Disparity v Discrimination

Disparity

Difference in treatment or outcome that does not necessarily result from intentional bias or prejudice

Discrimination

Differential treatment of individuals based on legally irrelevant criteria

Pure justice

No discrimination occurs at any time or any place

Institutional 

Results from evenhanded application of policies 

Contextual 

Occurs in some contexts or under some circumstances

Individual

Discriminatory decisions made by a few individuals in a system 

Systematic Discrimination

Discrimination at all stages, in all places, at all times.

Race Disparity

Higher arrests rates for Black Americans, Hispanic offenders facing harsher sentences than white counterparts

Gender Disparity

@ Fed level, 80% of males are convicted for drug offenses while women are convicted 60% of the time. Males typically serve much longer sentences compared to women as well.