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Transcript

Discussion Questions

Key Terms

  • “three strikes and you're out”: laws that require judges to adhere to mandatory minimum and sentencing guidelines for a third criminal offense.

Video

  • Does the three strike law target minorities?

  • Is this law causing more problems than it is solving?

  • Should this law be kept?

Three strikes and your out: after 20 years is the law working?

Three strikes:

When is disparity discrimination?

  • Three ways to determine when disparity is discrimination.
  • First- compare similar cases.
  • Second-no study can measure all factors.
  • Third- “statistical studies may also try to cover up discrimination.
  • Statistical studies are rarely useful.
  • 1993-1995 twenty four states and the federal government adopted some form of this law.
  • Three major problems with this law.
  • First- “laws lead to draconian results”
  • Second- can be over inclusive even if the result is to keep repeat offenders from harming society.
  • Third- “increases cost of administering the criminal justice system”.
  • Contributed to major growth in prison population.
  • 1980 to 1994 national prison population grew 195.6%
  • Black defendants have challenged the powder/crack disparity but every federal challenge has failed.
  • In 1992 the U.S. Public Health Service estimated that 76% of illicit drug users were white, 14% black, and 8% Hispanic
  • Blacks make up 35% of all drug arrests, 55% of drug convictions, and 74% of sentences for drug convictions

Race and Criminal Justice

  • Crack cocaine vs. powder cocaine sentencing guidelines
  • 90% of crack cocaine defendants are black
  • 65% of crack cocaine users are white.
  • 1992
  • 92.6% of those convicted for crimes involving crack cocaine were black, and only 4.7% were white.
  • Powder cocaine: 42.5% white, 20.7% black.
  • Someone selling 5 grams of crack cocaine can receive the same sentence of someone selling 500 grams of powder cocaine.
  • 1988 Minnesota
  • 96.6% charged for possession of crack cocaine were black.
  • 80% charges for possession of powder cocaine were white.

Summary

No Equal Justice:

The Color of Punishment

Sarah Bomber

Caitlin Baar

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