24 Jul 2022

83

Drug Offenses: Sentencing Disparity between Blacks & Whites

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Chen, E., & Nomura, K. (2015). And Justice for All? Racial and Ethnic Disparities in Federal Drug Courts in California and the US.  California Journal of Politics and Policy 7 (2). 

The study examines ethnic and racial disparities in the federal drug courts in the U.S. The study used data from the U.S. sentencing commission for the years, 2003, 2007, and 2012. The study indicated that African Americans are most disadvantaged in terms of drug-related sentencing. The research is relevant for both American societies as well as professionals in the criminal justice system. The study did not identify a clear impact of the case concerning ethnic or racial disparities from the perspective of sentencing outcomes. 

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Estes, D. A. (2015). Race & Non-Racial Characteristics in Sentencing Length and Sentencing Type Disparity 

The study utilized data from the U.S. Department of Justice Bureau of Justice Statistics about a Survey of inmates in the federal and state correctional facilities. The researcher sought to establish whether African Americans receive longer prison sentences than Whites for drug-related offenses. The study revealed that unlike Whites, African Americans faced a higher risk of getting a longer sentence. The critical implications of the study include the need for further research about the racial disparities in sentencing, especially using recent inmate data as it relates to changes in the drug sentencing laws. 

Foster, A. M. (2018). Unfinished Uniformity in Systematic Sentencing: Oppressive Treatment and Disproportionate Punishment Outcomes for Black Women in Federal Prisons.  Ind. JL & Soc. Equal. 6 , 267. Foster, A. M. (2018). Unfinished Uniformity in Systematic Sentencing: Oppressive Treatment and Disproportionate Punishment Outcomes for Black Women in Federal Prisons.  Ind. JL & Soc. Equal. 6 , 267. 

The study sought to examine the mandatory minimum sentencing guidelines and laws that aim at reducing the sentencing disparities. The researchers embarked on the survey since the guidelines and requirements have been found to lengthen and worsen sentences for Black women. Moreover, the study examines the treatment of drug offenders and drugs between the 1970s and 1990s. The article is mainly appropriate for individuals interested in women’s issues and health, particularly women in prison. The study provides several recommendations for improving the wellbeing of the Black women in prisons, including implementing initiatives that focus on their treatment of mental health, addressing issues of rape and HIV/AIDS affecting the women, and implementing more vocational and educational training to equip the women with relevant skills to help them overcome the economic burdens that they face once they are released from prison. 

Hester, R., & Hartman, T. K. (2017). Conditional race disparities in criminal sentencing: a test of the liberation hypothesis from a non-guidelines state.  Journal of quantitative criminology 33 (1), 77-100. 

The study aimed at testing the liberation hypothesis in legal contexts unconstrained by the sentencing guidelines. The research established that the severity of an offense primarily influences the effects of race. Moreover, the study demonstrated racial inequalities in that Blacks were found to receive longer sentences than Whites. The research suggests that sentence length and incarceration decisions may involve different processes, whereby interactions between race and other factors differ. 

Mooney, A. C., Giannella, E., Glymour, M. M., Neilands, T. B., Morris, M. D., Tulsky, J., & Sudhinaraset, M. (2018). Racial/Ethnic Disparities in Arrests for Drug Possession After California Proposition 47, 2011–2016.  American journal of public health 108 (8), 987-993. 

The study focused on evaluating the effects of Proposition 47 of California as well as racial disparities in drug-related arrests. The study utilized available data on drug-related arrests that occurred in California between 2011 and 2016. The research established that the implementation of Proposition 47 contributed to a significant reduction in the disparity between Blacks and Whites in the context of drug-related arrests. The study indicates that minimizing criminal penalties for individuals charged with drug possession can play a vital role in reducing the racial inequalities that exist in the justice system. 

Nicosia, N., MacDonald, J. M., & Arkes, J. (2013). Disparities in criminal court referrals to drug treatment and prison for minority men.  American Journal of Public Health 103 (6), e77-e84. 

The researchers examined the disparities in the referrals for treatment among the minority men. The principal objective of the study is to establish the extent to which racial differences in the diversion to drug treatment and prison are explained by the current criminal and arrest history characteristics among offenders and whether the differences declined after Proposition 36 in California, which recommends treatment for first and second time drug offenders who are non-violent rather than imprisonment. The significant audience for the study includes policymakers and the criminal justice system. 

The method used in the study involves analysis of the administrative data on drug-related arrests occurring between 1995 and 2005 in California. Moreover, the research established that Proposition 36 reduced the racial disparities in the criminal justice system, but particularly among the Hispanics rather than the Blacks. The critical implication of the study is that it helps policymakers to determine the effectiveness of Proposition 36 as well as giving them insight into creating and implementing better policies. For instance, the study indicates that the standardization of criminal justice policies helps in improving access to drug treatment, an aspect that is crucial in alleviating key disparities in the justice system. 

Rehavi, M. M., & Starr, S. B. (2014). Racial disparity in federal criminal sentences.  Journal of Political Economy 122 (6), 1320-1354. 

The study examines racial disparities in the prison system in the U.S. The audiences include the critical decision-makers in the order as well as the American society at large. The researchers used the hot deck approach, which is commonly used in such government surveys as the population survey. The study established that Blacks receive sentences that are approximately 10% longer than those granted to Whites with similar crimes. Moreover, the number of Blacks arrested for drug-related crimes is higher than that of Whites. The research is vital for policymakers, particularly in implementing policies that promote racial equality in the justice system. The findings of the study indicate that racial inequalities exist in the justice system, therefore the need for measures to eliminate such disparities. 

Rosenberg, A., Groves, A. K., & Blankenship, K. M. (2017). Comparing Black and White drug offenders: Implications for racial disparities in criminal justice and reentry policy and programming.  Journal of drug issues 47 (1), 132-142. 

The researchers sought to compare white and black drug offenders and the implications for the racial disparities in the reentry policy and programming and the criminal justice system. The researchers are studying the topic to determine the consequences of the high rates of incarceration among the black, which has disproportionately affected them compared to the whites since the beginning of the Drug War. The critical audiences of the article include policymakers as well as the larger American society. The study used a questionnaire approach, where respondents addressed such questions as sexual orientation, level of education, drug use, number of convictions, current employment status, current income, and the number of children that one has. T-tests and the Chi-square were used in describing the differences between Whites and Blacks in terms of the services that they access while engaged in the criminal justice system, drug use, and demographics. 

The study findings indicate that Blacks are more likely to be charged for use and possession of drugs, especially marijuana. However, in both cases, treatment for drug use is the most accessed service under supervision. Further, the study revealed that although Blacks are convicted for relatively fewer times than Whites, they demonstrate more sentences that result in incarceration than the Whites. Moreover, the research indicates that both Whites and Blacks show similar degrees of drug sales; however, blacks are mainly charged for sales and possessions while Whites are primarily charged for such illegal activities as stealing to support their drug use habits. Poverty is indicated as the critical factor influencing the high rates of drug sale and possession among the Blacks. 

Yang, C. S. (2015). Free at last? Judicial discretion and racial disparities in federal sentencing.  The Journal of Legal Studies 44 (1), 75-111. 

The researcher examines the impact of the increased judicial discretion on the sentencing disparities between Blacks and Whites. The study established that Black offenders are sentenced to prison approximately two months more compared to their White counterparts. The investigation also determined that racial disparities are more pronounced among judges and prosecutors. The research is significant in promoting fairness in the justice system as well as implementing policies to minimize racial differences that emanate from prosecutors and judges. 

Zimmerman, K. (2014). The Unfair Sentencing Act: Racial Disparities and Fiscal Consequences of America's Drug Laws.  Themis: Research Journal of Justice Studies and Forensic Science 2 (1), 10. 

The article examines the Fair Sentencing Act; the researcher sought to conduct study due to the unfair treatment of drug law offenders found with crack and cocaine, which has largely influenced the massive incarceration of African Americans. The research established that the Act is still unfair since it is yet to equate a gram of crack to that of cocaine. The disparities emanate from the fact that minorities, particularly African Americans are mainly incarcerated for a break, and they tend to be punished more than cocaine dealers and users, who are mostly White. The study implies that more research is necessary to indicate how different drugs are treated by the judicial system so that appropriate measures can be implemented in punishing drug-related offenses. 

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StudyBounty. (2023, September 17). Drug Offenses: Sentencing Disparity between Blacks & Whites.
https://studybounty.com/drug-offenses-sentencing-disparity-between-blacks-whites-essay

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