Racism & Sentencing in Florida
Posted on Apr 17th 2017
Prejudicial Sentencing in Florida for People of Color
Many people like to believe that we live in a time where the color of your skin is no longer cause for bias. However, this simply isn’t the truth in the state of Florida when it comes to the justice system. This is overly apparent when viewing the sentencing disparities amongst defendants who are black and white. The evidence conclusively shows that people of color face discrimination within the courtroom, be it explicit or implicit, when it comes to sentencing. These numbers don’t lie — black defendants have been receiving longer sentences than whites for the same crimes committed. At Stout Defense, P.A., Gainesville criminal defense attorney, Adam Stout, is dedicated to protecting your rights in the courtroom for fair and equal treatment in the Florida justice system.
Florida Point System
For the last 30 years, lawmakers have been trying to establish a system for equitable sentencing when it comes to the same crimes. As of now, the Florida justice system works under a system of points. Depending on the severity of the crime, the defendant’s prior record, and other similar factors, points are awarded and calculated to determine criminal punishments. The idea behind this point system is to ensure the same ranges in punishment across the state for criminals no matter their race, gender or wealth. However, despite the system’s guidelines it has not been effective at stopping discrimination.
Racism in the Courts
A study conducted by the Herald-Tribune spent a year reviewing records in two state databases to determine the discrepancies between black and white sentencing. One of the databases was compiled by the state's court clerks to track criminal cases through every stage of the justice system and the other by the Florida Department of Corrections to note points scored by felons at sentencing. The newspaper also built a database of Florida's criminal judges to compare their sentencing patterns and interviewed more than 100 legal experts, advocates and criminal defendants across the state.
The study found that there is no consistency between judicial sentences across the state and when defendants score the same points for criminal punishments, blacks are given harsher and longer sentences despite the point system indicating that they should receive equal punishments. The results reveal that in Manatee County, judges sentence whites convicted of felony drug possession to an average of five months in jail while blacks with the same charges and records receive more than a year. Judges in Okaloosa County sentence whites to nearly five months for battery while blacks on average face up to almost a year. In Flagler County, judges sentence blacks convicted of armed robbery nearly triple as long as that of whites. Here are some examples of cases where defendants with identical charges and criminal records receive much different sentences despite having equal points, with blacks receiving the longer sentences:
- In 2008, Allen Christopher Peters armed with a gun robbed a gas station, taking $500 and another $140 worth of merchandise. In 2012, Jaquavias Sturgis robbed a convenience store armed with a gun and took $300 and the clerk’s jewelry and wallet. Both Peters and Sturgis have three crimes on their juvenile records that were not taken into account. Both of them were convicted of armed robbery with a deadly weapon in the same county. Both of them signed plea deals to avoid trial, both of them were 17 years old at the time of their offenses and both of them scored the same points. However, Peters, the white teenager, was sentenced to probation without incarceration by Judge Simpson who took over the case from Judge Volz. Judge Volz later sentenced Sturgis, the black teenager, to four years in prison.
- In 2005, 21-year-old Timothy Blount was charged with selling cocaine, pleaded guilty and scored 28 points. In 2009, 22-year-old Zachary Jamison, a black man, was also charged with selling cocaine, pleaded guilty and scored 28 points. Both men were charged in Nassau County and stood in front of Judge Foster. This judge sentenced Blount to drug rehab and three years of probation, while Jamison was sentenced to state prison for 13 months.
- In Citrus County, 42-year-old Leroy Waters was convicted of driving with a suspended license for the third time, a third degree felony, and received 4.5 points. In the same County, Paul Penninger, a 48-year-old man, was also charged with a third offense of driving with a suspended license. Both men went before Judge Howard, Leroy Waters, a black man, received 89 days in county jail. Paul Penninger, a white man, was given a year probation.
What Can a Gainesville Criminal Defense Lawyer Do?
The examples above are just some of many cases where the same charges and points receive vastly different sentences simply because of the color of the defendant’s skin. Simply put, there should be zero toleration for such discrepancies in the courtroom. A criminal defense attorney can help protect your rights and your future by ensuring fair sentencing or help you appeal an unfair sentence. Contact Stout Defense, P.A., today for a criminal lawyer in Gainesville, FL, to help you fight for justice and fairness.