236 federal offenders who were sentenced under the Sentencing reform Act of 1984 and states conclusions that "blacks, males and offenders with low education and low income receive substantially longer sentences." (Mustard, 2001) Secondly the study states in its findings that "disparities are primarily generated by departures from the guidelines, rather than differential sentencing within the guidelines
In a recent study, it was found that simplifying instructions to the jury resulted in better comprehension of the sentencing instructions when the body of jurors was of mixed race (Shaked-Schrorer, Constanzo, & Marcus-Newhall, 2008). In a study that examined the effect of playing the "race card" it was found that when claims of racial prejudice were used as a defense, those claims resulted in a reduced perception of guilt (Hart & Lopez, 2007)
The demographics of the constituency in which a judge practices has an impact on the way in which judges apply sentences. This effect was found to be especially emphasized when the judge was elected as opposed to appointed (Hernandez-Julian & Tomic, 2006)
Racial Bias and Defendant Treatment There are a number of studies that support the existence of racial bias in the criminal justice system. For instance, a meta-analysis found that a small, but still significant amount of racial bias is present in decision making across a majority of the studies examined (Mitchell, Haw, and Pfeifer et al
A number of studies focus on the measures that states are taking to help make certain that the benches are represented by a racially diverse set of qualified representatives. Diversity is now taken into consideration for appointed judges, but it does not override other qualifications (Torres-Spelliscy, Chase & Greenman, 2008)
Findings regarding racial bias in the court system are conflicting. A number of the studies that provided contradictory evidence were found to be based on old data, used capital offenses, and lack improper controls and procedures (Unnever, Frazier, & Henretta, 2005)
It also produced a tarnished reputation for the criminal justice system and is truly cruel to all that involved (Michael Dowling, 2007). It is believed that 95% of all inmates will eventually return to society, so adopting polices that reflect the thinking of reform and rehabilitation is good way to promote public safety (Blakely, 2008)
Sentencing that ignores crime reduction produces leads to avoidable victimizations, squandered correctional resources, and tremendous fiscal waste. It also produced a tarnished reputation for the criminal justice system and is truly cruel to all that involved (Michael Dowling, 2007)
However, for many crimes, particularly serious crimes like murder, emotions play a huge role in the underlying actions, and it seems like a stretch to assume that offenders engage in extensive risk analysis before acting. Furthermore, specific deterrence is aimed at keeping an offender from becoming a recidivist, but offenders who are exposed to those who are more criminal may actually become more likely, not only to reoffend, but to escalate their levels of criminality (Chen and Shapiro, 2007)
Specific deterrence is aimed at keeping that particular offender from reoffending, and might take into account that offender's criminal history. This type of deterrence can be measured across a population by examining recidivism and desistance rates (Farrington, 2007)
First, the laws worsen the problem of single parent's households in the black community. As the black males are subject to harsh punishment for drug crimes, they leave behind girlfriends or wives and/or children (Blakemore, 2010)
The difference in the sentencing originate from the fact that federal judges had uncontrolled discretion to enforce whatever charges they regarded appropriate in their personal opinion up to the statutory maximum. Judges from all ideologies have stated that the mandatory sentences have excessively limited the judges' discretion and result in unjust sentences (Greenblatt, 2008, p
The concept of proportionality between the offense and punishment demonstrates a common principle of justice and a restriction of government power. The policies eliminate judicial discretion to enforce a prison term that is lower than the statutory floor (Luna, 2010)
Actually, some legal scholars have considered the effects of Mandatory Minimum Sentences Policy as a clear example of the unintended consequences of the law. History of the Law: Mandatory minimum sentences are not a contemporary development since they have a history that stretches back to 1790 when they existed for privacy and murder (Mascharka, 2001, p
The first level requires a minimum sentence of imprisonment for 5 years and 10 years with a previous offense of drug conviction. On the contrary, the second level needs a minimum of 10 years imprisonment, which increases to 20 years with one previous felony drug conviction and mandatory life sentence with two such previous convictions (Risley, 2000)
Consequently, the statutes seem to have more negative impacts on the criminal justice system rather than positive effects. The negative effects of the laws on the criminal justice system is from the fact that America currently has the same number of incarcerated people for drug offenses as the number of imprisoned individuals for all offenses two decades ago (Schlosser, 1994)
Actually, there is considerable proof that the laws have contributed to lengthy imprisonment of many low-level offenders annually. These criminals have been subject to lengthy incarceration could be properly sentenced to short terms, which could result in huge annual savings (Vincent & Hofer, 1994)
Generally, there are huge disparities on the sentencing of convicted children in terms of sentencing, arrests, racial disparity, prosecutions, and incarcerations. In relation to these discrepancies, one of the concerns that have been raised by people is justice by geography with which children convicted of similar crimes are treated very differently (Axtman, 2001)
Today, there is a more diversity of leadership in the court system, but race still plays a criminal role in many criminal justice outcomes." (Kansal, 2005; p
About two-thirds of the black-white disparity for drug trafficking is accounted for by departures from the guidelines." (Mustard, 2001; p