Disparity and Discrimination Essay Marlon Neal CJA/344 Major Williams June 4, 2012 University of Phoenix Disparity and Discrimination Disparity is closely related to inequality while in the same instance discrimination is defined in our society as a form of prejudice. The purpose of the essay is to compare these two terms, and how each one relates to our criminal justice system, today. Examples of each term in regards to our criminal justice system will be provided. In regards to our criminal justice system, the term disparity relates to differences, but does not always directly relate to discrimination. The term discrimination on the other hand, in regards to our criminal justice system; relates to treating individuals different because of their race and choice of religion, regardless of their qualifications and or behavior.
Another word for this is "blind justice" which means not blind to the facts but blind to the wealth, color, religion etc. of the accused. In most circumstances, the Judge or Jury is bound to find the accused innocent unless he is convinced "Beyond a Reasonable Doubt" of the guilt of the accused In most inquisitorial systems, a criminal defendant does not have to answer questions about the crime itself but may be required to answer all other questions at trial. Many of these other questions concern the defendant's history and would be considered irrelevant and inadmissible in an adversarial system. A criminal defendant in an inquisitorial system is the first to testify.
When a person is labelled as negatively, society tends to view them only as that label, and this master label often becomes internalised, and thus a self-fulfilling prophecy occurs. The person accepts their label as a criminal or deviant, and this then leads to further crime as the person attempts to live up to their label. This is similar to Cicourel’s approach to labelling. He argues that police officer’s decisions to arrest are influenced by their stereotypes about offenders. This leads to a class bias because the working class is more likely to fit the criminal stereotype; resulting in more arrests and so the strengthens the prejudice, meaning that other agents of social control within the criminal justice system also reinforce this bias.
The role of causation in the actus reus of a crime is fundamental in establishing criminal liability but it is not without it’s problems. Discuss the accuracy of this statement. The first issue to address when considering the accuracy if this statement is why the role of causation in the actus reus of a crime is fundamental in establishing criminal liability. According to current law where a consequence must be proved, the prosecution must show that the defendant’s conduct was the factual cause of that consequence, it was the legal cause of that consequence and that there was no intervening act which broke the chain of causation. Without evidence of each of these three principles criminal liability cannot be established.
The Elements of Crime For the prosecution to obtain a conviction, they must prove the existence of all elements of a crime to the requisite criminal standard of proof, beyond a reasonable doubt. To prove a criminal charge, the prosecution must show that there is a link between the act and the crime. Categories of crime include offenses against the person, offenses against the sovereign, economic offenses (property/white collar/computer), drug offenses, driving offenses, public order offenses, and preliminary crimes (attempts and conspiracy). “For a criminal offense to have occurred, the accused must have committed both elements of the crime.” (Orthmann, Hess, 2013) The two elements are actus reus which refers to the actions (or in rare cases the failure to act/the omission) of the accused; that is that the accused actually did the act, mens rea which refers to the mental state of the accused; i.e. that the accused intended the actions.
For instance where A without reasonable cause inficted bodily injury to B' Leading to parmanent disfigurement, this would result into A' being held criminal liable under the Penal Code and may also be liable in Tourts in case the victim decided to claim for compasation. Perpetration of torts and breaches of contract is worthy examining because of their close resemblance. 1. In tort the duty arises from the law. ~ In contract the duty arises from the agreement of the parties.
Language barriers and the availability of court interpreters intrude into the process of justice and prevent essential communication and understanding. This ultimately negates some of the basic strengths and values of the criminal justice system. In order for all individuals to be afforded equal justice and for courts to achieve their mission by making equal justice accessible to all. The court systems must develop viable systems to provide competent interpretation services those who are impaired/disabled, limited and non-English Speakers. All states and the federal government have laws establishing victims’ rights.
The role of a teacher is to create a warm and safe environment for their students. The reason why the first years of school are so critical is because kids learn the basics they will need for their educational future. Teachers must love their career in order for their students to be comfortable. Teachers are the second mothers and fathers for the students because students spend a lot of time with them. The same way, mothers are not born being great mothers, teachers are not great teachers in a day, but as their experiences with their kids expand, they become experts on the field.
According to Webster’s Dictionary (2011) disparity is defined as the lack of similarity or equality and the state of being different or dissimilar. There are many factors having disparity towards others within the criminal justice system that can include a person’s criminal history such as a drug dealer or sex offender and even a person’s social class. In criminal justice disparity means that there is a difference, but that that difference does not automatically mean discrimination (Walker, 2010). Disparity can affect any individual due to their sex, ethnic group, religion, and even their position in the workplace. A person could state that disparity is used because they differ from other individuals.
Disparity and Discrimination Disparity and Discrimination The criminal justice system appears to be pretty straight forward. Someone commits a crime, an investigation results in finding the offender, arresting the offender, convicting the offender, and sentencing the offender. The offender completes his or her sentence and the process repeats itself when another crime is committed. However, the criminal justice system is not as straight forward as it may appear. There are several issues that the system faces and must address.