What is the difference between sentencing disparities and sentencing discrimination?
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What is the difference between sentencing disparities and sentencing discrimination?
Allegations of lawlessness in sentencing reflect concerns about both disparity and discrimination. Although these terms are sometimes used interchangeably, Page 3 they do not mean the same thing. Disparity is a difference in treatment or out- come that does not necessarily result from intentional bias or prejudice.
Does race affect sentencing?
Interaction of race/ethnicity and type of crime Latinos and blacks tend to be sentenced more harshly than whites for lower-level crimes such as drug crimes and property crimes; However, Latinos and blacks convicted of high-level drug offenses also tend to be more harshly sentenced than similarly-situated whites.
What is illegitimate disparity?
Illegitimate or unwarranted racial disparity results from differential treatment by the criminal justice system of similarly situated people based on race. In some instances this may involve overt racial bias, and in others it may reflect the influence of factors that are only indirectly associated with race.
How does race/ethnicity affect the plea bargain decisions?
Racial disparities in plea-bargaining outcomes are greater in cases involving misdemeanors and low-level felonies. In cases involving se- vere felonies, black and white defendants achieve similar outcomes.
What factors must you and your client consider when deciding whether to accept the plea bargain?
Plea bargaining requires that you waive your right to a trial, your right against self-incrimination and your right to confront the witnesses against you. If you decide to accept a plea bargain, it must be entered into voluntarily, of your own free will.
What does plea bargain mean?
Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors.
What is a 1203.4 dismissal?
A 1203.4 / 1203.4a dismissal withdraws a previous verdict or plea of guilt or nolo contedere. The court then dismisses the charges against the person, and the person “shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she was convicted.”
What does expunged mean in California?
California criminal expungement is a process that petitions the Court to review a conviction and allows a defendant to withdraw their plea or finding of guilt; a new “Not Guilty” plea is entered by the Court, and the case is ordered dismissed, and the conviction set aside.
Can you expunge a DUI in California?
Clearing the California DUI conviction requires a petition in court, or it will stay on your record indefinitely. Once the DUI has been expunged, a prospective employer can not hold the DUI against you in hiring or promotion considerations. Expungement does not remove the DUI from your DMV record, however.
How long does DUI stay on record in CA?
10 years
How long does it take to expunge a DUI in California?
6-12 weeks
How much does it cost to expunge a DUI in California?
Misdemeanor Expungements (including DUI) $650.00. Felony Expungements (including reduction to misdemeanor) $850.00. Infraction Expungements $595.00.
What does VC 23152 b mean?
California Vehicle Code Section 23152(b) VC: Driving With A Blood Alcohol Content Of 0.08 Percent Or Higher.
How much does it cost to get a DUI expunged in Texas?
Can expunge a pre-trial intervention. Cast can be from $500 plus court costs to $2,500. plus court costs.
