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Subtle and Systematic Racial Discrimination in Sentencing Practices -…
Subtle and Systematic Racial Discrimination in Sentencing Practices
Not Universal
Discrimination is not consistent across all cases but is confined to specific types of cases, settings, and defendants.
Implicit / Explicit Bias
Judges may implicitly or explicitly consider racial factors when issuing sentences.
This could be unconscious bias or a deliberate decision influenced by racial stereotypes.
Judicial Practices in Sentencing
Harsher Sentences for Minorities
Example: Minorities who commit serious crimes (murder, rape) against whites face harsher sentencing.
Conversely, white defendants, especially those victimizing minorities, often receive more lenient sentences
In less severe cases, minorities receive prison sentences, while whites are more likely to receive probation.
Existence of Institutional Discrimination
Discrimination continues through facially neutral laws that disproportionately affect racial minorities
Examples of Discriminatory Policies
Crack vs. Powder Cocaine Disparity: Harsher penalties for crack (used more by minorities) versus powder cocaine (used more by whites).
Three-Strikes Laws: Habitual offender laws lead to longer sentences for repeat offenders, disproportionately impacting minorities.
Drug-Free School Zones: Target minority communities disproportionately due to urban school locations.
Underlying Factors and Challenges
Discrimination Has Not Disappeared
While overt racism may be reduced, racial bias has become more subtle and contextual.
Persistence in Certain Jurisdictions
Judges in some areas still impose racially biased sentences even when broader legal changes have been made.
Challenges in Addressing Subtle Discrimination
These patterns are difficult to prove and address due to their subtle, implicit nature.