Ms Khadijah Manasseh

Research project: Towards an Understanding of Race and Sentencing

Abstract

This research project probed into the complex interplay between racial identity and sentencing disparities within the criminal justice framework. The study rigorously examined the role of race as a pivotal factor influencing judicial decision-making, highlighting a critical issue in modern legal procedures. Employing a holistic research methodology, the study involved an extensive evaluation of sentencing across various jurisdictions, complemented by qualitative investigations, investigating narratives and analysis of case studies. This bifurcated approach offered a comprehensive perspective on the interrelation of race and jurisprudence.

The principal findings of this research indicated a marked trend where racial identity exerts a disproportionate impact on sentencing outcomes. Analysis of thirty case studies revealed significant discrepancies in the severity of sentences imposed on individuals of different racial backgrounds, even when the nature of offences was comparable.[1] These variances are observable not only in sentence duration but also in the probability of punitive actions, such as incarceration versus alternative sanctions.[2] Additionally, the research delved into the causative mechanisms fostering these disparities. It critically examined the influence of implicit biases, socio-economic variables, and systemic impediments within the legal structure that perpetuate these inequalities.[3] The research further assessed the repercussions of such disparities on communities, perpetuating cycles of distrust and societal exclusion.

The examination of the influence of white supremacy on sentencing practices is essential for comprehending systemic racial injustices within the criminal justice system. White supremacy, as an ideological construct, posits the dominance of white individuals over those of other races, frequently leading to institutionalised discrimination and unequal treatment.[4] When such an ideology infiltrates the criminal justice system, it can profoundly impact sentencing decisions.

Historically, the criminal justice system in various countries, particularly in the United Kingdom and its colonies, has been shaped by white supremacist ideologies. This influence is apparent in the disproportionate sentencing of racial minorities, especially Black individuals.[5] This disparity is not solely a consequence of individual biases but is embedded in systemic issues, including discriminatory laws, prejudiced judicial practices, and socio-economic disparities.

The research culminated in a discourse on reformative strategies. It championed a multifaceted approach involving judicial education to address implicit biases, policy amendments for equitable sentencing norms, and community outreach initiatives to restore confidence in the legal system. These propositions aimed to remediate the manifestations of racial disparities in sentencing and confront their foundational causes, thereby advancing towards a more just and fair legal infrastructure. This investigation offered substantial contributions to the dialogue on racial justice in criminal sentencing, providing essential insights for scholars, practitioners, and policy formulators in jurisprudence, criminology, and criminal justice.

This research identified the need for further future research due to a critical gap in the current understanding of the effects of sentencing disparities, specifically emphasising the need to explore their repercussions on the immediate family structures within the Black community. Gwyneth Boswell and Peter Wedge's work, 'Imprisoned Fathers and Their Children', highlights the profound implications of over-incarceration, which exacerbates the issue of absent fathers in the community, leading to a cycle of familial disintegration and societal disengagement.[6] Additionally, Todd R. Clear's 'Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse' provides an insightful analysis into how over-incarceration detrimentally impacts Black communities, not just at an individual level but also at a communal one, further entrenching these communities in a cycle of poverty and disadvantage.[7]

Furthermore, Joy DeGruy's concept of ‘Post Traumatic Slave Syndrome' introduces a crucial dimension to this discussion, proposing that the extended generational trauma experienced by Black communities is compounded by contemporary practices of mass incarceration.[8] This body of work collectively underscores the urgent need for future research that delves into the multifaceted impacts of sentencing disparities, particularly in terms of how they contribute to the perpetuation of systemic inequalities, disrupt family dynamics, and exacerbate historical traumas within the Black community. Such research is vital for informing more equitable legal and social policies that address the root causes of these disparities and their extensive, cascading effects on individuals, families, and communities at large.