Trial consultants conduct research related to jury profiling. They must be able to investigate statistics, build profiles of potential jurors, and report accurate data to a trial team who selects the jurors for a case. In this assessment, you research statistics and write an investigative report that explains the impact of policies and procedures on those of diverse backgrounds and makes evidence-based recommendations to a trial team who is looking to reduce disparities based on gender, race, and ethnicity in the trial process.
Preparation
Research at least 2 scholarly sources, other than the textbook, that provide statistical demographic information for sentencing and corrections. Use the websites of your local or federal agencies to find the most recent data.
Assignment Deliverable
Using local or federal statistics on sentencing and corrections, write a 700- to 1,050-MS word (no PDF, Links or posts in the content box) investigative report as if you were a trial consultant investigating policies and procedures and their impact on those of diverse backgrounds. Your report should explain current data regarding disparities in sentencing based on gender, race, and ethnicity, and make recommendations to the trial team about reducing these disparities in the trial process.
Include the following information, with supportive examples from your research, in your report:
- Describe the gender, racial, and ethnic group demographic information for the following in your area:
- Criminal sentences handed down in court
- Corrections institutions (both prisons and jails)
- Probation and parole populations
- Explain the gender, racial, and ethnic disparities found in sentencing. Address whether there is disparity in who receives probation versus incarceration.
- Describe how biases might affect courtroom proceedings, such as a bail/bond proceeding, pretrial proceeding, first appearance, and legal representation (e.g., having a private lawyer instead of a public defender).
- Propose at least 1 recommendation for how to address gender disparities and at least 1 recommendation for how to address the racial and ethnic disparities in the areas discussed.
Cite at least 2 scholarly sources, other than the textbook, in your report. Format your citations according to APA guidelines.
Disparity Investigative Report
Student Name
University of Phoenix
CJA/336 Diversity in Criminal Justice
Formal Date
Professor John Hullar MPA
( 1 )
Disparity Investigative Report
The Investigation of Data and Demographics in the State of (name)
Gender, Racial and Ethnic Disparities in Sentencing
Effects of Biases in Courtroom Proceedings
Recommendations to Address Disparities
References
Walker, S., Spohn, C., & DeLone, M. (2018). The Color of Justice (6th ed.). Cengage Learning.
,
1
Disparity Investigative Report
Student Name
University of Phoenix
CJA/336 Diversity in Criminal Justice
Formal Date
Professor John Hullar MPA
2
Disparity Investigative Report
This is an investigative report on the disparities found in sentencings and the
Department of Corrections for the state of Michigan. Michigan has one of the highest
incarceration rates in the country and gender, race, and ethnicity has a significant role in these
numbers. The information and statistical data provided will be used to help generate changes in
policies and procedures to help reduce disparities in the trial process.
The Investigation of Data and Demographics in the State of Michigan
As of 2021, the total criminal court dispositions for all offenses in Michigan were 31,401.
5,552 of those convicted were sentenced to prison, 6,559 were sentenced to jail, 13,457 were
sentenced to a combination of jail and probation, and 5,530 were sentenced to probation, with
303 persons categorized as “other.” The total male prison commitments were 4,725 with 2,786
being white males and 1,939 being non-white males. Female prisoner commitments totaled 395
with 293 of those being white, and 102 being non-white females. The number of parolees who
were supervised in 2021 was 9,368 and the number of probationers under supervision
consisted of 30,976 (House Fiscal Agency, 2022). Statistics from 2017 also show that while African
Americans make up 15% of the population in Michigan, they make up 37% of the jail population and
53% of the prison population. Studies have shown that since 1980, the number of women who are
incarcerated in jail has increased 362% and the population of women in prison has increased 239%.
Interestingly enough, the number of men in jail has decreased by 26% since 2008, while the
numbers continue to rise for women. Women now make up about 1 in every 4 jail admissions in the
state of Michigan (Vera Institute of Justice, 2019). Probation and parole populations in Michigan
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show, 1 in 44 adults are on Probation and 1 in 432 adults are on parole. Males consist of 1 in 35,
females are 1 in 124, whites are 1 in 81, and blacks are 1 in 23 when it comes to nationwide
community supervision rates (Horowitz & Utada, 2018).
Gender, Racial and Ethnic Disparities in Sentencing
Disparities in sentencings have shown through research and statistics that the incarceration
rates for African Americans and Hispanic communities, in the United States, are much higher than
for the white population. When it comes to men, African Americans are sentenced and then
incarcerated at the rate of 6.5 times higher than white males, and Hispanics are incarcerated 2.6
times higher than white males. Even though women are incarcerated at lower rates than men,
similar disparities are shown with women of color versus women that are white. 333 in 100,000
black women and 142 in 100,000 Hispanic women are incarcerated compared to 91 in 100,000
women who are white (Walker et al., p. 447, 2018). In the state of Michigan, more than half of the
prison population is black and have been shown to serve longer prison sentences than those who
are white; African Americans also have a higher rate of being involved in the criminal justice system.
Effects of Biases in Courtroom Proceedings
As for addressing disparity in who receives probation versus incarceration, blacks continue
to be sentenced to jail or prison than probation versus whites who are sentenced to probation
more. African Americans continue to show higher probation, incarceration, and revocation of
probation rates than whites despite their population being lower than whites. Studies show that
incarceration disproportionately effects men and African Americans, especially those who have a
lower education, which shows that men and African Americans are more likely to be sentenced to
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jail or prison than those who are white (Petit & Gutierrez, 2018). In Michigan, 1 in 44 adults are on
Probation and 1 in 432 adults are on parole. Males consist of 1 in 35, females are 1 in 124, whites
are 1 in 81, and blacks are 1 in 23 when it comes to nationwide community supervision rates
(Horowitz & Utada, 2018).
In looking at prison, jail, sentencings, probation, and parole disparity statistics, the next
questions to investigate are how biases might affect the courtroom proceedings, since this directly
affects those who are being incarcerated or who are under community supervision. Bias can greatly
impact a defendant when it comes to bail because if the judge displays bias of any kind, they may
assign the bail much higher than what the defendant is knowingly able to afford or deny bail
altogether (depending on the crime). If a person of color is denied bail or is unable to make bail, it
can then have an affect on the pretrial proceeding since statistics show a higher rate of conviction or
harsher sentences being imposed for those who remain in jail prior to pretrial. People of color, who
are poor, and underprivileged, typically cannot afford a private retained attorney therefore, a court-
appointed attorney or public defender is given to them. The problem with this is, these types of
attorneys are oftentimes overworked, have intense caseloads, sometimes are inexperienced, and
defendants can feel like they’re just another appointed client, which can impact the entire
courtroom proceeding from bail to pretrial, motions, to plea or trial, and then sentencing. Data
continues to show that appointed attorneys or public defenders benefit whites more than those
defendants of color and unfortunately, has more negative outcomes for those of color (Walker et
al., pp. 321-322, 2018).
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Recommendations to Address Disparities
To further reduce gender disparities within sentencing, corrections, and
probation/parole, we need to implicate strategic practices to further protect the rights of
women and rewrite policies to improve gender equality. The incarceration rates of women
continue to grow so to combat these statistics, implementing diversion programs within the
courts for women as well as additional resources for women while under supervision can help
reduce the rates of recidivism.
In addition, recommendations to reduce racial and ethnic bias, aside from additional
training in bias would be revising sentencing guidelines to ensure equality within sentencing
terms, increased accountability in the courts, offering additional diversion programs for drug-
related charges and non-violent crimes, and implementing alternatives to incarceration. When
it comes to trial procedures, increased screening for jurors and additional information
educating jurors on bias is also essential in reducing disparity. I believe these
recommendations can help improve the trial process and help further reduce racial disparities
within our criminal justice system.
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References
Horowitz, J., & Utada, C. (2018, December 6). Community Supervision Marked by Racial and Gender
Disparities. Pew Charitable Trust. https://www.pewtrusts.org/en/research-and-
analysis/articles/2018/12/06/community-supervision-marked-by-racial-and-gender-
disparities
House Fiscal Agency. (2022, December 27). Corrections Data
Information. https://www.house.mi.gov/hfa/CorrectionsData.asp
Petit, B., & Gutierrez, C. (2018). Mass Incarceration and Racial Inequality. National Library of
Medicine, 1153-
1182. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9540942/
Vera Institute of Justice. (2019, December). Incarceration Trends in
Michigan. https://www.vera.org/downloads/pdfdownloads/state-incarceration-trends-
michigan.pdf
Walker, S., Spohn, C., & DeLone, M. (2018). The Color of Justice (6th ed.). Cengage Learning.