Reference no: EM131236369

Forum Post:

Why does sentencing disparity exist?Are there programs that can reduce disparity in sentencing?If so, what are they?Should all people who commit the same crime receive the same sentence? Explain.

ALL DISCUSSION BOARDS MUST HAVE A MINIMUM OF 150 WORDS.YOU MUST HAVE AN INITIAL POST THEN RESPOND TO THREE OTHERS IN THE CLASS.THIS WILL BE A TOTAL OF FOUR POSTS.

1st Reply

The exercise of discretion allows judges to use personal philosophies about crime and individual backgrounds in determining cases (Crow& Bales, 2006). This is the main reason why sentencing disparities exist. It is also justified to attribute the human character of judges as a factor which contributes to sentencing disparity. In one case, a judge may be influenced by a touching story presented by the defendant to make a lenient decision, while in another; the defense presented would not prove sufficient to evade harsh punishment. I believe the sentencing commission should document guidelines with specific penalties for different crimes (United States Sentencing Commission guidelines manual, 2005). Such an approach minimizes the sentencing disparities to a great extent.

I also agree that persons charged with similar offenses should not be served with a similar punishment. Other underlying factors such as their criminal history and the defense mechanisms have always impacted on the sentencing decision (Crow& Bales, 2006). Therefore, judges determine correct court rulings on case to case basis and this should be the right approach.

References

Crow, M. & Bales, W. (2006). Sentencing Guidelines and focal concerns: The effect of sentencing policy as a practical constraint on sentencing decisions. American Journal Of Criminal Justice, 30(2), 285-304.

United States Sentencing Commission guidelines manual. (2005). [Washington, D.C.].

Second Reply:

Sentencing disparity exists, due to unfair or inhumane review and understanding of a case. Although, judges have made wise decisions for many severe cases, they have also sent innocent men and woman to jail and they have even been put on death role for crimes they were unjustly accused of, because of the misrepresentation given by a lawyer whom does not care enough about that case. There are programs than can reduce sentence disparity according to McKay, T. (2011) "One of the most divisive programs is the "fast-track" sentencing programs. 5 Fast-track programs allow prosecutors in certain districts to offer below-Guidelines sentences in exchange for a defendant's guilty plea and waiver of certain rights".

I do believe that all criminals that commit the same crime should receive the same punishment. The severity of the crime should determine if the individual should be eligible for a program that may reduce his/her sentence.

References

McKay, T. (2011). JUDICIAL DISCRETION TO CONSIDER SENTENCING DISPARITIES

CREATED BY FAST-TRACK PROGRAMS: RESOLVING THE POST-KIMBROUGH CIRCUIT SPLIT. American Criminal Law Review, 481423

Third Reply:

I believe sentencing disparities exist due to several reasons to include a lack of representation by counsel; misrepresentation of the facts in the police report; and the judge's attempt to make the punishment fit the crime just to name a few. Although the law provides a minimum sentence and a maximum sentence for each crime, the judge has the ultimate decision on whether to impose the minimum or the maximum sentence. According to Siegel & Worrall, no two crimes are in every way the same down to all the details and evidence (Siegel L. J., 2013), which gives the judge the freedom to use their discretion when deciding upon one's sentence.

This is an interesting fact I located regarding sentencing disparities for the drug crack versus powder cocaine, even though they both are the same drug.

"In 2010, Congress passed the Fair Sentencing Act (FSA), which reduced the sentencing disparity between offenses for crack and powder cocaine from 100:1 to 18:1. The scientifically unjustifiable 100:1 ratio meant that people faced longer sentences for offenses involving crack cocaine than for offenses involving the same amount of powder cocaine - two forms of the same drug. Most disturbingly, because the majority of people arrested for crack offenses are African American, the 100:1 ratio resulted in vast racial disparities in the average length of sentences for comparable offenses. On average, under the 100:1 regime, African Americans served virtually as much time in prison for non-violent drug offenses as whites did for violent offenses. The FSA represents a decade-long, and truly bipartisan, effort to reduce the racial disparities caused by the draconian crack cocaine sentencing laws and to restore confidence in the criminal justice system, particularly in communities of color (ACLU, 2016).

Considering this fact, I do believe that those who commit the same non-violent drug related crime should receive the same sentence. If they are convicted of having the same amount of product in weight, regardless if it is crack or cocaine, they should receive the same sentence. However, if they are repeat offenders, there should be harsher sentencing for repeat offenders. As far as programs that can control the disparities in sentencing, organizations such as the NAACP, and the ACLU are a few that make sure the laws are fair for everyone regardless of their socio status or race.

Works Cited

ACLU. (2016, October 4). Fair Sentencing Act. Retrieved from American Civil Liberties Union and the American Civil Liberties Union Foundation:https://www.aclu.org/feature/fair-sentencing-act

Siegel, L. J., & Worrall, J. L. (2013). Introduction to criminal justice . Wadsworth Publishing. ISBN:13: 978-1285069012.

97 words.