The Differential Sentencing between Majorities and Minorities

Abstract

The people's belief the judiciary system of a country is vital for it to progress. A country that does not recognize and treat its minorities fairly is setting itself up for failure. Studies have shown that the United States is doing just that.

This paper aims to explain what a minority is and how it is being treated in the legal system. The paper will begin by explaining the concept of a minority and present examples of other nations. After that, The United Nation's role in the protection of minorities will be discussed. The study also discusses testimonies taken from public hearings in the state of Nebraska, the views of the media and possible recommendations to solve the issue at hand.

Contents

Abstract2

Introduction4

Thesis4

What is a Minority?5

ICCPR6

Testimonies7

Differential Sentencing for Minorities7

Inadequacy of Legal Services7

Interpreter Services8

Minorities and Law Highlighted in the Media8

Analysis9

Recommendations10

Summary10

Conclusion11

References12

The Differential Sentencing between Majorities and Minorities

Introduction

The belief of the people in their legal system is crucial to the how the country functions. It directly affects the way individuals perceive themselves in society. This affects how affective they are at following the law, filing legal suits, serving as jurors and reporting crimes. According to Criminology & penology abstracts (1986), “From many perspectives, public perceptions of the criminal courts are critical to the maintenance and operation of the judicial system.”

In early 1999, approximately two thousand American citizens were asked to submit their opinions about the legal system. The survey showed that about 23% of people trusted the system a great deal. Another 52% had average trust in the system. With respect to independence, accountability, equality justice and fairness, a higher percentage of the people appeared to be dissatisfied with the current system in place. An outstanding 68% of African Americans felt they were treated a lot worse as compared to whites. Even more amazing was the fact that approximately 45% of whites agreed with this perception. In summary, the survey revealed that almost half of the people surveyed felt that the legal system was biased racially (Molina, 2010). It was unfair in handing out sentences and justice rarely prevailed.

Thesis

“Differential sentencing exists between the majorities and the minorities of the United States, rendering legal proceedings unjust and biased.”

What is a Minority?

A minority is defined as a part of a sociological category with respect to a specific demographic. The term minority specifically refers to a category that is treated differently, usually unjustly, by a social majority. The so called majority is said to be that which holds positions of social and political authority. By literal definition, a majority outnumbers the rest the people in a said population. The two are differentiated on characteristics. These factors can be ethnic, racial, gender, economic standing, religion or even sexual orientation (Liviatan, 2011).

In the political stipulations of most countries, a minority is recognized by the law and is entitled to special laws. They might have positions available to them, via quota, in government, educational facilities and law enforcement ...