Do gender and race affect sentencing decisions by judges?
Previous research has found significant effects of gender, race, and age on sentencing decisions made by state and local court judges (e.g. Johnson, 2003; Mustard, 2001; Steffensmeier, Ulmer, & Kramer, 1998). The current study used criminal district court data from two counties in
How are women offenders treated by the court system?
Women offenders are often seen by the legal system as less responsible for their actions and rather than be punished, they need to be protected (Mustard, 2001; Rodriguez et al., 2006). Consequently, the court system tends to treat
How does race affect judicial decision-making?
The researchers also explained that race is often tied to variables such as socioeconomic status, which may influence judicial decision-making. For example, when deciding a sentence for an African-American defendant, a
How important is racial equity in the civil court system?
Many of these leaders see racial equity considerations as among the most critical they face as they update court operations and incorporate new technologies. Longstanding concerns about racial disparities may be most prevalent in the criminal courts, but they play significant roles in civil courts as well.
Why does the federal government have to provide equal protection of the law when the Fourteenth Amendment applies to the states?
Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.
Does the Constitution prohibit discrimination based on race?
Prohibiting Private Discrimination. As we have seen in an earlier chapter, the equal protection clause of the Fourteenth Amendment prohibits most discrimination on the basis of race and gender (and also alienage and national origin), but only when practiced by the government.
Does the Equal Protection Clause apply to race?
In addition, the Fourteenth Amendment contains the equal protection clause. This mandates that no state shall… “deny to any person within its jurisdiction the equal protection of the laws.” This clause has proved to be central in ending and preventing government discrimination based on race and gender.
What standard is used by the Supreme Court to decide if a classification based on race is allowed?
Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination.
What does the Constitution say about racial profiling?
The Fourth Amendment to the Constitution protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” It does not specifically prohibit racial profiling, but courts would not consider stops and searches based solely on a subject's race to ...
What does the Constitution say about racial equality?
The Fourteenth Amendment “is one of a series of constitutional provisions having a common purpose; namely, securing to a race recently emancipated, a race that through many generations had been held in slavery, all the civil rights that the superior race enjoy.
What was one reason why the Equal Rights Amendment failed?
However, during the mid-1970s, a conservative backlash against feminism eroded support for the Equal Rights Amendment, which ultimately failed to achieve ratification by the a requisite 38, or three-fourths, of the states, by the deadline set by Congress.
How does the Constitution protect from discrimination based on national origin?
Federal laws prohibit discrimination based on a person's national origin, race, color, religion, disability, sex, and familial status. Laws prohibiting national origin discrimination make it illegal to discriminate because of a person's birthplace, ancestry, culture or language.
When did the Supreme Court first declare gender based classification unconstitutional?
Reed v. Reed, 404 U.S. 71 (1971), was a landmark decision of the Supreme Court of the United States holding that the administrators of estates cannot be named in a way that discriminates between sexes.
What does the rational basis test require in order to justify government discrimination among groups of people?
To pass the rational basis test, the statute or ordinance must have a legitimate state interest, and there must be a rational connection between the statute's/ordinance's means and goals.
What is race based classification?
A measure that does not draw a distinction explicitly on race but that does draw a line between those who seek to use the law to do away with or modify racial discrimination and those who oppose such efforts does in fact create an explicit racial classification and is constitutionally suspect.7. Hunter v.
What it means to say that race and national origin are suspect classifications?
Definition. Suspect classification refers to a class of individuals that have been historically subject to discrimination.
Diversity on state and federal courts
State courts handle more than 95 percent of America’s court cases, and they continue to be run primarily by white male judges. A recent report on racial and gender diversity from the American Constitution Society found that white men comprise 58 percent of state court judges, even though they make up less than one-third of the population.
The importance of diverse perspectives
After Justice Sonia Sotomayor faced criticism for pointing out that a “wise Latina” judge may “reach a better conclusion” than a white male judge, many criticized her for arguing that white judges are not as good at their jobs.
Conclusion
There are qualified women and people of color who could fill state court benches, but the systems currently in place inhibit efforts to increase diversity. Building a strong pipeline from colleges to law schools and a career track to the bench for women and people of color are crucial steps toward more diverse courts.
What are the factors that contribute to racial disparity in prosecution and punishment?
Discriminatory Profiling. A major factor contributing to racial disparity in prosecution and punishment is the discriminatory profiling of minorities-based on race, ethnicity, and sexual preference-as criminal suspects and, especially, as drug traffickers. Profiling is used to determine whom to stop and search in the absence ...
What is the obligation of government to prevent and punish criminals?
But it is also the obligation of government to ensure that no one is unjustly accused, convicted, or punished. In Deuteronomy 16:20, the Torah commands us, ( Tzedek, tzedek tirdof, "Justice, justice you shall pursue"), ...
What is the disparity between crack and powder cocaine?
The disparity in the treatment of users of crack and powder cocaine contributes to the disproportionate incarceration of minorities. In 1988, Congress distinguished crack cocaine from powder cocaine and other drugs by creating a mandatory minimum penalty for the simple possession of crack cocaine, the only such federal penalty for ...
What has the use of force contributed to?
The use of force by police and law enforcement agencies has contributed to a widening rift in police/community relations. The brutalizing of Abner Louima while in police custody in New York and the police shooting of a West African immigrant, Amadou Diallo, in the vestibule of his New York apartment building have raised public awareness of a long-simmering concern. These events, as well as others across the country, sparked massive protests and opened a dialogue among city officials, minority leaders, and law enforcement agents.
When did the Union of American Hebrew Congregations oppose the death penalty?
Death Penalty. In 1959 , the Union of American Hebrew Congregations resolved to oppose the death penalty, a position supported by the former Synagogue Council of America representing Reform, Conservative, and Orthodox rabbis. While we continue to work for the abolition of the death penalty, we cannot ignore injustices in its application.
Who wrote that African Americans are stopped by police in disproportionate numbers?
In 1997, Judge Stephen Reinhardt of the 9th U.S. Circuit Court of Appeals wrote: "It is clear . . . that African-Americans are stopped by the police in disproportionate numbers.".
Is race a determining factor in death penalty disparities?
Some contend that these and other statistics showing disparities can be explained by nondiscriminatory factors, but there is strong evidence that race is a determining factor. Studies also document the role of poverty in death penalty disparities.
What is Sara's Law?
1950 - also known as Sara's Law - will allow judges to depart from any mandatory minimum sentence or suspend any portion of a sentence when a child has committed a crime against someone who has previously sex trafficked or sexually abused them. And H.R. 1951 will allow children sentenced to more than 20 years in prison for crimes committed ...
What is the purpose of the H.R. 1949?
H.R. 1949, H.R. 1950, and H.R. 1951 are about mercy and redemption for America’s children and represent common- sense reform that properly balances protecting public safety with the need to treat children differently from adults in the federal criminal justice system.
What is the mandate for children in 1949?
H.R. 1949 addresses the use of mandatory minimum sentences on all children in the federal criminal justice system. Under this measure, judges will consider how children are different from adult offenders prior to sentencing and will be allowed to depart up to 35 percent away from the otherwise applicable mandatory minimum sentence.
How many ACEs are there in juvenile justice?
Studies have shown that approximately 90 percent of children in the juvenile justice system have experienced at least two ACEs, and 27 percent of boys and 45 percent of girls have experienced at least five ACEs. [2] . For children sentenced to life in prison, nearly 80 percent of them reported witnessing violence in their homes, ...
How many children are prosecuted in the US every year?
An estimated 76,000 children are prosecuted in the adult criminal justice system every year in the United States. [1] . These children can face severe punishment that is not age-appropriate and is disproportionate given their young age and lessened culpability relative to that of adults.
Is there too little attention to children in the criminal justice system?
Too little attention has been paid to children in the criminal justice system. From arrest to sentencing and incarceration, our treatment of children in the justice system is long overdue for re-examination and reform. In the late 1980s and early 1990s, states began passing laws to make it easier to transfer children into ...