Sentencing disparity

Sentencing disparity is defined as "a form of unequal treatment (in sentencing) that is of often unexplained cause and is at least incongrous, unfair and disadvantaging in consequence. [ [http://books.nap.edu/openbook.php?record_id=101&page=9 Alfred Blumstein, et al "Research on Sentencing: The Search for Reform", Volume II (1983)] ] It is important to distinguish disparity from differences that arise due to legitimate use of discretion in the application of the law and those difference that arise due to discrimination or other, unexplained, causes unrelated to the issues found in the specific criminal case.

This is a major problem because two judges could be faced with the similar case and judge number one could give an extremely unfair and unnecessary verdict, where as judge number two would give a much lesser sentence. An example of this is a study done 2006, by Crow and Bales. The Florida Department of Corrections gave statistics of those prisoners whom received probation or community control from the years of 1990-1999. There where two different categories Blacks and Hispanics and Whites/Non-Hispanics. The results show that the Blacks and Hispanics received more intense and harsher penalties than the White/Non-Hispanic group. Their can be many determinates to why a judge might give different sentences, but as you can see a big part of it is the race or ethnicity of the criminal.

References

* Crow, M.S., Bales, W.,(2006) Sentencing Guidelines and Focal concerns: The effect of sentencing policy as a practical Constraing on Sentencing Decisions. "American Journal of Criminal Justice",30(2)2006