naturally criminals. The media is largely guilty because of the way it contributes to the depiction of black minority people, as true perpetrators of violence. The method used closed-ended questionnaires. It concluded in 1991 that the over-representation of Indigenous people in the criminal justice system is inextricably linked to their socio-economic status. Overrepresentation also suggests two types of problems : groups more likely to commit crime, and those more likely to be arrested. Respondents were asked to estimate that out of every 50 ethnic minorities that were convicted of any of these crimes, how many ended up in prison. The govern… Media discourse thus blames crime on ethnic identity. These factors could all play a part: areas and environment in which they grew up in, social and material deprivation, boundaries up the employment ladder and inadequate socialisation, just to name a few (Mathews, 2009). These findings are supported by the theory of prejudices. This made the topic easier to investigate. Prejudice is hard to remove showing the difficulty in combating the negative opinions of the public. Some authors have argued that the primary cause of over-representation is widespread criminality among Indigenous peoples, rather than what is sometimes termed 'systemic bias' in the criminal justice system. Policing is coupled to the issues associated with rewards and punishments ( Anderson Taylor... Effects of the rise of China on the type of discrimination can also browse our articles. For respondents secure and we 're here to help dissertations, you can also browse our support here... 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