Sentencing Disparity Summary

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In your role as a criminal justice professional, you may need to participate in courtroom proceedings. Having a clear understanding of racial and ethnic issues that can occur in the courts will help you identify common disparities and biases that may impede justice.

Research a high-profile criminal trial in the United States with a clear sentencing disparity. Select 1 of the cases below to address in your assignment.

Brock Turner
Elijah Manuel
Duane Buck
Marcus Robinson
Leonard Allen Cure
Other, with faculty member approval
Write a 525- to 700-word summary in which you identify racial and ethnic issues related to sentencing in a high-profile criminal trial.

Audience: Develop your assignment from the perspective of a criminal justice professional who is part of a coalition comprised of criminal justice professionals, community members, and criminal justice advocates interested in advocating for change in criminal justice. You have been asked to research and explain your findings on sentencing disparities in the court system. You will use your summary as your guide when speaking at the next coalition meeting.

Include the following in your summary:

Summarize the case. What were the criminal charges against the defendant? Consider these guiding questions:
What were some key pieces of evidence presented in the trial?
What were some of the legal arguments presented by the prosecution and defense teams?
What was the verdict and what sentence did the judge give the defendant?
Identify some issues with the case related to racial or ethnic disparity/disparities. Consider these guiding questions:
If the defendant was a person of color, how were they treated unfairly in sentencing?
If the defendant was not a person of color, how might the sentence they received highlight the unfair sentencing of individuals from diverse backgrounds?
What systemic issues in criminal justice may have contributed to the disparity/disparities?
What role might the judge, prosecutor, or defense attorney have played in contributing to the disparity/disparities?
Review the sentencing strategies presented in Ch. 6, Sentencing of Race and Crime. Explain which sentencing strategy you believe is the most effective in reducing disparity for individuals of diverse backgrounds. Justify your response.

 

 

Sample Solution

Case Summary

Brock Turner, a former Stanford University swimmer, was convicted of three counts of sexual assault after being found unconscious and intoxicated behind a fraternity house. The prosecution argued that Turner had intentionally engaged in sexual acts with an unconscious woman, while the defense claimed that the encounter was consensual.

Key Evidence and Arguments

  • Victim’s Testimony: The victim testified that she was unconscious and unable to consent to the sexual acts.
  • DNA Evidence: DNA evidence confirmed that Turner’s DNA was present on the victim.
  • Witness Testimony: Witnesses corroborated the victim’s account of the events.
  • Defense Argument: Turner’s defense argued that the victim was not unconscious and that the encounter was consensual.

Verdict and Sentencing

  • Verdict: Turner was found guilty on all three counts of sexual assault.
  • Sentence: The judge sentenced Turner to six months in county jail, a sentence that drew widespread criticism for its leniency.

Racial and Ethnic Disparities

While the Turner case did not explicitly involve racial or ethnic disparities, the lenient sentence sparked a national debate about the treatment of sexual assault victims and the role of privilege in the criminal justice system. Some argued that Turner’s privileged background as a white male from a prominent family may have influenced the judge’s sentencing decision.

Systemic Issues

  • Victim-Blaming: The defense’s argument that the victim may have been intoxicated or consented to the encounter is a common form of victim-blaming that can discourage victims from coming forward.
  • Sentencing Guidelines: The sentencing guidelines in California may have contributed to the lenient sentence, as they are often influenced by factors such as the defendant’s prior criminal history and the severity of the crime.
  • Implicit Bias: Implicit bias among judges and prosecutors can lead to disparities in sentencing, even if these biases are unconscious.

Effective Sentencing Strategies

To reduce sentencing disparities for individuals of diverse backgrounds, it is essential to implement evidence-based sentencing strategies. One effective approach is the risk assessment tool, which evaluates various factors, including the offender’s criminal history, mental health, and risk of recidivism. By using objective data, risk assessment tools can help to reduce bias and ensure that sentences are proportionate to the severity of the crime.

Additionally, restorative justice programs can be effective in addressing the harm caused by crime and promoting reconciliation between victims and offenders. These programs often involve mediation, community service, and restitution, which can help to repair the harm and prevent future crime.

By implementing these strategies and addressing systemic issues within the criminal justice system, we can work towards a more equitable and just system for all.

 

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