Credibility was also achieved through reliability because the questionnaire was close ended and standardised, this means the questionnaire can easily be repeated by different researcher’s and the chances of measurements being consistent are high. The first part argues that these groups are overrepresented because more likely to be arrested due to target policing, and the influence of the media in shaping public opinion (institutionalised racism). Many of the research findings on race and sentencing have issues -for example methodological and theoretical issues and concerns – this results in the difficulty to prove that a relationship between race and the sentencing decision exists (Spalek, 2008). 3.21The over-representation of Aboriginal and Torres Strait Islander people in prison has increased fr… That’s why I have asked David Lammy MP to lead a review of the over-representation of defendants from black and ethnic minority backgrounds in the criminal justice system. After volunteers had shown interest on approach, they were briefed on the purpose of the research, each volunteer was then informed that they could stop doing the questionnaire at any time and that the questionnaire would remain anonymous and they were reassured that their data would not be used against them, that their information would not be handed to third parties and would only be seen by an examiner. We do not assume the existence of a single criminal justice system or definition of crime : both vary across space and time, and levels of overrepresentation vary accordingly. To accept cookies, click continue. 15 questionnaires where completed for the purpose of this research; the questionnaires were obtained from individuals whose participation was entirely voluntary and they were not offered any compensation. – Meant that topics to be addressed in the questionnaires would be sensitive and/or embarrassing to some, it was, therefore, easier to be addressed through an anonymous questionnaire (Babbie, 2010). A Tale of Two Englands : “Race” and Violent Crime in the Press. They are less likely to be given unconditional bail, and more likely to be remanded in custody than white offenders. A strategy to address this overrepresentation of ethnic minorities in sentencing is needed to bring together departments and find ways to reduce it. This article provides an analysis of various explanations of the over-represenation of Indigenous people in the criminal justice system. It should be noted, though, that the relevant literature does not identify inappropriate police discretion as the single or even the most significant cause of over-representation in the criminal justice system. Over-representation of Maori in the criminal justice system : an exploratory report. To understand the over-representation of ethnic minorities in the criminal justice system we have to look further, at the wider inequalities currently faced by many ethnic minorities. • Māori are particularly over-represented in violent, dishonesty and administrative offences. The respondents were then questioned about 3 types of crime (robbery, drug and firearm offences). There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on UKEssays.com then please: Our academic writing and marking services can help you! The growth of ethnic minorities was not widely accepted and the resistance towards them was shown through racism and violence. He also found that most ethnic minorities opted the crown court and pleaded not guilty, this however, meant that when found guilty they were more likely to get a harsher sentence (Hood, 1992). The responses to the questions were limited and this meant that rich, in-depth and detailed information could not be gathered (Seale, 2004). In using questionnaires interviewer variability was avoided and the questionnaires also proved to be more convenient for respondents. Unequal reporting then further widens the dichotomy between real crime location and targeted areas : “In a second experiment, Isaac and Lum hypothesised that sending police to neighbourhoods chosen by the algorithm would lead to a jump in reported crime by 20%” (Business Insider, 2016). Crime becomes an expression of class conflict or a reaction to structural disadvantages. Since the growth of ethnic minorities in Britain with its peak in the 1990’s the interest in their progress has increased. The need for credible research had an effect on the way the research was conducted because to ensure credibility certain guidelines needed to be followed and deviation from these was not permitted. More respondents would give the opportunity to include a more generalizable sample and therefore result in more reliable and valid results about how race influences the sentencing decisions in the Criminal Justice System. Although mostly small at each point, the cumulative effect is likely to be sufficient to justify closer examination and investigation of options to reduce disproportionate representation of Māori. Aboriginal people are not only overrepresented in the criminal justice system as accused persons, but as victims as well. Multiculturalism in Britain is thus portrayed as culture clash. In 2010 a higher percentage of ethnic minorities (Black 27%, Asian 29%, other 42%) were sentenced to immediate custody for indictable offences than whites (23%) (Race and the CJS, 2010). “Just deserts” justify “fair” punishments proportionate to the seriousness of the crime. Furthermore, neoliberal laissez-faire economics in the US, suggest the market naturally redistributes wealth fairly. Spacial inequality (e.g. We're here to answer any questions you have about our services. It is important to investigate the procedure that occurs when an individual is to be sentenced, when researching the effects of race on the differences in sentencing. In light of this the participants were reassured about the confidentiality of their responses. Looking for a flexible role? The aim of this research essay is to look at literature and establish whether patterns of sentencing among ethnic minorities differ in a significant way from patterns of sentencing among whites. Ethnic minorities are also more likely to be the victims of crimes. Although the numbers might be small, Hood did manage to show that discrimination in the crown court exists, both direct (for example through bail decisions, the rate of sentencing and sentence imposed) and indirect (for example through the decision to plead not guilty and social inquiry reports) (Spalek, 2008). Over-representation of Māori in the criminal justice system: An exploratory report (September 2007) 4 September 2007 Executive Summary Māori are disproportionately represented in criminal justice statistics to an alarming degree. To narrow this down this research, the essay will focus mainly on the overrepresentation of ethnic minorities in the sentencing stages of the Criminal Justice System, even though it is recognised that those of Asian background are only slightly overrepresented in the prison population in comparison to those of black background. Overrepresentation in criminal justice systems, computer generated “predictive policing,”, Globalisation and State Sovereignty: A Mixed Bag, Copyright © 2015 London School of Economics. The Royal Commission was also very clear in its analysis of the approach to dealing with the over-representation of Indigenous people in the criminal justice system. Inequality is a strong explanatory factor of over-incarceration : school failure, peer influence, living in poor areas, drug use and joblessness (Webster, 2007). Hood himself admitted that he did not aim to provide a general or casual explanation but wants to make sure that the reasons for these differences in treatment between ethnic minorities and whites should remain open to speculation (Spalek, 2008). The significant over-representation of people with disability and mental illness in prisons represents a failure in providing appropriate supports, early intervention and alternative pathways, said panelists at a forum on disability in the justice system held at RMIT University on Friday, 1 March 2019. Section 6: Findings on Over-Representation in the Criminal Justice System 353 in Victoria. To take the research question further questionnaires were conducted to assess public opinion on the role of race in the sentencing possesses of the Criminal Justice System. 13th Apr 2017 Only 23 percent of respondents thought that judges were doing a good job; 48 percent thought that they were doing a fair job and 29 percent thought they were doing a poor job (see appendix 3). All work is written to order. Around half of the children currently in custody in England and Wales have been in care at some point, the Prison Reform Trust review found. The Court found that over-representation was “only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned.” In R. v. Ipeelee in 2012, the Court restated its findings in Gladue. Judges are therefore immune when acting in judicial capacity; this means the act does not apply to the sentencing of offenders in the courts (Gabbidon, 2010). To ensure credibility of this research, standardised instruments were used because they can be assessed in a direct way. To conclude, both institutionalised racism (targeted policing and the media), and structural factors (inequality, liberal welfare states, neoliberalism and retributivist approach to crime) explain the overrepresentation of certain groups in some criminal justice systems (multi-causal). However, there is no understanding systematic overrepresentation without understanding certain structural risk factors : levels of socio-economic inequality (exclusion from communities and markets), because of different welfare states, ideologies and approaches crime. Ultimately these accounts of Maori over-representation in the criminal justice system – and, indeed, of over-representation in poor economic outcomes – involve a process of cumulative circular causation through time of one event impacting on subsequent events both for the individual and through generations. Justice reinvestment is a localised criminal justice policy approach that first emerged in the United States. More policing is not needed, but provision of good public services, infrastructures and opportunities (inclusionary dynamics). An intersectional approach only may fully explain which groups are most overrepresented. Just over half thought that the sentences were too lenient (59 per cent) to some extent and just below half of the respondents (41 per cent) thought that the sentences were lenient enough. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UKEssays.com. As well as advantages, the method used had limitations and this may have affected the validity of the findings. Without tackling inequality there is no hope for changes in criminal statistics – there is a need for social justice, as well as economic distribution through progressive taxation (Piketty, 2013). He observed that it would not seem right for a judge to ignore any public opinion when in court. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. During the research the researcher was expected to perform certain duties in order to fulfil their role. Māori Over-representation in the Criminal Justice System overall, and this was particularly marked for Māori (an increase of 40%). Thus, the crucial intersectional approach (Crenshaw, 1990), because it is not men or black people that are overrepresented, but young black men from lower social classes (intersection of race, gender, age and … Jeff Brantingham, anthropology professor at the University of California Los Angeles, displays a computer generated “predictive policing,” zones at the Los Angeles Police Department Unified Command Post (UCP) in Los Angeles. Respondents were asked to estimate that out of every 50 ethnic minorities that were convicted of any of these crimes, how many ended up in prison. Esping-Anderson, drawing on Polanyi’s work, explains the emergence of contemporary welfare state. W hen David Cameron asked me to conduct a review into the over-representation of black, Asian and minority ethnic (BAME) individuals in the criminal justice system, I thought I … Economic inequality (Marx), but also social and cultural inequality (differences in social and cultural capital – Bourdieu), produce higher risk groups. The level of inequality is a strong determinant of risk : social and economic exclusion. 07-07-2014. The research question that will be investigated will then be: Does racial discrimination exist in the sentencing stages of the Criminal Justice System? This can be seen in a study conducted by Imogen Brown and Roy Hullin (1992). However, even though race might not have an influence at this stage, it is clear to others such as Hood (1992), Mhlanga (1997) and Banks (1999) that race does affect prosecution, sentencing and legal representation. For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in … By Eponine Howarth (LSE (BSc Politics and International Relations). The main focus has been on how the race of an individual can increase or decrease their sentence. VAT Registration No: 842417633. It is then clear that although the public are aware of some sentencing penalties, not all of them are known as a result not thought of when the public talk about sentencing. Ethnic minorities are also seen to be discriminated against by courts; they are much more severely dealt with when it comes to sentences received in courts, more likely to be sent to prison than whites who have committed the same offence (Hood, 1992). The overrepresentation of ethnic minorities in the Criminal Justice System looks like this: in 79.6 of arrests in 2009-10 those who were involved classified their ethnicity as white (Race and the CJS, 2010). 13th Apr 2017 Criminology Reference this. But, why are certain groups of people systematically overrepresented in the criminal justice system? Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Criminal statistics usually categorise social groups according to religion, race, gender and class. Ethnic minorities are also more likely to receive punitive sentences than white people and are overrepresented in aspects of certain crimes such as robbery, drug offences and -in some areas- firearms offences. In 2010 the rates for indictable offences were higher for white persons at 81% than for ethnic minorities, 74% for black and 77% for Asians (Race and the CJS, 2010). These words were used in this way in the analysis to narrow down and avoid any confusion. Criminology An individual is then most likely to follow the attitudes of their preferred groups just so they could be rewarded in the case of judges for example for promotions and higher pay rolls. Sveinsson (2008). The utilitarian approach may lead to lesser overrepresentation, depending on the view of the usefulness of prisons. To avoid these issues in future triangulation can be used, therefore the strengths of one method could make up for the short comings of the other and vice-versa. Some of these included; taking the responsibility of finding out about what was expected of the research, taking the initiative in identifying any issues and problems, undertaking the recommended reading, producing the written work needed, consulting with tutors about any difficulties that are encountered when undertaking the work, generating ideas, setting realistic deadlines and ensure that the research meets with the required regulations (Babbie, 2010). Over-representation of Maori in the criminal justice system : an exploratory report. Through this an individual’s self-mage and social identity are seen as being more important (Tajfel’s social identity theory). The second part attempts to understand higher risk levels for some groups, by exploring structural factors: different levels of inequality, linked to types of welfare states, embedded ideologies (neoliberalism) and approaches to crime and punishment (retributivist, utilitarian). 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