Sample Essay on:
Crime Seriousness And Prior Criminal Records Are Not Legally Relevant Variables

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Essay / Research Paper Abstract

3 pages in length. Inasmuch as crime seriousness and prior record are "the most influential factors in determining sentence outcomes" (Blumstein et al, 1983), arguing to the opposite finds one on a precarious perch where legal interpretation is concerned. However, this does not preclude the inherent value of such a stance, being that these two variables quite significantly alter the manner by which a given case is determined. Bibliography lists 4 sources.

Page Count:

3 pages (~225 words per page)

File: LM1_TLCCrmSer.rtf

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precarious perch where legal interpretation is concerned. However, this does not preclude the inherent value of such a stance, being that these two variables quite significantly alter the manner by which a given case is determined. Dismantling the offense type and seriousness means that a given crime can be broken down into subcategories of person, property or drug busts as a means by which to determine punishment. Moreover, the extent to which this particular case will be conducted further partitions the final outcome, with such concerns as plea agreement, plea with no agreement, jury trial and court trial all available for manipulation (Souryal et al, 1997). According to Souryal et al (1997), sentencing is comprised of two separate decisions: Whether to incarcerate and how long to incarcerate; "prior research suggests that the factors that influence each decision are not necessarily synonymous." In short, this places ethnic minorities at a greater disadvantage when crime seriousness and prior record are considered legally relevant variables, ultimately creating a preponderance of racial disparity. Stereotypical, knee-jerk public opinions often accuse black Americans of, for example, being perpetrators in more homicides than white offenders. While statistics back up this claim to some extent, what is not as readily realized is that black Americans also represent the highest number of homicide victims between the two races. In the year 2000, a population of 6.1% white males between the ages of fourteen and twenty-four reflected a homicide victim rate of 10.0% and an offender rate of 17.3%, while a 1.1% black population of the same age group produced 14.8% victims and 27.4% offenders (FBI, 2002). There are a number of variables that comprise the reasons why young, black Americans are more vulnerable to homicide death than any other populations, including alcohol, firearm ...

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