Disparity and Discrimination 1

Disparity and Discrimination

Alice Johnson

CJA-423 Dr. Jacquelyn Bradway

October 7, 2008
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Disparity and Discrimination

There are many different situations that occur within the criminal justice system. However, the

ones that are being used involve court procedures and law enforcement. The situations that will be

discussed are disparity and discrimination existing in the criminal justice system. In certain situations

disparity can be a result of discrimination depending on the situation.There will be definitions, examples,

comparison, and contrast of disparity and discrimination.

The disparity consists of two factors, which are called legal and extralegal and they may not

necessarily mean discrimination. The legal factor provides legitimate base explanation for the decisions

on the individual’s criminal behavior and criminal record. For example, in the court when deciding on the

sentence or the amount of time that the individual will have to serve based on breaking law by murder,

burglary, rape, etc. Another example, law enforcement arrest a person for burglary because of the person

past criminal history, and the fact that they were not too far away from the scene of the crime.

In addition, the extralegal factor includes lifestyle, gender, nationality, and class status, which are

not legitimate reasons to base decisions on. For example in the court, deciding whether to sentence the

individual or the amount of time that individual will have to be serve will not be based on their

nationality, but on statics of that population and community, and appearance of the individual. According

to Toensing (2008), “The CERD report found “stark racial disparities” in the criminal justice system and

“wide racial disparities in the areas of human rights violations, environmental racism, healthcare, housing

and education”. In spite of the meanings of the factors the injustice still is visible and is used as legitimate

reasons for the individuals’ incarceration or innocence. Not only is the individual being affect inside the

criminal justice system, but outside as well.

As a result, discrimination is the differential treatment or judgment against a group such as class

status, nationality, religion, etc. Discrimination consists of four types such as institutionalized,
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systematic, contextual, and individual acts of discrimination. First, the institutionalized information is

based on the criminal record or behavior. Second, the systematic is discrimination in the criminal justice

system. Third, the contextual information is based on particular crimes. Lastly, individual acts of

discrimination is based the acts of the individual. Discrimination is reveal to the individual in many

different aspects and treatment received based on group affiliation such as nationality, class status, and

much more. For example, in law enforcement they see a woman down a street known where prostitutes

are. What the police officer does not know is the woman is coming from a bar, and she is walking home.

The police officer pulls over, stops her, and arrests her because of outfit. He arrests her on the grounds

that she is a prostitute because of her appearance. An example of discrimination, when a Middle Eastern

woman is accuse of making terrorist threats. Instead of the judge looking at the lack or quality of

evidence, the judge looks at nationality and past history. The judge decides that she is guilty because of

the assumptions about Middle Eastern people. According to Toensing (2008), ““Now it is not just us, but

the international community that has recognized that indigenous peoples within the U.S. are subject to

racism on many levels and has called for effective steps by the U. S. to remedy this situation. We will be

watching closely to see if the U. S. finally decides to become a country which operates under the rule of

law.”” The assumption about Middle Eastern people are based on 9/11 and other incidents the judge

believes that this woman is guilty. This makes some people outside looking in thinking that we have no

unity amongst different nationalities in the United States.

In comparison, disparity and discrimination are similar because they are both focused on the

sentencing of the individual for a crime in court or arrest. Both of them will assist in making a decision on

whether the individual is guilty or assumption that the individual is guilty. In contrast, the person is

sentence on a different scale, which is usually harsher. Discrimination can branch out into many different

areas compare to disparity, which a little limited in that area. Discrimination can be a possible an end

result of the matter, but they are not the same.

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In conclusion, disparity and discrimination are situations that occur in the criminal justice system.

According to Mathis (2007), “Real reform is needed. Without an acknowledgement and analysis of the

racial disparities in arrest, sentencing and incarceration, the criminal justice system will be, in effect,

creating its next generation of prisoners.” Racial disparity is just an example of an actual disparity, which

was mentioned in this paper. However, there needs to be improvement in the criminal justice system, so

this can become less or no longer an issue.

References
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Mathis, Greg. (2007, Aug2- Aug 8). Justice system is criminal and it’s time for a change. Tri – State

Defender. Memphis, Tenn. Retrieved Oct. 4, 2008 from database

Toensing, Gale Courey. (2008, Mar 26). US government blasted for extensive racial discrimination.

Indian Country Today. Oneida, N. Y. Retrieved Oct. 4, 2008 from database