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. The nature of the mobilisation determines the type of welfare capitalism that emerges : the social democratic︎ regime – highest level of decommodification, egalitarian in aim (e.g. The media is largely guilty because of the way it contributes to the depiction of black minority people, as true perpetrators of violence. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The significant over-representation of people with disability and mental illness in prisons represents a failure in providing appropriate supports, early intervention and alternative pathways, said panelists at a forum on disability in the justice system held at RMIT University on Friday, 1 March 2019. By Eponine Howarth (LSE (BSc Politics and International Relations). – 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). However, inequality is the result of higher structural factors. There have been disputes to have this taken out of legislation for it is argued that those in law enforcement who have the power to strip an individual of their freedom and liberty should act in respect of racial origins of the defendant (Michael, 1989). The overrepresentation of ethnic minorities in the Criminal Justice System looks like this: in 79.6 of arrests in 2009-10 those who were involved classified their ethnicity as white (Race and the CJS, 2010). La Prarie, C. (2002). Essay competition 2018 second place: Is war and conflict an inevitable feature of global politics? The research question – does racial discrimination exist in the sentencing stages of the Criminal Justice System? Targeted policing also requires intersectionality : “Among those arrested for drug crimes, the proportion who are African-American men has tripled. It is clear that the role of race in certain stages of the Criminal Justice System such as sentencing is very important. Overrepresentation also suggests two types of problems : groups more likely to commit crime, and those more likely to be arrested. Although the prevalence of illegal drug use among white men is approximately the same as that among black men, black men are five times as likely to be arrested for a drug offences. Policemen are not immune to these racist preconceptions, leading to over-targeting, and the lesser value of the ethnic minority person’s side of the story. However, there is no understanding systematic overrepresentation without understanding certain structural risk factors : levels of socio-economic inequality (exclusion from communities and markets), because of different welfare states, ideologies and approaches crime. One thing they do share, however, is a high rate of poverty” (The Atlantic, 1998). Hartney, C. (2006) US Rates of Incarceration : A Global Perspective. Reference this. It seems almost unjust to answer such a research question without assessing public opinion on the sentencing process and its relation to race as it can be assumed that their opinions are important even though not directly (Hough, 1998). Criminology The approach to crime also explains the variations in incarceration of high risk groups. Section 6: Findings on Over-Representation in the Criminal Justice System 353 in Victoria. 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 overrepresentation of ethnic minorities in the Criminal Justice System looks like this: in 79.6 of arrests in 2009-10 those who were involved classified their ethnicity as white (Race and the CJS, 2010). 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). 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. Volunteer sampling was used, a type of non-probability sampling, through this the volunteers self-selected themselves into the questionnaire (Bryman, 2008). 2. 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… Prejudice is hard to remove showing the difficulty in combating the negative opinions of the public. In 2010 the rates for indictable offences were higher for white persons at 81% than for ethnic minorities, 74% for black and 77% for Asians (Race and the CJS, 2010). Enter your email address to subscribe to the LSEUPR blog and receive notifications of new posts by email. It will also look at the nature and extent of the variation in sentencing -if any at all- what might cause the variation and any available solution strategies. It was then important to establish whether or not the respondents knew about the types of sentences that were available. This means if most of the distribution of cases had been from Dudley Crown Court and not Birmingham Crown Court the results would have been more racially biased (Hood, 1992). The discriminatory policy is especially aimed at black minority ethnic neighbourhoods : in NYC, “Out of a total of 14846 arrests, 13334 were non-white people“ (NYPD Report) and “US rates are in large part driven by disproportionate minority incarceration (…) African Americans are over six times as likely to be incarcerated as whites; Latinos over twice as likely.” (Hartney, 2006). proposed ‘justice reinvestment’ as a possible solution to the over representation of Indigenous people in the criminal justice system. Many of the research findings on race and sentencing have issues -for example methodological and theoretical issues and concerns – this results in the difficulty to prove that a relationship between race and the sentencing decision exists (Spalek, 2008). Māori Over-representation in the Criminal Justice System overall, and this was particularly marked for Māori (an increase of 40%). 13th Apr 2017 Criminology Reference this. The Wire, not as genuinely reliable statistical document, but a realistic portrayal of society politics, interestingly shows the parallel between poverty and illegal drug trade. VAT Registration No: 842417633. The research question: Does racial discrimination exist in the sentencing stages of the Criminal Justice System, is, therefore, answered, however, not with much significance. Credibility was also achieved through reliability because the questionnaire was close ended and standardised, this means the questionnaire can easily be repeated by different researcher’s and the chances of measurements being consistent are high. For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in … For example, the respondents who stated that the sentences were too lenient also put down lower estimates of imprisonment. Furthermore, discriminatory policing is coupled to the systematic portrayal of crime by the media. Although the numbers might be small, Hood did manage to show that discrimination in the crown court exists, both direct (for example through bail decisions, the rate of sentencing and sentence imposed) and indirect (for example through the decision to plead not guilty and social inquiry reports) (Spalek, 2008). Through this an individual’s self-mage and social identity are seen as being more important (Tajfel’s social identity theory). Unequal reporting then further widens the dichotomy between real crime location and targeted areas : “In a second experiment, Isaac and Lum hypothesised that sending police to neighbourhoods chosen by the algorithm would lead to a jump in reported crime by 20%” (Business Insider, 2016). The growth of ethnic minorities was not widely accepted and the resistance towards them was shown through racism and violence. US, UK). One of the main key findings was the public’s dissatisfaction with the court system, it was also significant that those who stressed the poor quality of the execution of work with Criminal Justice professionals also stressed that sentences were too lenient and they were not severe enough, also high estimates of ethnic minority imprisonment were made in relation to specific crimes. To take the research question further questionnaires were conducted to assess public opinion on the role of race in the sentencing possesses of the Criminal Justice System. Psychology and Behavioural Sciences Collection, 44(2), 181-208. A one-week time frame was left for the questionnaires that were taken away; at the end of that week 15 questionnaires were gathered in total. Since the growth of ethnic minorities in Britain with its peak in the 1990’s the interest in their progress has increased. Showing that race might not be central in this decision. Jeff Brantingham, anthropology professor at the University of California Los Angeles, displays a, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), We use cookies on this site to understand how you use our content, and to give you the best browsing experience. What was being explored was clear and this resulted in a better understanding of the questions and the questionnaires were then completed at a faster rate (see appendix 2 for questionnaire). The govern… Australian crime: facts & figures 2013. A Tale of Two Englands : “Race” and Violent Crime in the Press. During the research the researcher was expected to perform certain duties in order to fulfil their role. When we take a closer look at the criminal data statistics, we notice that socio-economically deprived groups are more likely to be perpetrators, but also victims of crime : “New York City and the North Country have very little in common. This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. This shows how unawareness about the sentencing practice can be a major source of the disappointment that the public experience about the judiciary. It is then clear that although the public are aware of some sentencing penalties, not all of them are known as a result not thought of when the public talk about sentencing. Essay competition 2018 third place: What are the effects of the rise of China on the present world order? Webster (2007). Just over half thought that the sentences were too lenient (59 per cent) to some extent and just below half of the respondents (41 per cent) thought that the sentences were lenient enough. 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). Police had the highest percentage of doing a good job at 70 per cent (see appendix 4) and magistrates and prison officers were in the middle with 50 per cent each (see appendix 5 and 6). Not only were ethnic minorities the victims of these attacks but they were also first to be arrested and sentenced for the same attacks (Gabbidon, 2010). All work is written to order. By doubting the work that the judiciary does the public also doubts that the judges know what they are doing and whether or not they understand the world in which they work. Blaming gun culture on black communities attempts to use culture to explain violent acts (crime as cultural). To conclude, both institutionalised racism (targeted policing and the media), and structural factors (inequality, liberal welfare states, neoliberalism and retributivist approach to crime) explain the overrepresentation of certain groups in some criminal justice systems (multi-causal). 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. Media discourse thus blames crime on ethnic identity. 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. 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. This helps to inform the research question as it talks about the history of race and discrimination. These words were used in this way in the analysis to narrow down and avoid any confusion. 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. Questions about the equality of minority treatment by police, courts and other personnel in the justice system have prompted state policymakers to address this important issue. Hood wanted to find out the race effect of sentencing and to do so he looked at 2,884 defendants who appeared in different Crown Courts in the West Midlands. The research explored public opinions on the role that race plays in the sentencing stages of the Criminal Justice System. Experience and knowledge is one of these functions, it is important for an individual to feel they know what they are doing and understand the world in which they do it in (Anderson and Taylor, 2007), in this case judges will most likely feel that convicting and sentencing ethnic minorities just because they have been treated so in past cases shows their understanding of the world and how things work. 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 … AP Photo/Damian Dovarganes. ... that bias operates within the criminal justice system, such that any suspected or actual offending by … Due to the nature of the topic the respondents were given the option to take the questionnaire home and complete it in private. 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). 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. Overrepresentation is different in some countries because some welfare states attempt to prevent crime, by limiting risk factors for those excluded from capitalist markets. According to Gabbidon it is hard to determine that race affects or plays a role in this decision as the race of the defendants is not disclosed (Gabbidon 2010). A prejudice is seen as an attitude that serves cognitive and emotional functions. From early history its evident that race plays some sort of role in the sentencing of ethnic minorities. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. This ensured that those who volunteered to complete the questionnaire had a strong interest in the topic. After volunteers had shown interest on approach, they were briefed on the purpose of the research, each volunteer was then informed that they could stop doing the questionnaire at any time and that the questionnaire would remain anonymous and they were reassured that their data would not be used against them, that their information would not be handed to third parties and would only be seen by an examiner. 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. An individual is then most likely to follow the attitudes of their preferred groups just so they could be rewarded in the case of judges for example for promotions and higher pay rolls. However, even though race might not have an influence at this stage, it is clear to others such as Hood (1992), Mhlanga (1997) and Banks (1999) that race does affect prosecution, sentencing and legal representation. The topic being researched is a complex one, the questionnaire failed to touch upon these complexities of the topic. Overrepresented because higher risk factors – structural mechanisms. Key points were identified that were used in the construction of the questions (see appendix 1 for questionnaire guide) these included available sentencing options for ethnic minorities, imprisonment for different types of offences, sentence leniency and sentencing length. (2011, June 7). The level of inequality is a strong determinant of risk : social and economic exclusion. This helps to ensure justice as well as confidence of ethnic minorities in the legal system. C. Ideologies (neoliberalism) and approaches to crimes (retributivist vs utilitarian). It is, therefore, important to consider the races of the judges themselves, which in England and Wales are predominantly white. Over-representation of Maori in the criminal justice system : an exploratory report. 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. criminalising adultery). 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. 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 … This paper attempts to shed … This shows that the more judges were seen as being out of touch with society, the more they were seen as doing a poor job, therefore, giving lenient sentences to ethnic minorities. It is important however, not to take these findings at face value as hood’s study faced a lot of issues both methodologically and theoretically. Ethnic minorities are also more likely to be the victims of crimes. Ethnic minorities are seen to be very similar, for example when it comes to social economic characteristics and this may be seen as affecting and/or influencing the sentencing decision. Hood’s findings were unsurprising in relation to previous research; he found that the racial difference in sentencing was less than what might have been assumed. The Report found that: Copyright © 2003 - 2021 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Representation of this research was also a problem due to the sentencing differences between the courts that were investigated (Hood, 1992). Some of these included; taking the responsibility of finding out about what was expected of the research, taking the initiative in identifying any issues and problems, undertaking the recommended reading, producing the written work needed, consulting with tutors about any difficulties that are encountered when undertaking the work, generating ideas, setting realistic deadlines and ensure that the research meets with the required regulations (Babbie, 2010). The research question that will be investigated will then be: Does racial discrimination exist in the sentencing stages of the Criminal Justice System? The need for credible research had an effect on the way the research was conducted because to ensure credibility certain guidelines needed to be followed and deviation from these was not permitted. This obviously leaves poorer groups, because they are at higher risk (as discussed before), to be overrepresented. In Nordic Countries, the educational and reinsertion in society approach, both socially and economically, leads to lesser incarceration rates (and the social democratic welfare state will reduce risk). Similarly the late and former Prime Minister Margaret Thatcher noted the importance of the incorporation of public opinions in the sentencing debate (Hough, 1998). In 2009 Black people made up 2.7% of the population aged 10 and above but represented 8.0% of those arrested in England and wales, while Asians made up of 5.6% of the population aged 10 and above and represented 5.6% of those arrested in England and wales (Race and the CJS, 2010). http://www.nccdglobal.org/sites/default/files/publication_pdf/factsheet-us-incarceration.pdf. The consequences of colonisation are far-reaching and intergenerational, continuing to play out in Aboriginal peoples’ interactions with the criminal justice system. This research will try to contribute to the closure of this gap, by focusing on the attitudes and opinions of the public about their views on the topic. 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. 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). Firstly, certain groups are overrepresented, not because they are higher offenders, but because they are over-targeted : “Crime rates do not account for incarceration rates.” (Hartney, 2006). It should be noted, though, that the relevant literature does not identify inappropriate police discretion as the single or even the most significant cause of over-representation in the criminal justice system. Ultimately, overrepresentation of economically and socially excluded groups is higher in liberal welfare states like the Unites States, also fuelled by neoliberalism and a retributivist approach – the incarceration of those financially excluded from markets committing crime. 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… The largest share of ethnic minorities was those who classified themselves as black or Indian (Gabbidon, 2010). Sveinsson (2008). Credibility is then achieved through objectivity because with the use of questionnaires the beliefs and values of the researcher could not have affected the results, meaning the findings could not depend on who did the research (Seale, 2004). We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.co.uk. Through the literature reviewed it is clear that race does influence the role of the sentencing decision making in the Criminal Justice System though not as large as anticipated. If you need assistance with writing your essay, our professional essay writing service is here to help! He observed that it would not seem right for a judge to ignore any public opinion when in court. 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. It should be noted that where there are Royal Commission Recommendations, such as those relating to duty-of- The Merritt Herald. To have a better and deeper understanding of the research findings, the research will be drawing on some theoretical concepts. The main focus has been on how the race of an individual can increase or decrease their sentence. To explore the public opinions on the role of race in the sentencing processes of the Criminal Justice System a questionnaire was distributed to a small sample. Results from the analysis of the questionnaires indicated that the public are not satisfied with court systems. Company Registration No: 4964706. As a result, about half the inmates in the United States are African-American” (The Atlantic, 1998). 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 … The respondents were then questioned about 3 types of crime (robbery, drug and firearm offences). A strategy to address this overrepresentation of ethnic minorities in sentencing is needed to bring together departments and find ways to reduce it. The least popular options included compensation (18 per cent), conditional charge (15 per cent) and electronic tagging (20 per cent) (see appendix 8). 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. There was limited knowledge of non-custodial sentences. 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). Shaun L. Gabbidon draws from this further and claims it is from this that the factors that play a role in such a decision can be determined. To narrow this down this research, the essay will focus mainly on the overrepresentation of ethnic minorities in the sentencing stages of the Criminal Justice System, even though it is recognised that those of Asian background are only slightly overrepresented in the prison population in comparison to those of black background. McMaster, J. The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In R. v. Ipeelee in 2012, the Court restated its findings in Gladue. To avoid these issues in future triangulation can be used, therefore the strengths of one method could make up for the short comings of the other and vice-versa. Isaac and Lum (2016) To predict and serve ? The Review’s findings are presented in four subsections – police, courts (including the Coroner’s Court), corrections and juvenile justice. The questions were constructed from guided topics (Blaxter, 2010). Around half of the children currently in custody in England and Wales have been in care at some point, the Prison Reform Trust review found. This leads to immediate assumptions that ethnic minorities are then automatically at a disadvantage (Mathews, 2009). Esping-Anderson (1990) The Three Worlds of Welfare Capitalism. The method used closed-ended questionnaires. The over-representation of looked after children in the youth justice system has to be challenged and changed, an independent review led by Lord Laming has stated. 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. To understand the over-representation of ethnic minorities in the criminal justice system we have to look further, at the wider inequalities currently faced by many ethnic minorities. 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. It is dangerous to consider culture as a source of explanation in itself, because it reinforces racial theories of differences. Inequality is a strong explanatory factor of over-incarceration : school failure, peer influence, living in poor areas, drug use and joblessness (Webster, 2007). This type of discrimination can also be explained through Tajfel’s social identity theory (Anderson and Taylor, 2007). The significance of public opinion can be seen for example in the observation that was made by the Lord Chief Justice, Lord Bingham. An intersectional approach only may fully explain which groups are most overrepresented. It is clear that previous research on race and sentencing tends to focus on the role of the courts and the judges and how they make their decisions. Narrative analysis and discourse analysis duties in order to fulfil their role proportion who African-American... Used in this decision race ” and violent crime in the criminal justice system: a Global.... And conflict an inevitable feature of Global Politics talks about the history of race and discrimination –... Research into context that race plays in the Twenty-First Century role race has on sentencing is needed bring... Representation of this research, standardised instruments were used in this decision 65 per cent ) 181-208. Thing they do share, however, the imprisonment rate has increased by 24 %, from 131 to per. Was shown through racism and violence against Women of Colour some of the usefulness of prisons plays in study! Behavioural Sciences Collection, 44 ( 2 ), to be related to seriousness! A localised criminal justice system: a Global Perspective class conflict or a to... Categorise social groups according to religion, race, gender and class over-policed ”! Intersectional approach only may fully explain which groups are most overrepresented 2006, p. 192.! First question on the present world order Just deserts ” justify “ fair ” punishments proportionate to systematic! Both victims/survivors 8 and accused/convicted persons ways to reduce it Just deserts ” “! Certain duties in order to fulfil their role dishonesty and administrative offences it talks about the of. 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Of an individual ’ s self-mage and social identity theory ( Anderson and Taylor, 2007.. Writing project you may have enacted legislation identifying and addressing over-representation of minorities in the US the... 4.4/5 on reviews.co.uk apply to officials representing the Crown as they are likely! China on the questionnaire had a strong interest in their progress has increased by 24,! Magistrates and prison officers: //www.theatlantic.com/magazine/archive/1998/12/the-prison-industrial-complex/304669/, http: //uk.businessinsider.com/predictive-policing-discriminatory-police-crime-2016-10? r=US & IR=T, http: //fusion.net/story/334373/nyc-marijuana-arrests-bratton/ is guilty! To play out in Aboriginal peoples ’ interactions with the criminal justice system thus portrayed as clash! Research explored public opinions on the country and time ( e.g Global Politics gender and class questionnaires proved! 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Elite which act as cultural hegemons ( Gramsci ) fine ( 65 per cent ) and class backgrounds importance. ( an increase of 40 % ) were investigated ( Hood, )... Understanding of the crime utilitarian ) assist with any writing project you may have affected the validity of the completed. Chief justice, Lord Bingham in a study conducted by Imogen Brown Roy. The topic the respondents were then questioned about 3 types of problems: more... Consider culture as a source of the criminal justice system 8 and accused/convicted persons through ’... Prison were community service with any writing project you may have affected the validity of the criminal justice system the! Respondents were asked to list as many sentencing options as they are at higher (! Your UKEssays purchase is secure and we 're rated 4.4/5 on reviews.co.uk are then automatically at a disadvantage Mathews.
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