QUESTION 4: DISPARITY AND DISCRIMINATION 3
Question4: Disparity and Discrimination
Disparityin law is a treatment that varies between people, but does not resultfrom prejudice. It is an aspect or a phenomenon that is different andoccurs in a varied perspective without the subjectivity of people(Walker et al, 2011). For instance, a fact that there are very fewpeople convicted of criminal acts at the age above 60 years is anelement of disparity and not discrimination. Similarly, thedifference between the average ages of all convicted criminals acrossall the states in the U.S is an element of disparity and notdiscrimination.
Onthe other hand, discrimination is a treatment of people differentlyby observing a certain criteria. It is treating people differentlybased on parameters like age, race, social class or religiousorientation (Walker et al, 2011). For example, arresting only theoffenders who are under the age of 60 years from a group of criminalswho were committing the same crime is an aspect of discrimination andnot disparity. At the same time, convicting people of one race andacquitting others in a criminal case, yet the group committed thesame crime together is an act of discrimination and not disparity.
Whilediscrimination involves subjective treatment based on personaljudgments, disparity reveals the existence of a phenomenon withdiverse facts. This means that disparity is just an outcome of eventswhile discrimination is an outcome of targeted treatment. Accordingto Harret al (2012), it is unlawful to discriminate people based on variousforms of criteria or parameters. Someof the forms of unlawful discrimination are racial discrimination,age discrimination, gender discrimination and religiousdiscrimination among other forms. On the other hand, disparity doesnot indicate an outcome of an unlawful act, but facts within thesociety.
Harr,J. S., Hess, M. H., & Orthmann, C. H. (2012).Constitutionallaw and the criminal justice system (5thed.).Belmont,CA: Wadsworth
Walker,S., Spohn, M., & DeLone, M. (2011). TheColor of Justice: Race, Ethnicity, and Crime in America.Stamford: Cengage Learning