The criminal justice system serves to prevent criminal acts, identify and apprehend those who commit criminal acts when prevention has failed, and ensure justice to all parties involved through fair court processes that result in adjudication. Schmalleger sums all this up in a theme of maintaining public order while protecting individual rights of all citizensto include the accused and guilty. The system is deemed a consensus model in which each facet of the system functions with the understanding that the others strive to attain the same goal as it. That goal is ultimately the deterrence and prevention of crime through the effectiveness of the system. A key element to the effectiveness of this system in those scenarios where criminal acts have occurred is criminal sentencing. Modern Sentencing practices are said to both rehabilitate offenders and deter offenses by others, while also ensuring that all parties are treated equally and fairly to the end of justice. Over time, though, it has become apparent that sentencing does not always give the appearance of fairness and equity. Disparities in sentencing practices and outcomes have been noted amongst various socioeconomic classes, genders, and races.
Disparities, while noted across the same lines as those seen in discriminatory acts, are not always the result of discrimination. In this essay, you are to address the differences between disparity in outcome and overt discriminatory practices. In turn, you will need to address how disparities might arise out of means other than discrimination. Then you must discuss the various sentencing structures used in the United States (mandatory, determinate, indeterminate, and presumptive) as well as the various political, cultural, and policy-based impetuses for these. You will also need to address any disparities in sentencing practices and outcomes that may come from each of these structures and why they may be inherent in that structure. Finally, you must address how these structures may or may not ensure fairness and equity in justice despite noted disparities.
Take note that this is not an essay of emotion or agenda. This is an opportunity to academically and critically evaluate a criminal justice process. You must logically, competently, and validly justify your assertions using sources other than your own perception, media and social media, and the course text. In this assignment you must answer four questions.
What is the difference between disparities and overt discrimination?
How do disparities in justice treatment arise and occur?
What are the various sentencing structures employed in United States sentencing practices?
How might these structures inherently lend to disparities by means other than discrimination?
How do each of these structures lend to or not lend to, fairness and equity in justice?
This essay must be at least two pages in length but there is no maximum length. The essay must be typed in accordance with standards outlined in the course syllabus, to include all APA formatting guidelines. You should have at least three academic sources.
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