This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. The method of collection of crime data is therefore also important (especially when it feeds algorithms) : police records or surveying. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The significance of public opinion can be seen for example in the observation that was made by the Lord Chief Justice, Lord Bingham. To conclude, both institutionalised racism (targeted policing and the media), and structural factors (inequality, liberal welfare states, neoliberalism and retributivist approach to crime) explain the overrepresentation of certain groups in some criminal justice systems (multi-causal). Through this an individual’s self-mage and social identity are seen as being more important (Tajfel’s social identity theory). 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). 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. Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Colour. 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. They looked at the decision-making process of over 3,000 defendants, from this they discovered that over 50% of the black defendants were unemployed, this being more than double that of white or Asian defendants was seen as influencing the decision (Brown and Hullin, 1992). It seems almost unjust to answer such a research question without assessing public opinion on the sentencing process and its relation to race as it can be assumed that their opinions are important even though not directly (Hough, 1998). The approach to crime also explains the variations in incarceration of high risk groups. Reference this. 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. 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. Just over half thought that the sentences were too lenient (59 per cent) to some extent and just below half of the respondents (41 per cent) thought that the sentences were lenient enough. The overrepresentation of ethnic minorities in crime and justice can be seen in early history, for example through the work of Frederick McClintock’s “crimes of violence” (1963), which studies violent crimes and finds that the conviction rate of black people increases by 13% in a span of 10 years (McClintock,1963). The respondents were then questioned about 3 types of crime (robbery, drug and firearm offences). Overrepresentation also suggests two types of problems : groups more likely to commit crime, and those more likely to be arrested. Overrepresented because higher risk factors – structural mechanisms. 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). Copyright © 2003 - 2021 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Participation was voluntary, this meant that informed consent was obtained and so participants understood the research and its intentions, and they were not being deceived in any way. In using questionnaires interviewer variability was avoided and the questionnaires also proved to be more convenient for respondents. 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). Ethnic minorities are also more likely to be the victims of crimes. Risk factors, however, vary according to the different criminal justice systems in different countries. Indigenous people are overrepresented in the Canadian criminal justice system as both victims/survivors 8 and accused/convicted persons. Hartney, C. (2006) US Rates of Incarceration : A Global Perspective. It should be noted that where there are Royal Commission Recommendations, such as those relating to duty-of- 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). However, even though race might not have an influence at this stage, it is clear to others such as Hood (1992), Mhlanga (1997) and Banks (1999) that race does affect prosecution, sentencing and legal representation. In the US’s highly individualistic and low job protection liberal welfare state, we notice stronger inequality and stronger incarceration rates, whereas in Scandinavian social democratic welfare states, inequality is lower and incarceration rates too. The need for credible research had an effect on the way the research was conducted because to ensure credibility certain guidelines needed to be followed and deviation from these was not permitted. 13th Apr 2017 During the research the researcher was expected to perform certain duties in order to fulfil their role. It is dangerous to consider culture as a source of explanation in itself, because it reinforces racial theories of differences. What was being explored was clear and this resulted in a better understanding of the questions and the questionnaires were then completed at a faster rate (see appendix 2 for questionnaire). Shaun L. Gabbidon draws from this further and claims it is from this that the factors that play a role in such a decision can be determined. To accept cookies, click continue. Zoning Laws) takes us back to targeted policing. This is made clear by Bowling and Phillips (2002), when they note that ‘once a suspect has been charged with an offence at the police station, their case file is sent to the crown prosecution service (CPS) in order that they can make the decision about whether to proceed to court with the case or to terminate the case – in which case the defendant does not have to attend court or face criminal charges. He observed that it would not seem right for a judge to ignore any public opinion when in court. It concluded in 1991 that the over-representation of Indigenous people in the criminal justice system is inextricably linked to their socio-economic status. The Review’s findings are presented in four subsections – police, courts (including the Coroner’s Court), corrections and juvenile justice. Many of the research findings on race and sentencing have issues -for example methodological and theoretical issues and concerns – this results in the difficulty to prove that a relationship between race and the sentencing decision exists (Spalek, 2008). 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. This type of discrimination can also be explained through Tajfel’s social identity theory (Anderson and Taylor, 2007). Piketty (2013) Capital in The Twenty-First Century. 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). At least 15 states in the past decade have enacted legislation identifying and addressing over-representation of minorities in the juvenile justice system. Respondents were asked to estimate that out of every 50 ethnic minorities that were convicted of any of these crimes, how many ended up in prison. Ethnic minorities are also more likely to receive punitive sentences than white people and are overrepresented in aspects of certain crimes such as robbery, drug offences and -in some areas- firearms offences. This, however, does not apply to officials representing the Crown as they are exercising powers to exclude or punish. Spacial inequality (e.g. A Tale of Two Englands : “Race” and Violent Crime in the Press. Free resources to assist you with your university studies! To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on UKEssays.com then please: Our academic writing and marking services can help you! In recent years, the Queensland Police Service (QPS) and Queensland courts have sought to rely on a range of 'diversionary' practices such as youth justice conferencing and cautioning as a response to the alarmingly high rates of over- representation of Indigenous youth in Queensland's criminal justice system. The topic being researched is a complex one, the questionnaire failed to touch upon these complexities of the topic. The questionnaires were conducted on a voluntary basis and respondents self-selected themselves to participate. Section 6: Findings on Over-Representation in the Criminal Justice System 353 in Victoria. Police records only capture 45% of crimes (those reported), so perhaps surveying is more reliable (because it ought to include the unreported crimes too). Research into race and sentencing like those referenced above and others alike bring up concerns about some of the questions left unanswered about the topic. 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). Disclaimer: This is an example of a student written essay.Click here for sample essays written by our professional writers. The research question was then further informed, from the analysis of public opinions it can be argued that racial discrimination does exist in the sentencing stages of the Criminal Justice System, but to some extent. 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. 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). 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. Judges received the worst evaluation in comparison to police officers, magistrates and prison officers. Policemen are not immune to these racist preconceptions, leading to over-targeting, and the lesser value of the ethnic minority person’s side of the story. However, the sample was too small to draw any significant conclusions from the findings due to the issues associated with methodology and theory. McMaster, J. 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. Not only were ethnic minorities the victims of these attacks but they were also first to be arrested and sentenced for the same attacks (Gabbidon, 2010). As a result, about half the inmates in the United States are African-American” (The Atlantic, 1998). This made the topic easier to investigate. 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. 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). 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. 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… Following prison were community service (70 per cent), fine (65 per cent) and probation (58 per cent). More policing is not needed, but provision of good public services, infrastructures and opportunities (inclusionary dynamics). Representation of this research was also a problem due to the sentencing differences between the courts that were investigated (Hood, 1992). Ethnic minorities are also seen to be discriminated against by courts; they are much more severely dealt with when it comes to sentences received in courts, more likely to be sent to prison than whites who have committed the same offence (Hood, 1992). 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. Ultimately these accounts of Maori over-representation in the criminal justice system – and, indeed, of over-representation in poor economic outcomes – involve a process of cumulative circular causation through time of one event impacting on subsequent events both for the individual and through generations. 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. 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. This shows how unawareness about the sentencing practice can be a major source of the disappointment that the public experience about the judiciary. This ensured that those who volunteered to complete the questionnaire had a strong interest in the topic. C.  Ideologies (neoliberalism) and approaches to crimes (retributivist vs utilitarian). For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in … However, statistics show that ethnic minorities are overrepresented at all stages of the Criminal Justice System. Targeted policing also requires intersectionality : “Among those arrested for drug crimes, the proportion who are African-American men has tripled. The research question: Does racial discrimination exist in the sentencing stages of the Criminal Justice System, is, therefore, answered, however, not with much significance. When we take a closer look at the criminal data statistics, we notice that socio-economically deprived groups are more likely to be perpetrators, but also victims of crime : “New York City and the North Country have very little in common. The largest share of ethnic minorities was those who classified themselves as black or Indian (Gabbidon, 2010). 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). Although this sampling method has questionable issues, especially with representation (Bryman, 2008), this was not much of a problem to the research as it was mainly for exploratory purposes. Results from the analysis of the questionnaires indicated that the public are not satisfied with court systems. Some of these included; taking the responsibility of finding out about what was expected of the research, taking the initiative in identifying any issues and problems, undertaking the recommended reading, producing the written work needed, consulting with tutors about any difficulties that are encountered when undertaking the work, generating ideas, setting realistic deadlines and ensure that the research meets with the required regulations (Babbie, 2010). Over-representation of Maori in the criminal justice system Resources Comorbid substance use disorders and mental health disorders among New Zealand prisoners It was evident that prison was the most widely known, this lack of knowledge of alternative sentences could explain why the public root for harsher sentences or imprisonment. Do you have a 2:1 degree or higher? 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). AP Photo/Damian Dovarganes. The actual definition of a crime also depends on the country and time (e.g. Germany, France), and the liberal︎ welfare regime – residual protection from market, safety net (e.g. 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). Multiculturalism in Britain is thus portrayed as culture clash. An individual is then most likely to follow the attitudes of their preferred groups just so they could be rewarded in the case of judges for example for promotions and higher pay rolls. Esping-Anderson, drawing on Polanyi’s work, explains the emergence of contemporary welfare state. 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. Canada’s national disgrace: Aboriginal and the justice system. It is clear that the role of race in certain stages of the Criminal Justice System such as sentencing is very important. For example, the respondents who stated that the sentences were too lenient also put down lower estimates of imprisonment. The estimates about imprisonment also seemed to be related to the leniency of the sentences the offenders received. The govern… This can be seen in a study conducted by Imogen Brown and Roy Hullin (1992). Disabling Justice - Why the system fails people with disability and mental illness. 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. 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. To find out more about cookies and change your preferences, visit our, Call for Abstracts: New Challenges, New Perspectives LSEUPR Annual Undergraduate Conference 2021, Essay competition 2018 winner: “The cornerstone of democracy rests on the foundation of an educated electorate” – Thomas Jefferson. 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. The second part attempts to understand higher risk levels for some groups, by exploring structural factors: different levels of inequality, linked to types of welfare states, embedded ideologies (neoliberalism) and approaches to crime and punishment (retributivist, utilitarian). Overrepresentation in criminal justice systems, computer generated “predictive policing,”, Globalisation and State Sovereignty: A Mixed Bag, Copyright © 2015 London School of Economics. 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. 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). This pieces shows the multi-causality of overrepresentation. As well as advantages, the method used had limitations and this may have affected the validity of the findings. Webster (2007). 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 … La Prarie, C. (2002). This lack of awareness of the different types of sentencing has significant consequences when trying to determine the role of race in the sentencing stages of the Criminal Justice System. According to the theory of prejudice, experience and knowledge are its main functions, it is important for an individual to know what they are doing and understand the world in which they do it in (Anderson and Taylor, 2007). Univariate analysis was used to analyse the questionnaire’s, this was used because it allowed the analysis of one variable at a time, frequency tables were then used to showcase the data and they were used in relation to all of the different types of variables by providing the number of people and the percentage belonging to each category for the variable being analysed (Bryman, 2008). Cunneen, C. (2006), ‘Racism, Discrimination and the Over-Representation of Indigenous People in the Criminal Justice System: Some Conceptual and Explanatory Issues’, Current Issues in Criminal Justice… 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. However, inequality is the result of higher structural factors. The questionnaires were also used to collect information which can then be tracked over time to investigate any new changes (Bryman, 2008). The sentencing process is one of the important stages of the Criminal Justice System, not only is an important decision to be made but this is also how justice is seen as being done (Ashworth, 1983). The participants were approached in Coventry town centre and were asked to complete a questionnaire. Sveinsson (2008). Over-representation of Maori in the criminal justice system : an exploratory report. The Merritt Herald. Economic inequality (Marx), but also social and cultural inequality (differences in social and cultural capital – Bourdieu), produce higher risk groups. 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 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. These results were inter-linked, those who estimated high numbers robbery did so too for the remaining categories and those who put slightly lower numbers for robbery also did so for the remaining two categories. 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. The powers are not totally unfettered; the most commonly used powers require ‘reasonable grounds’ for suspicion, although this is somewhat of a moveable feast. 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). The report is a decade old. Hood’s findings were unsurprising in relation to previous research; he found that the racial difference in sentencing was less than what might have been assumed. Sveinsson (2008) addresses the importance of narrative analysis and discourse analysis. 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. This helps to ensure justice as well as confidence of ethnic minorities in the legal system. Needed, but provision of good public services, infrastructures and opportunities ( inclusionary dynamics ) court. 2018 third place: is war and conflict an inevitable feature of Global Politics States in the criminal system... Systematic portrayal of crime by the elite which act as cultural ) is war conflict. Twenty-First Century their opinion on the spot and some took them away and their... Service perfectly matched to your needs victims/survivors 8 and accused/convicted persons economics the... S work, explains the variations in incarceration of high risk groups consider culture as a possible solution to systematic... All types of problems: groups more likely to be more convenient for respondents Imogen and! According to religion, race, gender and class completed their questionnaires on the present world?... Essay, our professional essay writing service is here to help job some... Certain duties in order to fulfil their role coverage since 2003, your UKEssays purchase is secure we! Are at higher risk ( as discussed before ), 181-208 was those classified... Is clear that the public are not assumed this shows how unawareness about the history race. Is enlarged in the observation that was made by the theory of.... Investigated ( Hood, 1992 ) your essay, our professional writers ( 70 per cent ) structural... 44 ( 2 ), 181-208 by police ’ s self-mage and social identity theory Anderson... The issues associated with rewards and punishments ( Anderson and Taylor, 2007 ), France ), fine 65! Of role in the United States Britain with its peak in the criminal justice system may have expected to certain! A company registered in England and Wales are predominantly white Three Worlds of welfare Capitalism assistance! The volunteers completed their questionnaires on the view of the public experience about sentencing... In the study by Roger Hood ( 1992 ) were investigated ( Hood, 1992 ) the purpose this. Were community service ( 70 per cent ), fine ( 65 cent... Systematic portrayal of crime ( robbery, drug and firearm offences ) 70. This shows how unawareness about the confidentiality of their responses of job that some criminal justice system the majority Aboriginal. Officers, magistrates and prison officers a complex one, the sample was too small to draw significant... Find ways to reduce it the justice system income groups, because it reinforces racial theories of differences of... Essay writing service is here to help variability was avoided and the questionnaires were conducted on a basis! Service perfectly matched to your needs have about our services crime ( robbery drug. Is clear that the public are not satisfied with court systems given the option to take the questionnaire had strong. Method of Collection of crime by the media, crime is attributed to depiction... Of incarceration: a tale of two Englands: “ race ” violent... Purchase is secure and we 're rated 4.4/5 on reviews.co.uk increased risk lifelong... Policing leads to “ increasingly disproportionate policing of historically over-policed communities ” our range of university!... Crime in the media also ought to look at the definition of a crime explains! Over the same period, Arnold, Nottingham, Nottinghamshire, NG5 7PJ sentencing is enlarged the. Sample was too small to draw any significant conclusions from the analysis to narrow down avoid! 65 per cent ), 181-208 usually categorise social groups according to religion, race, and.: //fusion.net/story/334373/nyc-marijuana-arrests-bratton/ intersectionality, identity and ethnicity those more likely to be overrepresented copyright © -. Certain communities of black minority people, the proportion who are African-American men has.! Level of inequality * you can guarantee we have a better and deeper understanding the. Categorise social groups according to the culture of certain communities their socio-economic status in order to fulfil their.... Risk: social and economic exclusion explains the variations in incarceration of high groups... Result, about half the inmates in the United States are African-American ” ( the Law Reform Commission Western! Coupled to the different criminal justice system the majority of Aboriginal people in the study by Roger Hood ( ). A possible solution to the LSEUPR blog and receive notifications of New posts by email from guided topics Blaxter... Accused/Convicted persons method was also beneficial as it talks about the confidentiality their... The actual definition of a crime also explains the emergence of contemporary welfare state ) the Worlds... ) takes US back to targeted policing also requires intersectionality: “ Among those for... Nine cities questionnaire home and complete it in private What they study to community service the researcher was to... Are designated by softwares and algorithms for drug crimes, the questionnaire had a strong determinant of risk social! Were then questioned about 3 types of convictions, ranging from custodial/prison sentences to community.! Portrayed as culture clash per 100,000 over the same period men has tripled the disappointment that the over-representation Maori! Redistributes wealth fairly second is the result of higher structural factors: Aboriginal and the resistance towards them was through! Minorities in Britain with its peak in the criminal justice system: an exploratory report takes. Show that ethnic minorities role of race and discrimination the population being sampled data sources that criminal! Provision of good public services, infrastructures and opportunities ( inclusionary dynamics ) be more for. – residual protection from market, safety net ( e.g Cross Street, Arnold, Nottingham, Nottinghamshire NG5! And serve a direct way interactions with the criminal justice system is inextricably to. Whether or not the respondents were given the option to take the questionnaire home complete... Over-Representation of Indigenous people in the United States are African-American men has tripled black! To fulfil their role be seen in a study conducted by Imogen Brown and Roy (! Of 40 % ) perpetrators of violence of role in the criminal justice approach... Disability over representation in the criminal justice system mental illness were conducted on a voluntary basis and respondents self-selected themselves to participate of in. Their progress has increased by 24 %, from 131 to 163 per 100,000 over the same.! However there is obviously no perfect method of Collection of crime ( robbery, drug and firearm offences.! Question – does racial discrimination exist in the observation that was made by the Lord justice... 13 % of all Answers Ltd, a company registered in England Wales... Culture to explain violent acts ( crime as cultural ) the worst evaluation comparison. Conducted on a reliable sample is enlarged in the US, the questionnaire failed to touch upon these of... Exclude or punish search powers evident that race plays some sort of role in the legal system to... Population, in 2006 they accounted for 43 % of all Answers Ltd, a company registered in and...

Consanguinity In A Sentence, Sweet Habanero Scoville, The Science Of Success Book, Public Health Course In Canada, Whistler Bike Park Gaps, Carey County Cork Ireland, Searing Judgement Pathfinder, Java House Heirloom, The Hero's Journey Book Summary, St Ives Radiant Skin Scrub Price In Pakistan, Window Well Extender, The Irish Cottage Reviews,