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Disparity and Discrimination

Criminal Justice System, Discrimination, Justice System

Disparity and discrimination are two factors that have had an impact on American society. In this essay the two terms, disparity and discrimination will be explore as well as who is affected by them. Examples of how disparity and discrimination play a role in Criminal Justice will be shown along with similarities and differences between the two. Disparity and discrimination are thought of as interchangeable terms but in this essay that belief will be put to rest.

Disparity

Disparity is the absence of equality between two or more individuals or groups. According to Dictionary.com (2009) disparity’s definition is, “lack of similarity or equality; inequality; difference” or “the state ofbeing different or dissimilar” (¶1, ¶6). Disparity includes factors such as the nature of the crime, an individual’s criminal history, racial makeup, sex of the offender, or social class. Factors such as social class, sex, or race are not deemed “…legitimate factors” because these factors tend to group individuals into categories that are not directly tied to criminal behavior (CliffNotes.com, 2009, ¶2). Disparity can affect men, women, race, ethnic groups, and differing positions within the workplace. To conclude, one could simply state that disparity is the differences one individual(s) has from another(s).

Disparity can be seen in the Criminal Justice System in several areas. One form of disparity can be displayed in a smaller populated community that has a vast variation in population consisting of majority and minority races within a community. Disparity is present when a larger or more dominate group’s population is compared to a lower population of a minority group(s) and the two groups interaction with the Criminal Justice System. An example of disparity can be seen if Wayne County, Missouri’s racial population is compared with that of the entire state of Missouri. According to an estimated census calculation for 2007 from the U.S. Census Bureau (2009) White occupants of Wayne County, Missouri was just over 97% of the population and Black persons was recorded at one-half a percent of the population. If these figures are compare to the entire population of Missouri, over 85% for Whites and nearly 12% for Blacks, disparity begins to become apparent (U.S. Census Bureau, 2009). Finally, to show that disparity is a leading factor in the misconception that minority groups are dominating criminal offenders the previous figures must be compared with incarceration rates nationally. The U.S. Department of Justice’s Bureau of Justice Statistics (2008) shows in 2007 there was “170” White and “815” Black based on “…jail inmates per 100,000 U. S. residents” (chart). After comparing the data, disparity becomes apparent. Due to the lack of equality in population size or representation disparity has caused the wide acceptance and expanding misconception that minority groups are more likely to become criminal offenders.

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Discrimination

Discrimination is the unequal treatment of individuals because of race, religion, ethnic background, or other such factors. Dictionary.com (2009) describes discrimination as “unfair treatment of a person or group on the basis of prejudice” (¶4). In American history discrimination could be seen through the segregation of buses, schools, restaurants, and other public facilities; as well as employment barriers that Blacks and women faced. Blacks and Whites were held to different standards with the White males being seen as more valuable in society’s eyes. In the mid-1950s segregation was beginning to come to an end but discrimination was still present. Discrimination has created an invisible boundary between groups in American society (MacArthur, J.D and C.T, 1999). Women faced discrimination through the popular belief that women were intended to stay at home, bear children, cook, and clean. Women have been able to overcome most of the gender discrimination since the time of World War 1. Discrimination can be described unfair or unequal treatment for individuals or groups due to race, ethnic, gender or beliefs.

Discrimination can be seen in the Criminal Justice through unfair or unequal treatment of persons while interacting with various departments of the Justice System. In Criminal Justice, discrimination has four, separate, types; systematic, contextual, institutionalized, and individual. Systematic is the use or presence of discrimination within the Justice System, contextual is discrimination according to crime(s) committed, institutionalized discrimination takes into account the offender’s criminal history, and individual discrimination is detailed according to the offender’s acts or actions. One example of discrimination in the Criminal Justice System can be displayed by the following scenario-

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In a small county in Southern Alabama (population is predominantly white), a White man, around the age of 30, possessing a high school diploma fills out an application for employment with the local Sherriff’s office. At the same time a Black man, same age bracket, possessing a Bachelor’s degree in Criminal Justice Administration and has graduated from a police academy applies for the same position. The more qualified Black man is overlooked for the position while the White man is hired.

This form of discrimination can be summed up in two parts; employment discrimination and racial discrimination. The white male may have been hired because of the dominating racial make-up of the county; nevertheless, this is discrimination.

Conclusion

Disparity and discrimination are two factors that can influence the way that people or groups are perceived in society as well as within the Criminal Justice System. Although the two terms may be confused or appear tied together; the two are different. Disparity focus on the lack of similarities that an individual(s) or group(s) has with one another. Discrimination is the unequal or unfair treatment of an individual(s) or group(s) due to race, gender, religious belief, or ethnic background. “Disparities can often lead to discrimination. Discrimination can often lead to disparities” (AnailRhodes.org, 2006, ¶10). Both disparity and discrimination do contribute to corruption within the Criminal Justice System, or at least to the need for reform. Without consideration into battling disparities and discrimination or reform of policies or regulations the Criminal Justice System will have to use discretion to determine the best means to deal with these two problems.

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Reference

AnailRhoads.org (2006) Disparity and Discrimination. Retrieved February 24, 2009 from, web site: http://www.anairhoads.org/calderon/disdisc.shtml

CliffNotes.com (2009) Racial Disparities. Retrieved February 24, 2009 from, web site: http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/Racial-Disparities.topicArticleId-10065,articleId-9915.html

Dictionary.com (2009) discrimination. Retrieved February 24, 2009 from, web site: http://dictionary.reference.com/browse/discrimination

Dictionary.com (2009) disparity. Retrieved February 24, 2009 from, web site: http://dictionary.reference.com/browse/disparity

MacArthur, J.D and C.T (1999) Discrimination. Retrieved February 26, 2009 from, web site: http://www.macses.ucsf.edu/Research/Psychosocial/notebook/discrimination.html

U.S. Census Bureau (2009) Wayne County, Missouri. Retrieved February 25, 2009 from, web site: http://quickfacts.census.gov/qfd/states/29/29223.html