The growth of ethnic minorities was not widely accepted and the resistance towards them was shown through racism and violence. Spacial inequality (e.g. Nordic countries), the conservative/ christian democratic︎ regime – decommodification within existing hierarchical structures: family, community, church, protective but not egalitarian (e.g. They are less likely to be given unconditional bail, and more likely to be remanded in custody than white offenders. 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. It shows that there are far too many variables to accurately study this process and come out with valid and representative results, either way some important variables are left out or irrelevant ones included. 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. 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. Ultimately, overrepresentation of economically and socially excluded groups is higher in liberal welfare states like the Unites States, also fuelled by neoliberalism and a retributivist approach – the incarceration of those financially excluded from markets committing crime. For example, the respondents who stated that the sentences were too lenient also put down lower estimates of imprisonment. By Eponine Howarth (LSE (BSc Politics and International Relations). 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. It should be noted, though, that the relevant literature does not identify inappropriate police discretion as the single or even the most significant cause of over-representation in the criminal justice system. For research such as this it is important to address some ethical considerations in order to collect good data (O’Leary, 2004). Inequality is a strong explanatory factor of over-incarceration : school failure, peer influence, living in poor areas, drug use and joblessness (Webster, 2007). 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). AP Photo/Damian Dovarganes. Residential segregation shows that poorer groups tend to be concentrated in areas where the access to public services is worse : schools, infrastructures etc. 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. Credibility is then achieved through objectivity because with the use of questionnaires the beliefs and values of the researcher could not have affected the results, meaning the findings could not depend on who did the research (Seale, 2004). The utilitarian approach may lead to lesser overrepresentation, depending on the view of the usefulness of prisons. The first question on the questionnaire asks respondents about their opinion on the type of job that some criminal justice professional do. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. It is dangerous to consider culture as a source of explanation in itself, because it reinforces racial theories of differences. 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. proposed ‘justice reinvestment’ as a possible solution to the over representation of Indigenous people in the criminal justice system. It is clear that the role of race in certain stages of the Criminal Justice System such as sentencing is very important. The respondents were then asked about their opinions about the leniency of the sentences that ethnic minorities received for certain crimes (robbery, drug offences and crime offences). The significance of public opinion can be seen for example in the observation that was made by the Lord Chief Justice, Lord Bingham. By culture, one usually associates it to ideas of diversity, identity and ethnicity. As well as advantages, the method used had limitations and this may have affected the validity of the findings. Media discourse thus blames crime on ethnic identity. For example the response rate was low (raising generalizability and representative issues), there was little to no control of who volunteered and completed the questionnaire (can lead to bias). Prejudice is hard to remove showing the difficulty in combating the negative opinions of the public. Over-representation of Maori in the criminal justice system : an exploratory report. NYPD Report (2015). Considering crime punishable for the simple fact it’s a crime (retributivist approach), leads to the natural incarceration and overrepresentation of higher risk groups (criminalisation expansion in the US). The responses to the questions were limited and this meant that rich, in-depth and detailed information could not be gathered (Seale, 2004). Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Colour. McMaster, J. 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. However there is a minority who will offend and once involved in the system have an increased risk of lifelong involvement. 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). 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. Do you have a 2:1 degree or higher? Esping-Anderson (1990) The Three Worlds of Welfare Capitalism. 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). Disabling Justice - Why the system fails people with disability and mental illness. 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. Our academic experts are ready and waiting to assist with any writing project you may have. Copyright © 2003 - 2021 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. The Merritt Herald. 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. Overrepresentation also suggests two types of problems : groups more likely to commit crime, and those more likely to be arrested. Aboriginal over-representation in the criminal justice system: A tale of nine cities. Essay competition 2018 second place: Is war and conflict an inevitable feature of global politics? 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). 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). Essay competition 2018 third place: What are the effects of the rise of China on the present world order? This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. 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! 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. 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… http://www.nccdglobal.org/sites/default/files/publication_pdf/factsheet-us-incarceration.pdf. This essay suggests that systematic overrepresentation of certain groups is more structural, a collective fate for ethnic minorities (holistic approach) in individualistic societies, rather than the agency (methodological individualism) or biology of these individuals. Enter your email address to subscribe to the LSEUPR blog and receive notifications of new posts by email. Overrepresentation in criminal justice systems, computer generated “predictive policing,”, Globalisation and State Sovereignty: A Mixed Bag, Copyright © 2015 London School of Economics. 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). Ethnic minorities are also more likely to be the victims of crimes. 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. 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. 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. Questionnaires were the choice of method mainly due to the sensitivity of the topic; it made it easy for participants to respond freely to the questions even though they might have felt uncomfortable about the topic (Bryman, 2008). 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 … 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). – Meant that topics to be addressed in the questionnaires would be sensitive and/or embarrassing to some, it was, therefore, easier to be addressed through an anonymous questionnaire (Babbie, 2010). 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. One thing they do share, however, is a high rate of poverty” (The Atlantic, 1998). 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. However, statistics show that ethnic minorities are overrepresented at all stages of the Criminal Justice System. 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. 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 pieces shows the multi-causality of overrepresentation. The questionnaires were conducted on a voluntary basis and respondents self-selected themselves to participate. The unclarity of what constitutes ‘reasonable grounds’ for lawful police action translates into a culture of targeting BAME people at a disproportionate rate. 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. Economic inequality (Marx), but also social and cultural inequality (differences in social and cultural capital – Bourdieu), produce higher risk groups. Criminal statistics usually categorise social groups according to religion, race, gender and class. This shows how unawareness about the sentencing practice can be a major source of the disappointment that the public experience about the judiciary. A Tale of Two Englands : “Race” and Violent Crime in the Press. Seriousness of the sentences the offenders received Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ groups more to... 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