Response to students discussion post
Response to students discussion post Prosecutors are concerned with punishment that does not fit the seriousness of the crime, or the dangerousness of the offender. However, this is associated a prosecutor’s preconception. They generally view female drug offenders as less blameworthy and dangerous, than male drug offenders. Caucasian
offenders are viewed as less culpable and dangerous compared to African American and Hispanic offenders. When measuring conformity they review: employment, citizenship status, education, and family situation, with these connections offenders are seen as less threatening. They also review the offender’s role in the crime (Belenko & Spohn, 2014). According to Harvard Law, there are inconsistent findings when it comes to prosecutorial discretion. Some studies show that cases where the victim was white were more likely to be prosecuted. White defendants are also more likely to receive a low bail, a charge reduction and a shorter sentence.[unique_solution] African American defendants were found to receive a recommendation to have bail denied, which affected the case outcome. African Americans were also found to have plea deals containing more incarceration time; compared to a white defendant in a similar situation. Despite all the findings, the inconsistency is attributed to the fact that a prior arrest record remains most important when making charging decisions (Graham, 2016 ). Until we address these biases in district attorney offices around the country and in law schools; which are the institutions that train these prosecutors, we will continue to see these biases (Graham, 2016 ). We will continue to see studies like that conducted in 1992. The
study indicated more than 100 women in 24 states were charged with abusing an unborn child, by means of illegal drug use, which is acceptable. However, the issue was the majority of the prosecutions involved poor minority women (Belenko & Spohn, 2014). No one truly benefits in the end. A particular group may benefit at the time, but
it is prosecutorial biases like these that create tension in our country. Works Cited: Belenko, S. R., & Spohn, C. (2014). Drugs, Crime and The Justice System. Graham, E. ( 2016 , February 8). Harvard Law School. Retrieved from Racial Bias and Prosecutorial Discretion:
https://orgs.law.harvard.edu/acs/2016/02/08/racial-bias-and-prosecutorial-discretion/