Disparity And Discrimination

Disparity and discrimination are similar in that when referring to these terms they both mean inequality or lack of similarity. However, there is a difference in these meanings in the context of the criminal justice system. When evaluating these terms as they relate to the criminal justice system, disparity and discrimination of racial and ethnic groups has been recognized by many for some time. In some situations disparity can be a result of discrimination in the justice system. Disparity refers to inequity of all aspects of the criminal justice system, from arrests to sentencing for certain groups of people; it nearly always refers to racial and ethnic disparity. Racial disparity in the criminal justice system is present when the proportion of a racial or ethnic group within the control of the system is greater than the proportion of such groups in the general population (The Sentencing Project, 2008). Racial disparity has been definitively established, though it may not always be related to intentional discrimination. Discrimination, on the other hand, is a distinction based on the personal characteristics of an individual resulting in some disadvantage to that individual (Law Encyclopedia, 2011).

To better understand the differences between disparity and discrimination, researchers have created a discrimination/disparity continuum regarding processing in the criminal justice system. There are five elements on the spectrum, ranging from the highest levels of discrimination to no discrimination at all. These elements range from systematic discrimination, institutionalized discrimination, contextual discrimination, individual acts of discrimination, and pure justice (Law Encyclopedia, 2011). "At one end of the spectrum, pure justice, there is no racism in the system, and longer sentences and higher rates of incarceration for members of minority groups result purely from higher rates of criminal involvement" (Law Encyclopedia, 2011, para. 10). At the other end, systematic discrimination suggests that decisions are made according to racist assumptions and those members of minority groups are always discriminated against at every stage of the process. The in-between points on the spectrum represent varying levels of discrimination, and this would result in institutional terms that work to the disadvantage of minorities (Law Encyclopedia, 2011).

When considering discrimination in the court system, there is a distinctive composition of racial and economic structure in the United States that systematically put people of color at a disadvantage, and some of these disadvantages carry over to the criminal justice system. For instance, minority defendants are more likely to be poor and therefore less likely to be represented by private attorneys or be released before trial (Law Encyclopedia, 2011). There is extensive research indicating that members of minority groups do not, statistically, meet with the same results as white people in the judicial system (Toth, Crews, & Burton, 2008). Although, these may not be cases of intentional discrimination, studies have shown that there is sufficient evidence that, controlling for other relevant factors, African Americans and Latinos are more likely to be incarcerated than whites and, and in some jurisdictions, receive longer sentences (The Sentencing Project, 2008).

Racial disparities in the court system can occur when the dissimilar treatment of similarly situated people based on race takes place. Professionals in criminal justice differentiate between legal and extralegal factors to explain racial disparities in criminal justice (Cliffnotes, 2011). Legal factors provide valid explanations of an offender's criminal activities, the seriousness of an offense, and any prior criminal record. These are legitimate reasons for disparities because they are relevant to an individual's criminal behavior. Extralegal factors include race, class, and gender. These are not legitimate causes to base decisions, because these factors only relate to group membership rather than criminal behavior (Cliffnotes, 2011). However, it should be clear that deciding sentences based solely on legal