The Concepts of Disparity and Discrimination - Essay Example

Let us now discuss the concepts of disparity and discrimination to find out their relationship with the criminal justice system.

Disparity and Discrimination
Disparity and discrimination are two of the most commonly used terms in the criminal justice system. Both terms are often mixed when they are used in the context of the criminal justice system. However, disparity does not always involve the factor of discrimination when it comes to the decisions made by a court. Some people believe that factor if discrimination does not exist in the criminal justice system. One must understand the difference between disparity and discrimination to know whether discrimination exists in the criminal justice system or not.

The concept of disparity is based on some legal or lawful factors, such as the criminal history and mental health of a criminal, whereas, discrimination is based on the sex, race, social status, and religion of a criminal. By definition, discrimination is an act of favoritism or unfairness based on the race or nationality of the criminals. There are three main forms of discrimination in the criminal justice system, which include institutionalized discrimination, systematic discrimination, and contextual discrimination. Systematic discrimination is based on race, gender, or ethnicity and exists in all parts of a country (Williams, 2009). In contrast to systematic discrimination, institutionalized discrimination is based on crime reports from any specific place in a country instead of race or ethnicity factors.

Talking about the differences between disparity and discrimination, we can say that racial disparities are also in the criminal justice system. “One commonly known disparity created in the sentencing guidelines used today is the lengthier sentences for drug charges on crack cocaine that creates racial disparities because crack cocaine is cheaper to obtain than the powder cocaine” (Williams, 2009).

Example of the Difference
Let us take an example of the difference between disparity and discrimination from the context of criminal justice. In a court, if a decision is made based on the personal criminal record of a criminal instead of his or her race, sex, or social background, it is termed as disparity, whereas if a decision is made based on a criminal’s race, sex, or religion, it is termed as discrimination. For example, in the case of a decision against an African American, we must analyze whether the judge has sentenced the offender because of the offender’s criminal record or because of the judge’s bias against the African Americans. Therefore, we can say that both disparities and discrimination exist in the criminal justice system. The only major difference between both terms is the factors on which a court makes a decision. Read More