Definition of Disparity in Criminal Justice
Disparity in criminal justice refers to inequity of arrests and sentencing for certain groups of people; it nearly always refers to racial and ethnic disparity. Racial disparity has been definitively verified, though it may not always be related to intentional discrimination. Legitimate legal factors involved in racial disparity include severity of the offense and previous criminal record.
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Nationwide Disparity
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Nationwide in the United States, according to the Constitutional Rights Foundation (CRF), racial disparity begins with arrest policies and continues through sentencing and parole (see Resources).
Specifics
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According to the CRF, over 25 percent of black males and 16 percent of Hispanic males spend time in prison, while only 4 percent of white males do so. Blacks make up only 12 percent of the United States population.
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Death Sentences
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CRF statistics show disparity in death sentences, with black males most likely to have this sentence for similar crimes committed by other races. About 40 percent of people sentenced to death are black males.
California
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"The San Jose Mercury News" reported in 1991 that in California, about 33 percent of white adults arrested with no prior record had felony charges reduced, but only 25 percent of blacks and Hispanics were able to do so.
New York
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A report on racial disparities in the Syracuse/Onondaga, New York, criminal justice system in 2001 showed a disproportionately high percentage of blacks and Hispanics being arrested and sentenced to jail or prison. They also were significantly less likely than whites to receive a probation sentence (see Resources).
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