Reference no: EM133843811 , Length: Words Count:700
Assignment:
Essay 1:
Remember for these tips for your essays:
• Divide your response into separate and well-organized and grammatically correct paragraphs
• Use and boldface at least 5 terms from the vocabulary page as graded in the rubric; remember to define your vocabulary terms before you apply it to your analysis; if you have any trouble using the bold function in Canvas, then list the words at the end of your essay.
• Cite to your class materials to bolster and anchor your points - any/all substance must be cited to our class materials (textbook, PowerPoint, article or video), the use of outside materials will result in a reduction in points.
• Uncited work will not be graded.
• Use examples from your materials (you may also use examples beyond our material (for examples only), just remember to cite them.
• Wordcount: While essays for a class on this level are often expected to be 500 to 700 words, I will accept all essays that are at least 150 words for this essay.
There is a suggested (optional outline) below to assist with organization and framework.
In this class we have studied the evolution of the criminal justice system worldwide. We've studied the major systems from which the U.S. Criminal Justice System was derived. You learned about the absence of due process, the evolution of due process, the trials by ordeal, and torture, to modern concepts like 5th Amendment due process and fair trials.
Yet, between 1987 and 2010 we struggled with the due process of the 100:1 sentencing disparity between crack and powder cocaine. This disparity was established by the Federal Sentencing Guidelines.
The 100:1 sentencing disparity between crack and powder cocaine disproportionately impacted communities plagued by economically challenging policies. Since crack cocaine was cheaper and more accessible than cocaine powder, crack abuse was more prevalent in urban areas with lower-income populations. This problem primarily affected Latino and Black communities. In contrast, powder cocaine, which is more expensive, is commonly used in wealthier, suburban and predominately White communities.
Yet, the same crime was at the heart of the matter. The actus reus and mens rea is exactly the same. Both are Schedule II narcotic controlled substances. Furthermore, crack cocaine is a derivative of powder cocaine; for example, just 1 ounce of cocaine powder can be converted into roughly 10 times that amount in crack, thus making it more potent and, in some ways, more dangerous. While not 1:1, this law is now down to 18 (crack):1 (cocaine powder).
This disparity in sentencing, with the harsher penalties for crack cocaine, led, and continues lead to racial and economic inequalities in incarceration, affecting these communities disproportionately.
Essay Prompts:
Explain how the 100:1 sentencing disparity violated criminal due process (5th Amendment), and why is it important to continue reviewing policies like this against the historical roots of our criminal justice system?
Can you think of other policies or practices, like the 100:1 disparity, that contribute to similar disparities and should be closely examined to improve fairness and efficiency in the system? Explain.