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What Is The Role Of Sentence Disparity In Criminal Justice

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The United States justice system is a complicated system. The justice system is the third branch of the government. This branch holds the responsibility to create and up hold laws. The justice system has a precise order of how things fall into place when a crime has been committed. The process to arrest an individual to the sentencing of that individual takes a bountiful amount of steps and procedures. First of all, the officials suspect an individual is committing a crime. The cop can follow and gather evidence against the individual suspected of committing a wrong doing. If the cop feels he/she has enough evidence, but needs more they issue a warrant signed by a judge and search the individual or their property. Arrest, which is when an …show more content…

However, the system is not perfect, sometimes we lock up the wrong person or we sentence individuals to harshly. For example, sentence disparity exists in the United States. Sentence disparity is when an individual sentence is unfair and unequal to their crime. A Judges perception of the laws, for instance proves one reason why sentence disparity exists. For example, one judge may view substance abuse as a regular and give them two years’ probation, but another judge could view substance abuse as a habit that does not go away, so he gives a more extreme sentence of two years in prison. Individuals who commit the same crime should receive the same sentences, if the this is the individuals first appearance. If one of the individuals has committed the crime before, and then committed it again, this individual needs to be punished more severely, then the one that committed it for the first time because the judicial system needs to show individuals that it is not going to allow an individual to commit the same crime over and over and just get a slap on the wrist for …show more content…

To improve the system, I would review all judges to make sure they did not have bias toward their cases. For example, all judges would be review on sorts of topics by different individuals to see how they felt toward one topic. I would ensure that judges that had an emotional connection to cases recuse themselves, they are already supposed to do complete this action, but some do not. Lastly, I would attempt to destroy corruption in the judicial system. This would be the paying people under the table, picking the right judge to give lenience, etc. All in all, the judicial system has cracks in the foundation, but it is on the right track. Our system is not perfect but it is better than not having anything. The judicial system gives individuals the chance to prove their innocence and to fight for the

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Just by denying others the better treatment you would be violating other individual rights of dual process. The court system wouldn’t be equal and fair as promised by dual process. That is how having the “uniqueness” thinking error can mess with individual rights. How having the same thinking error can affect the public order is on the extreme end of consequences, it could lead to favoritism among those people with the criminal thinking errors. In societies perspective favoritism coincidentally, is not favored.

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Also race and gender plays a big factor when sentencing offenders. For example, in the book it states that African Americans receive harsher sentences on average than white or Asian American offenders and males have a longer sentencing than females. This is just causing people to be in jail who shouldn’t really be there and this is also the reason why jails are overpopulating. Someone who has possession of drugs should not be going to jail longer than someone who committed murder. Our system of sentencing isn’t so rational and fair when it comes to sentencing.

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