Criminology

There has-been a long debate on the topic of racial justice or discrimination by the arm of justice. For Many years, the justice arm of government has been predominantly manned by one race which has been therefore involved in the decision making. The situation is quite different today. The court system is today portraying a more diversified team in its leadership, but there are still more outcry from different groups. Race still plays an important role in the criminal justice course and outcome. The issues ranges from traffic harassment by police officers to a more inhumane act of framing individuals in death penalty cases based on the racial identities. Sentencing is one area where race plays a vital role (Kasal, 2005).

The issue has come under much scrutiny because under the law, all persons should enjoy same treatment irrespective of their race. Although the situation unlike  five decades ago when blacks and white Americans were being treated differently by those entrusted with enforcing the law, there are different factors today that work in tandem to determine the course and outcome of a case.

Studies have been conducted to get the seriousness and frequency in which race determines the outcome of sentences as well as under what factors it flourish. In the general outcome of these studies, it has been found that in most death penalty cases, a person would most likely get a death sentence if heshe is black when the death victim is white. Another outcome of these studies showed that minority defendants, in this case blacks or Latinos, would mostly like get a death penalty (Spohn, 2000).

In this studies, it is worthy to note that they have been primarily dealing with the processes and outcomes of sentences while forgetting other vital factors that are far more important in the justice system. The nature and the type enforcement received by offenders, the frequency of application of parole to different races or groups as well as the frequency of resentencing. These factors would provide a more elaborate picture of the justice system and the racially motivated sentencing.

It is therefore important to discuss these different situations in order to establish how race motivate sentences. In his publication of the sentencing project, Kusal (2005) reviewed research literature of the past 20 years on racial discrimination in sentencing. He compiled his finding in 6 issue areas. One of the issue areas he said involves direct racial biasness. According to his study, direct discrimination is more evidenced at the federal courts as compared to the state courts. The blacks would be likely discriminated in their sentence duration especially at the federal level. The Latinos on the other hand would be disadvantaged when it comes to the decision of incarceration at the federal level. Both minorities would most likely be discriminated against at the state level when it comes to incarceration or otherwise.

Under the issue area two, he looked at the interaction of race with other offenders characteristics. His key findings showed that young blacks together with Latino males would attract a more severe penalty than white males with the same offence. The severity of the sentence would be great where one is an unemployed black male as compared to the white unemployed male facing the same trial (Kusal, 2005).

It has been found that whites would get a reduction in sentence as compared to blacks and Latinos when they are considered to provide assistance in the prosecution process. The study also shows that whites with worst criminal past records would attract a lesser sentence comparable to their black and Latino counterparts. As Spohn (2000) explains, another factor that contributes to the disparity in sentences among races is the fact most whites are likely to employ the services of a private attorney. This would be rare in cases involving blacks and Latinos who subsequently would get severe penalties. Sometime, the blacks are put in jail awaiting trials. In the end, they serve more time in jail as when they serve their sentences.

There has been a sharp contrast in the sentences meted out when the race of the offender and that of the victim comes into contact. According to Payne (1997), the black offenders whose victims are whites would get harsher sentences than blacks who harm other blacks. Whites victimizing fellow whites would attract even lesser sentences.

Studies have shown that there is a correlation between the racial discrimination in sentencing and the nature of the crime committed. While blacks and Latinos would be severely punished for low-level felony like stealing of properties, whites would receive lesser sentences (Spohn, 2000). The story is the same when the crime is high-level. The whites would receive a lighter penalty as compared to their blacks and Latino counterparts.

Studies that have analyzed the disparity that exist in capital punishment in the U.S. have shown that one is likely to die if heshe is black or Latino while the victim is white. Evidence also shows that minorities are likely to face death penalty in the hands of the federal governments as opposed to the white defendants (Payne, 1997).

Conclusion
There is need to eliminate the racial disparity in the dispensation of justice. This would ensure that there is justice for all including the offenders. It would also treat each other equal as is promised in the law.