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Essay / Essay on Criminal Sentencing - 3091
An Exploration of Variations in Criminal SentencingIt is a recognized fact that variations exist in the criminal justice system. Part of this difference is due to a natural discrepancy in the seriousness of the charges against a defendant; Obviously, those facing more serious or numerous charges could also face a longer or harsher criminal sentence. However, when criminal charges remain constant, there is a pattern of variation that cannot be explained simply by a difference in severity or quantity. Extralegal factors, defined as variables that are not intended to impact the sentencing decision, include race and ethnicity, gender, and age, and research has consistently demonstrated that these factors play a role in criminal proceedings. Specifically, these extralegal factors may influence pretrial detention, the type of punishment defendants receive (e.g., probation or prison time), and may even contribute to biased use of the death penalty. Evidence has also been presented which suggests, through various compilations of data, that these extralegal factors are not equivalent either. The American justice system, although supposedly founded on principles of fairness and equality, does not treat its defendants as equally as we would like to believe. Extralegal factors, such as race and ethnicity, gender, and age, were certainly found. to influence the way defendants are treated. Perhaps more unexpectedly, factors such as the perceived attractiveness of the accused or victim, stereotypy (i.e., physical characteristics more closely resembling the stereotypical characteristics of a racial demographic ) and jurors' cognitive processing styles or working memory load may also have a significant effect. .... middle of paper ...... person sentenced to criminal conviction. However, there are still gaps in judicial research that make it difficult to paint a clear picture of what affects bias in the courtroom. Statistically, women receive lighter sentences, but is this affected by their lawyer, the evidence against them or their criminal record, all legal factors considered by judges and juries? The research remains incomplete. A criminal should not be convicted simply because of their race, gender, age, or any other psychological variable that may interact with their personal characteristics. The fact that we even see discrepancies in death penalty cases is alarming, and steps should be taken to alleviate bias. What action to take, however, depends largely on the consistency of research findings, and until a complete picture is available, policy suggestions are likely to be ineffective...