Disparity and Discrimination

Disparity and Discrimination

There is a huge difference between disparity and discrimination. Dictionary.com (n.d.) defines them in the following way:

Disparity- lack of similarity or equality; inequality; difference

Discrimination- treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit

In the criminal justice system, these words somehow become intertwined in one another and at times making it virtually impossible to distinguish one from the other. In other areas of the law, the definitions are explicit.

There are two major counterparts regarding disparity and five different definitions of discrimination.

Comparison

According to Mathis (2007), approximately 60% of the prisoners in the United States are racial and ethnic minorities. He believes the imbalance is due to failed social policies and economic and racial oppression. Mathis claims the U.S. government makes it difficult for persons of color the find good employment, buy affordable housing, and get a good education causing some to turn to drugs and alcohol and criminal activity.

Persons committing the same crime, having the same record, are considered disparity even if both persons are the same color, gender, ethnic group, etc.

Discrimination occurs when persons in the same scenario receive extremely different sentences due to issues such as race, disability, or gender.

Many believe the above statistics are due to discrimination of minorities in the criminal justice system. When citizens see a majority of minorities arrested for crimes the natural conclusion is the statistics must be correct.

Contrast

There are two distinctions of disparity in the criminal justice system, legal and extralegal factors. Legal factors include information such as the severity of the crime and the offenders’ prior criminal record. Most criminal justice officials...