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Racial Profiling

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durations than whites. The New York Times analysis found that the disparities were the<br />

greatest for violations where the prison guards had lots of discretion, such as<br />

disobeying orders, but smaller for violations that required physical evidence, such as<br />

possessing contraband.<br />

A 2016 report by the Sarasota Herald-Tribune found that Florida judges sentence black<br />

defendants to far longer prison sentences than whites with the same background. For<br />

the same drug possession crimes, blacks were sentenced to double the time of whites.<br />

Blacks were given longer sentences in 60 percent of felony cases, 68 percent of the<br />

most serious first-degree crimes, 45 percent of burglary cases and 30 percent of battery<br />

cases. For third-degree felonies (the least serious types of felonies in Florida), white<br />

judges sentenced blacks to twenty percent more time than whites, whereas black<br />

judges gave more balanced sentences. One judge responded by noting that about<br />

ninety-eight percent of sentences are the result of plea bargaining and that sentencing<br />

is a complicated issue given the various facts involved, thus no two cases can be<br />

compared. Some attorneys note that poorer defendants often rely on public defenders<br />

who often receive less favorable plea offers than defendants with private counsel<br />

because private attorneys have lighter case loads, are less likely to go to trial with<br />

prosecutors, and defendants with means are more likely to present mitigating factors.<br />

Another theory proposes that racial inequality in the American criminal justice system is<br />

mostly caused by a racial imbalance in decisions to charge criminal defendants with<br />

crimes requiring a mandatory minimum prison sentence, leading to large racial<br />

disparities in incarceration.<br />

In a 2008 self-published paper Paul Heaton from the RAND Corporation and Charles<br />

Loeffler wrote, that some scholars and studies have argued that police discrimination is<br />

not an important explanation for racial differences in crime, others state that it is the<br />

main cause and some argue that both discrimination and different real crime rates<br />

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