Law - Criminal Wk 4 Summative Assignment : Investigation Report

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

3

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

4

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).

5

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.

6

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.