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In: How do Judges Decide?: The Search for Fairness and Justice in Punishment

Chapter 5: Sentencing Disparity and Discrimination: A Focus on Race and Ethnicity

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Sentencing Disparity and Discrimination: A Focus on Race and Ethnicity
Sentencing disparity and discrimination: A focus on race and ethnicity

Racism goes beyond prejudicial discrimination and bigotry. It arises from outlooks, stereotypes, and fears of which we are vastly unaware. Our historical experience has made racism an integral part of our culture even though society has more recently embraced an ideal that rejects racism as immoral…. Most Americans have grown beyond the evils of overt racial malice, but still have not completely shed the deeply rooted cultural bias that differentiates between “them” and “us.”

—U.S. District Court Judge Clyde S. Cahill {United States v. Clary, 846 F. Supp. 768 [E.D. Mo.])

In 1944, Gunnar Myrdal, a Swedish economist who examined race relations in the United States in the ...

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