by Serwan Zangana
Racial discrimination in sentencing has always been the most controversial subject in the U.S. Some Politicians and activists from different ideology schools have presented this matter based on their interests and point of views. But racial disparity must be reviewed based on unbiased study without any political purposes.
To answer a common question that is: Do Black offenders sentence to more prison time than White offenders in America? The answer will depend on the jurisdictions, the judges, or overall the courtroom group. However, sentencing disparities can be arbitrated in a diverse courtroom group (Newbauer, D & Fradella, H. p459) to ensure fairness to some degree in sentencing the individual.
In some jurisdictions and localities the sentencing disparities and discriminations lay under the judges’ rules. There are other factors that are not necessarily racial discrimination in offenders sentencing but can be seen as sentencing disparities. The criminal history, the type of the crime, and the severity of the victim’s injury can impact the sentencing. However, it is undeniable that racial disparities exist in the U.S
The sentencing disparities could be attributed to the population of a certain race in the jurisdiction. For example, one study shows that some counties with a large population of Black and Hispanic have higher incarcerations (King, Johnson & McGeever. p17). That means jurisdictions with majority Black and Hispanic will experience more incarcerations, but the question is: Do they receive a fair trial? Another study indicates that the sentences are longer in large populated Black areas. (King, Johnson & McGreever)
Racial differences in crimes contribute to sentencing disparities but the most importantly is to understand that the roles of judges, the biased prosecutors, and law enforcement officers are the main factors in sentencing disparities (Beck, Allen & Blumstein, Alfred). However, despite the Black sentencing is still high, the Black-to-White incarceration rate has dropped from 6.8 in 1999, to 4.7 in 2011 (Beck, Allen & Blumstein, Alfred) and it is continuously decreasing. But as an intricate issue, racial disparities in sentencing remain hanging in America.
Furthermore, the racial disparity in sentencing can be observed on a federal level, as well. Blacks receive more prison time and serve longer sentences compared to Whites. (Rehavi, Marit & Starr, Sonja. Racial Disparity in Federal Criminal Sentences) Between 2008-2009 Blacks offenders received 90 months sentences on the average while Whites received 50 months (Rehavi, Marit & Starr, Sonja). Apparently, laws and guidelines of mandatory minimum sentences are tools that the prosecutors use and apply disproportionately, which results in sentencing disparities.
A prosecutor can bring more than one charge to a person who committed one crime. It is the prosecutor’s decision to add more charges. For example, when a person is carjacking without the knowledge that there is a child in the back seat of the vehicle. This person could be charged for one crime or two crimes, it depends on the prosecutor. As each charge has a mandatory minimum sentence, the prosecutor can cause the disparity by charging a Black offender with carjacking and abduction and charging a White offender with only carjacking since his intention was not to abduct the child.
Another study by (Burch, Traci) revealed the burdens of Black offenders who are darker skin color are heavier than Whites and those with lighter skin color. Based on data collected by the Georgia Department of Correction, Black offenders received 4.5% higher sentences than White offenders. This is not the only disparity between Blacks and White offenders, there is also disparity between dark and lighter skin color of Black offenders. The medium and dark skin color receives sentences higher about 4.8% than the offenders with White or light skin color (Burch, Traci).
Again, the disparities in sentencing are obvious as 36% of inmates’ population in prisons is Blacks (Burch, Traci). There are different factors for skin color and complexion disparities in incarceration; it could be individual discrimination against dark skin, demographic reasons, such as people from different areas or suburbs who become targets. As Blacks are more often being arrested on petty crimes, it has created a negative perception in the public. The past racial conflicts in the U.S still reflect on American society, and some politicians are not in favor of healing the wounds. Also, racial profiling is another factor of arresting Blacks as (Burch, Traci) indicates that almost half of all Black men can expect to be arrested in their lives.
Apparently, Blacks more than Whites are victimized, and the possibility for a Black man to be murdered is about 7 times higher compared to a White man. Despite Blacks are a little over 13% of nation’s population, according to (Bank, Eberhardt & Rose) Blacks commit almost half of robberies and murders, and one-third of rapes and assaults. But the important questions are: Do Black men and White men’s crimes are reported equally? Or do Black men and White men receive equal treatment and investigation?
If Black men are more arrested for crimes than White men, the Black men will be seen as more involved in crimes. According to (Bank, and Eberhardt & Roast), Whites who looked at Blacks in a stereotypical way gave harsher sentences than those who viewed Blacks less in a stereotypical way. Therefore, stereotyping can contribute to discriminatory decisions in the criminal justice system and creates a disparity in sentencing.
Clearly, the disproportionality and disparity in the criminal justice system can be seen in the prison population. While the population of Blacks is 13.2, their prison population is 36.46 (Erickson, Jessica). It is obvious that the politicians and media overestimated the crimes of Blacks (Erickson, Jessica). Also, by living in suburban areas and more likely to be watched by law enforcement officers, Blacks are susceptible to higher disparity in stopping and arresting, while Whites mostly live in rural areas. At the same time, charges for Blacks convicted with drugs are subject to harsher punishments compared to Whites. (Erikson, Jessica)
After all, with no doubt that discrimination and disparity can clearly be observed in sentencing in the U.S, but it is not necessarily due to systemic racism per se as it is to those who run the system.
Apparently, it begins with the law enforcement officers and the way they implement the law that result in the arrest disproportionality, criminal history of the offender, the offender’s behavior, the actions of the officials and those who file the charges and make the final decisions, such as the judges and the prosecutors and the lack of ethics and morality that causes the discrimination against Blacks and other minorities.
