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). 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. 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. Essay competition 2018 third place: What are the effects of the rise of China on the present world order? The actual definition of a crime also depends on the country and time (e.g. The largest share of ethnic minorities was those who classified themselves as black or Indian (Gabbidon, 2010). 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. 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 growth of ethnic minorities was not widely accepted and the resistance towards them was shown through racism and violence. 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. 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. To ensure credibility of this research, standardised instruments were used because they can be assessed in a direct way. 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. 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). Showing that race might not be central in this decision. This helps to ensure justice as well as confidence of ethnic minorities in the legal system. 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. 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). 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. Some of the volunteers completed their questionnaires on the spot and some took them away and posted their responses. In using questionnaires interviewer variability was avoided and the questionnaires also proved to be more convenient for respondents. 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. 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. 13th Apr 2017 Aboriginal over-representation in the justice system The majority of Aboriginal people will never offend nor become involved in the Victorian criminal justice system. The research question that will be investigated will then be: Does racial discrimination exist in the sentencing stages of the Criminal Justice System? They are less likely to be given unconditional bail, and more likely to be remanded in custody than white offenders. 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. This type of discrimination can also be explained through Tajfel’s social identity theory (Anderson and Taylor, 2007). There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. Germany, France), and the liberal︎ welfare regime – residual protection from market, safety net (e.g. Reference this. A strategy to address this overrepresentation of ethnic minorities in sentencing is needed to bring together departments and find ways to reduce it. 15 questionnaires where completed for the purpose of this research; the questionnaires were obtained from individuals whose participation was entirely voluntary and they were not offered any compensation. 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. 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). No plagiarism, guaranteed! Since the growth of ethnic minorities in Britain with its peak in the 1990’s the interest in their progress has increased. Australian crime: facts & figures 2013. The first question on the questionnaire asks respondents about their opinion on the type of job that some criminal justice professional do. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. Understanding Race and Crime. It is dangerous to consider culture as a source of explanation in itself, because it reinforces racial theories of differences. La Prarie, C. (2002). 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. However, inequality is the result of higher structural factors. VAT Registration No: 842417633. The consequences of colonisation are far-reaching and intergenerational, continuing to play out in Aboriginal peoples’ interactions with the criminal justice system. 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). Nordic countries), the conservative/ christian democratic︎ regime – decommodification within existing hierarchical structures: family, community, church, protective but not egalitarian (e.g. The Merritt Herald. This leads to immediate assumptions that ethnic minorities are then automatically at a disadvantage (Mathews, 2009). 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. Volunteer sampling was used, a type of non-probability sampling, through this the volunteers self-selected themselves into the questionnaire (Bryman, 2008). 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 study was set to identify the variation in sentencing for each ethnic group through multivariate analysis on the basis of 15 variables that were selected. 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. This was seen as the better choice at the time of research as these questionnaires would help to get responses from large quantities at a time with no interviewer effects (Seale, 2004). Criminal statistics usually categorise social groups according to religion, race, gender and class. For example, the respondents who stated that the sentences were too lenient also put down lower estimates of imprisonment. 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). Results from the analysis of the questionnaires indicated that the public are not satisfied with court systems. There was limited knowledge of non-custodial sentences. This helps to inform the research question as it talks about the history of race and discrimination. He found that only 5% of blacks were more likely to be given a custodial sentence than whites and that 80% of the overrepresentation of black offenders who were in prison were there due to the severity of their offences and not their race. Different welfare states lead to different levels of inequality. Over-representation of Maori in the criminal justice system : an exploratory report. More policing is not needed, but provision of good public services, infrastructures and opportunities (inclusionary dynamics). The Report found that: AP Photo/Damian Dovarganes. 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). Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UKEssays.com. 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 … This shows how unawareness about the sentencing practice can be a major source of the disappointment that the public experience about the judiciary. By culture, one usually associates it to ideas of diversity, identity and ethnicity. The govern… 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. 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). Isaac and Lum (2016) indicate that predictive drug policing leads to “increasingly disproportionate policing of historically over-policed communities”. 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. In light of this the participants were reassured about the confidentiality of their responses. As a result, about half the inmates in the United States are African-American” (The Atlantic, 1998). This, however, does not apply to officials representing the Crown as they are exercising powers to exclude or punish. Prejudice is hard to remove showing the difficulty in combating the negative opinions of the public. *You can also browse our support articles here >. 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 could be explained by the theory of instrumental function which involves individuals following the attitudes of the groups in which they prefer for rewards rather than punishment (Anderson and Taylor, 2007). People from a Black, Asian, ‘Mixed’ or ‘Chinese and other’ background were over-represented as defendants in the criminal justice system in 2019, according to Ministry of Justice (MoJ) data. The inquiry on the role race has on sentencing is enlarged in the study by Roger Hood (1992). Over-representation of Māori in the criminal justice system: An exploratory report (September 2007) 4 September 2007 Executive Summary Māori are disproportionately represented in criminal justice statistics to an alarming degree. The purpose of the methods used was to collect information on public opinions about the process of sentencing and how this is affected by race. 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. 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. Overrepresentation is different in some countries because some welfare states attempt to prevent crime, by limiting risk factors for those excluded from capitalist markets. Hartney, C. (2006) US Rates of Incarceration : A Global Perspective. 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). Sentencing will include all types of convictions, ranging from custodial/prison sentences to community service. Without tackling inequality there is no hope for changes in criminal statistics – there is a need for social justice, as well as economic distribution through progressive taxation (Piketty, 2013). The Review’s findings are presented in four subsections – police, courts (including the Coroner’s Court), corrections and juvenile justice. If you need assistance with writing your essay, our professional essay writing service is here to help! 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). Zoning Laws) takes us back to targeted policing. 07-07-2014. Our academic experts are ready and waiting to assist with any writing project you may have. 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. 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. 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. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. One thing they do share, however, is a high rate of poverty” (The Atlantic, 1998). We're here to answer any questions you have about our services. 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 … By Eponine Howarth (LSE (BSc Politics and International Relations). This ensured that those who volunteered to complete the questionnaire had a strong interest in the topic. Disabling Justice - Why the system fails people with disability and mental illness. Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Colour. 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. One also ought to look at the definition of crime catered by the elite which act as cultural hegemons (Gramsci). 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. To have a better and deeper understanding of the research findings, the research will be drawing on some theoretical concepts. Similarly the late and former Prime Minister Margaret Thatcher noted the importance of the incorporation of public opinions in the sentencing debate (Hough, 1998). 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). Increasing Aboriginal over-representation in Victoria’s criminal justice institutions has the potential, in the absence of more appropriate responses, to further perpetuate social and economic exclusion, and compound losses of … For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in … Study for free with our range of university lectures! This was because there was no interviewer available and the questions could remain anonymous and could also be completed in private if the respondents wished to do so. Piketty (2013) Capital in The Twenty-First Century. In the questionnaires conducted, race was used in terms of being a system in which categories are created for humans based on their ethnic background’ (spalek, 2008). 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. 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. Essay competition 2018 second place: Is war and conflict an inevitable feature of global politics? 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. It talks about the importance of a positive self-image to the individual, and how they feel their social identity is enhanced by categorising people into groups, in and out cast groups. BAME youth continue to be disproportionately targeted by police’s wide-ranging stop and search powers. 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. Enter your email address to subscribe to the LSEUPR blog and receive notifications of new posts by email. Registered Data Controller No: Z1821391. 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). The powers are not totally unfettered; the most commonly used powers require ‘reasonable grounds’ for suspicion, although this is somewhat of a moveable feast. Criminology The questionnaires were conducted on a voluntary basis and respondents self-selected themselves to participate. For example Birmingham Crown Court, which had the largest percentage of the whole sample, the chance of a black offender to be given a custodial sentence was one in three; while in Dudley Crown Court the chance was one in two. Copyright © 2003 - 2021 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. 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). 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. 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). Furthermore, discriminatory policing is coupled to the systematic portrayal of crime by the media. Free resources to assist you with your university studies! Although mostly small at each point, the cumulative effect is likely to be sufficient to justify closer examination and investigation of options to reduce disproportionate representation of Māori. 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. 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). The main focus has been on how the race of an individual can increase or decrease their sentence. But, there is obviously no perfect method of collecting data, as surveys rely on a reliable sample. As ethnic minorities they are more likely to be stopped and searched by police, this leads to a greater probability of arrests and in turn may influence the way their cases are dealt with as they progress through the subsequent stages of the criminal justice process. Over-representation of Maori in the criminal justice system Resources Comorbid substance use disorders and mental health disorders among New Zealand prisoners Respondents were asked to list as many sentencing options as they knew. 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. Do you have a 2:1 degree or higher? The report is a decade old. As well as advantages, the method used had limitations and this may have affected the validity of the findings. These included objectivity and reliability which are positivist and quantitative constructs (Seale, 2004). 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. Second is the instrumental function which is associated with rewards and punishments (Anderson and Taylor, 2007). But, why are certain groups of people systematically overrepresented in the criminal justice system? proposed ‘justice reinvestment’ as a possible solution to the over representation of Indigenous people in the criminal justice system. Ethnic minority will be used in relation to the different national or cultural traditions that a group has in comparison to the other population (spalek, 2008) in this case being whites, and the ethnic minorities will include blacks and Asians and those who classify themselves as other. The questionnaires were also used to collect information which can then be tracked over time to investigate any new changes (Bryman, 2008). Justice reinvestment is a localised criminal justice policy approach that first emerged in the United States. 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. This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. Indigenous people are overrepresented in the Canadian criminal justice system as both victims/survivors 8 and accused/convicted persons. It is, therefore, evident that it is difficult to draw conclusions that race is the main explanation for the higher and harsher sentence rates of ethnic minorities as there are too many variables affecting the same decision. 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. Psychology and Behavioural Sciences Collection, 44(2), 181-208. 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. Police records only capture 45% of crimes (those reported), so perhaps surveying is more reliable (because it ought to include the unreported crimes too). McMaster, J. US, UK). ... that bias operates within the criminal justice system, such that any suspected or actual offending by … 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). 2. The respondents were then questioned about 3 types of crime (robbery, drug and firearm offences). If discrimination against ethnic minorities does exist, in the sentencing stages of the Criminal Justice System, this could be due to prejudices that are difficult to remove (Anderson and Taylor, 2007). However, statistics show that ethnic minorities are overrepresented at all stages of the Criminal Justice System. The topic being researched is a complex one, the questionnaire failed to touch upon these complexities of the topic. 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). 3.20Figure 3.3 below shows that the imprisonment rate for Aboriginal and Torres Strait Islander people has increased 41% over 10 years, from 1,438 per 100,000 in 2006 to 2,039 per 100,000 persons in 2016. Section 6: Findings on Over-Representation in the Criminal Justice System 353 in Victoria. Judges are therefore immune when acting in judicial capacity; this means the act does not apply to the sentencing of offenders in the courts (Gabbidon, 2010). A prejudice is seen as an attitude that serves cognitive and emotional functions. Risk factors, however, vary according to the different criminal justice systems in different countries. The participants were approached in Coventry town centre and were asked to complete a questionnaire. 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. It should be noted that where there are Royal Commission Recommendations, such as those relating to duty-of- On the other hand, the discrimination against ethnic minorities in the sentencing stages of the Criminal Justice System could be an exaggeration or a myth and this could be explained by the simple fact that ethnic minorities commit more serious crimes that are more likely to get convicted and sentenced compared to white offenders (Spalek, 2008). Overrepresentation also suggests two types of problems : groups more likely to commit crime, and those more likely to be arrested. NYPD Report (2015). 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. About 3 types of crime by the elite which act as cultural ) ) and (... International Relations ) to immediate assumptions that ethnic minorities are then automatically at a (. 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