Esping-Anderson (1990) The Three Worlds of Welfare Capitalism. Increasing Aboriginal over-representation in Victoria’s criminal justice institutions has the potential, in the absence of more appropriate responses, to further perpetuate social and economic exclusion, and compound losses of … We're here to answer any questions you have about our services. The research question that will be investigated will then be: Does racial discrimination exist in the sentencing stages of the Criminal Justice System? It shows that there are far too many variables to accurately study this process and come out with valid and representative results, either way some important variables are left out or irrelevant ones included. Indigenous people are overrepresented in Canada's criminal justice system as both victims and as people accused or convicted of crime. Over-representation of Maori in the criminal justice system : an exploratory report. Since the growth of ethnic minorities in Britain with its peak in the 1990’s the interest in their progress has increased. Judges received the worst evaluation in comparison to police officers, magistrates and prison officers. Esping-Anderson, drawing on Polanyi’s work, explains the emergence of contemporary welfare state. The Review’s findings are presented in four subsections – police, courts (including the Coroner’s Court), corrections and juvenile justice. The method used closed-ended questionnaires. Registered Data Controller No: Z1821391. To explore the public opinions on the role of race in the sentencing processes of the Criminal Justice System a questionnaire was distributed to a small sample. Similarly the late and former Prime Minister Margaret Thatcher noted the importance of the incorporation of public opinions in the sentencing debate (Hough, 1998). McMaster, J. In Nordic Countries, the educational and reinsertion in society approach, both socially and economically, leads to lesser incarceration rates (and the social democratic welfare state will reduce risk). Cunneen, C. (2006), ‘Racism, Discrimination and the Over-Representation of Indigenous People in the Criminal Justice System: Some Conceptual and Explanatory Issues’, Current Issues in Criminal Justice… 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. 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. More policing is not needed, but provision of good public services, infrastructures and opportunities (inclusionary dynamics). 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. Company Registration No: 4964706. 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 … All work is written to order. Participation was voluntary, this meant that informed consent was obtained and so participants understood the research and its intentions, and they were not being deceived in any way. Not only were ethnic minorities the victims of these attacks but they were also first to be arrested and sentenced for the same attacks (Gabbidon, 2010). Ethnic minority will be used in relation to the different national or cultural traditions that a group has in comparison to the other population (spalek, 2008) in this case being whites, and the ethnic minorities will include blacks and Asians and those who classify themselves as other. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.co.uk. The overrepresentation of ethnic minorities in crime and justice can be seen in early history, for example through the work of Frederick McClintock’s “crimes of violence” (1963), which studies violent crimes and finds that the conviction rate of black people increases by 13% in a span of 10 years (McClintock,1963). 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). Sveinsson (2008) addresses the importance of narrative analysis and discourse analysis. However there is a minority who will offend and once involved in the system have an increased risk of lifelong involvement. Hood wanted to find out the race effect of sentencing and to do so he looked at 2,884 defendants who appeared in different Crown Courts in the West Midlands. Key points were identified that were used in the construction of the questions (see appendix 1 for questionnaire guide) these included available sentencing options for ethnic minorities, imprisonment for different types of offences, sentence leniency and sentencing length. Over-representation of Maori in the criminal justice system : an exploratory report. The methodological issues resulted mainly from the prediction scale used and its accuracy of only 75 per cent and their ‘risk of custody score’ which could only include relevant factors and in so doing leaving out important factors such as unemployment (Hood, 1992). It will also look at the nature and extent of the variation in sentencing -if any at all- what might cause the variation and any available solution strategies. It was seen in the British crime survey 2010-11 that the risk of being a victim of crime was higher for all ethnic minorities than white groups (Race and the CJS, 2010). Volunteer sampling was used, a type of non-probability sampling, through this the volunteers self-selected themselves into the questionnaire (Bryman, 2008). This paper attempts to shed … These factors could all play a part: areas and environment in which they grew up in, social and material deprivation, boundaries up the employment ladder and inadequate socialisation, just to name a few (Mathews, 2009). Copyright © 2003 - 2021 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. 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. Disabling Justice - Why the system fails people with disability and mental illness. Over-representation of Maori in the criminal justice system Resources Comorbid substance use disorders and mental health disorders among New Zealand prisoners Questions about the equality of minority treatment by police, courts and other personnel in the justice system have prompted state policymakers to address this important issue. Hood’s findings were unsurprising in relation to previous research; he found that the racial difference in sentencing was less than what might have been assumed. US, UK). 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 class). Through the literature reviewed it is clear that race does influence the role of the sentencing decision making in the Criminal Justice System though not as large as anticipated. Multiculturalism in Britain is thus portrayed as culture clash. This helps to ensure justice as well as confidence of ethnic minorities in the legal system. Sentencing will include all types of convictions, ranging from custodial/prison sentences to community service. Residential segregation shows that poorer groups tend to be concentrated in areas where the access to public services is worse : schools, infrastructures etc. The least popular options included compensation (18 per cent), conditional charge (15 per cent) and electronic tagging (20 per cent) (see appendix 8). What was being explored was clear and this resulted in a better understanding of the questions and the questionnaires were then completed at a faster rate (see appendix 2 for questionnaire). Policemen are not immune to these racist preconceptions, leading to over-targeting, and the lesser value of the ethnic minority person’s side of the story. This shows that the more judges were seen as being out of touch with society, the more they were seen as doing a poor job, therefore, giving lenient sentences to ethnic minorities. 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. Enter your email address to subscribe to the LSEUPR blog and receive notifications of new posts by email. Inequality is a strong explanatory factor of over-incarceration : school failure, peer influence, living in poor areas, drug use and joblessness (Webster, 2007). 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. A strategy to address this overrepresentation of ethnic minorities in sentencing is needed to bring together departments and find ways to reduce it. Jeff Brantingham, anthropology professor at the University of California Los Angeles, displays a, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), We use cookies on this site to understand how you use our content, and to give you the best browsing experience. A Tale of Two Englands : “Race” and Violent Crime in the Press. Those being researched were approached and informed about the topic of the questionnaire and were prompted to participate (volunteer sampling) this potentially included participants with a variation in gender and age who were interested in and had an opinion about the role of race in the sentencing process of the Criminal Justice System. Piketty (2013) Capital in The Twenty-First Century. • Although Māori are 13% of the New Zealand population, in 2006 they accounted for 43% of all police apprehensions. This was seen as the better choice at the time of research as these questionnaires would help to get responses from large quantities at a time with no interviewer effects (Seale, 2004). However, inequality is the result of higher structural factors. Trends & issues in crime and criminal justice; The over-representation of indigenous people in custody in Australia The over-representation of indigenous ... Offenders, Statistics, Courts, Corrections, Trends, Criminal justice system, Comparisons, Victims. This article provides an analysis of various explanations of the over-represenation of Indigenous people 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. This means if most of the distribution of cases had been from Dudley Crown Court and not Birmingham Crown Court the results would have been more racially biased (Hood, 1992). 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 … Overrepresented because higher risk factors – structural mechanisms. Criminal statistics show that people of muslim religion, black race, of male gender and of lower class are overrepresented in the criminal justice system and prison populations in particular. Research into this issue may show little bias in race and sentencing, but it is argued that if previous offences and the seriousness of the case are considered, ethnic minorities are most likely to get a harsher sentence (Blumstein, 1982). 3.20Figure 3.3 below shows that the imprisonment rate for Aboriginal and Torres Strait Islander people has increased 41% over 10 years, from 1,438 per 100,000 in 2006 to 2,039 per 100,000 persons in 2016. Research into race and sentencing like those referenced above and others alike bring up concerns about some of the questions left unanswered about the topic. To accept cookies, click continue. One thing they do share, however, is a high rate of poverty” (The Atlantic, 1998). By doubting the work that the judiciary does the public also doubts that the judges know what they are doing and whether or not they understand the world in which they work. The respondents were then asked about their opinions about the leniency of the sentences that ethnic minorities received for certain crimes (robbery, drug offences and crime offences). Māori Over-representation in the Criminal Justice System overall, and this was particularly marked for Māori (an increase of 40%). The largest share of ethnic minorities was those who classified themselves as black or Indian (Gabbidon, 2010). 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). The sentencing process is one of the important stages of the Criminal Justice System, not only is an important decision to be made but this is also how justice is seen as being done (Ashworth, 1983). There are only a few national data sources that provide criminal justice statistics disaggregated by Indigenous identity. 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. In 2009 Black people made up 2.7% of the population aged 10 and above but represented 8.0% of those arrested in England and wales, while Asians made up of 5.6% of the population aged 10 and above and represented 5.6% of those arrested in England and wales (Race and the CJS, 2010). “Just deserts” justify “fair” punishments proportionate to the seriousness of the crime. To be able to find out whether sentencing is affected by race and if discrimination does exist it would have to be evident that when all relevant legal variables are taken into account, a higher number of ethnic minorities are given a custodial sentence and/or a longer sentence (Marian, 1991). Hartney, C. (2006) US Rates of Incarceration : A Global Perspective. The questionnaire was used to collect direct information relating to the opinions of the public about the behaviour of certain people; it also looked at the basic opinions of a group of individuals in relation to the issue in question. Reference this. One of the main key findings was the public’s dissatisfaction with the court system, it was also significant that those who stressed the poor quality of the execution of work with Criminal Justice professionals also stressed that sentences were too lenient and they were not severe enough, also high estimates of ethnic minority imprisonment were made in relation to specific crimes. In recent years, the Queensland Police Service (QPS) and Queensland courts have sought to rely on a range of 'diversionary' practices such as youth justice conferencing and cautioning as a response to the alarmingly high rates of over- representation of Indigenous youth in Queensland's criminal justice system. http://uk.businessinsider.com/predictive-policing-discriminatory-police-crime-2016-10?r=US&IR=T, http://www.theatlantic.com/magazine/archive/1998/12/the-prison-industrial-complex/304669/, http://fusion.net/story/334373/nyc-marijuana-arrests-bratton/. 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). The participants were approached in Coventry town centre and were asked to complete a questionnaire. Essay competition 2018 third place: What are the effects of the rise of China on the present world order? Some authors have argued that the primary cause of over-representation is widespread criminality among Indigenous peoples, rather than what is sometimes termed 'systemic bias' in the criminal justice system. Through this an individual’s self-mage and social identity are seen as being more important (Tajfel’s social identity theory). Furthermore, neoliberal laissez-faire economics in the US, suggest the market naturally redistributes wealth fairly. Sveinsson (2008). The main focus has been on how the race of an individual can increase or decrease their sentence. 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. Robbery had the highest estimates of individuals ending up in prison (45 out every 50), drug offences were not far off with estimates of 43 of every 50 and drug offences falling behind but not far off with estimates of 40 out of every 50 (see appendix 9). Prejudice is hard to remove showing the difficulty in combating the negative opinions of the public. 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). This sampling method was also beneficial as it reveals important aspects and opinions of the population being sampled. However, statistics show that ethnic minorities are overrepresented at all stages of the Criminal Justice System. 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. These results were inter-linked, those who estimated high numbers robbery did so too for the remaining categories and those who put slightly lower numbers for robbery also did so for the remaining two categories. The first question on the questionnaire asks respondents about their opinion on the type of job that some criminal justice professional do. It is, therefore, important to consider the races of the judges themselves, which in England and Wales are predominantly white. The estimates about imprisonment also seemed to be related to the leniency of the sentences the offenders received. It talks about the importance of a positive self-image to the individual, and how they feel their social identity is enhanced by categorising people into groups, in and out cast groups. VAT Registration No: 842417633. Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Colour. Considering crime punishable for the simple fact it’s a crime (retributivist approach), leads to the natural incarceration and overrepresentation of higher risk groups (criminalisation expansion in the US). During the research the researcher was expected to perform certain duties in order to fulfil their role. 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). This ensured that those who volunteered to complete the questionnaire had a strong interest in the topic. 13th Apr 2017 Criminology Reference this. Section 6: Findings on Over-Representation in the Criminal Justice System 353 in Victoria. 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). Spacial inequality (e.g. By culture, one usually associates it to ideas of diversity, identity and ethnicity. Due to the nature of the topic the respondents were given the option to take the questionnaire home and complete it in private. It seems almost unjust to answer such a research question without assessing public opinion on the sentencing process and its relation to race as it can be assumed that their opinions are important even though not directly (Hough, 1998). 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. The utilitarian approach may lead to lesser overrepresentation, depending on the view of the usefulness of prisons. Predictive policing predicts crime to occur in a particular place, and therefore the police’s resources are concentrated towards arresting crime perpetrators in these areas. But, why are certain groups of people systematically overrepresented in the criminal justice system? 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. Free resources to assist you with your university studies! So the public, though being ignorant and having no idea about sentencing might still have negative opinions due to the simple fact that this is the view of their preferred group. As ethnic minorities they are more likely to be stopped and searched by police, this leads to a greater probability of arrests and in turn may influence the way their cases are dealt with as they progress through the subsequent stages of the criminal justice process. Blaming gun culture on black communities attempts to use culture to explain violent acts (crime as cultural). There was limited knowledge of non-custodial sentences. It is an error to consider the human being as naturally inclined to committing criminal offences – a racist or sexist approach because the is no scientific evidence that men, or black ethnic minorities are naturally criminals. It is, therefore, evident that it is difficult to draw conclusions that race is the main explanation for the higher and harsher sentence rates of ethnic minorities as there are too many variables affecting the same decision. Overrepresentation in criminal justice systems, computer generated “predictive policing,”, Globalisation and State Sovereignty: A Mixed Bag, Copyright © 2015 London School of Economics. One also ought to look at the definition of crime catered by the elite which act as cultural hegemons (Gramsci). For example Birmingham Crown Court, which had the largest percentage of the whole sample, the chance of a black offender to be given a custodial sentence was one in three; while in Dudley Crown Court the chance was one in two. Through this, it was concluded after the analysis of 15 questionnaires that most of the respondents had little or no knowledge of alternative types of sentencing and that this had major consequences when it came to the accuracy of their opinions about the role of race on sentencing decisions. From early history its evident that race plays some sort of role in the sentencing of ethnic minorities. 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. The level of inequality is a strong determinant of risk : social and economic exclusion. For example, in 2014, a significantly higher proportion of Indigenous people than non-Indigenous people in Canada (aged 15+) reported being victimized in … BAME youth continue to be disproportionately targeted by police’s wide-ranging stop and search powers. Over a period of 5 years the risk of being a victim of crime from the white group had significantly fallen by 8.0% while the decrease in the risk of being a victim of crime from ethnic groups was not statistically significant. 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