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Troublesome disparity in state sentence for same crimes

By Douglas A. Berman

This local story from Indiana, headlined "Parents cry foul about sentences: White co-defendant gets no prison time, biracial one gets 8 years," reports on a worrisome example of sentencing disparity. Here are the basics:A wide gap in the punishments of two 19-year-olds who pleaded guilty to the same crime under similar circumstances has, in the minds of some residents, brought the specter of racial discrimination into a St. Joseph County courtroom. David Opfer and Justin Brooks both pleaded guilty to one count of arson in connection with a fire at Park Jefferson Apartments in April 2007 that caused minimal damage but endangered the lives of residents there. Neither of them had a criminal background.  On Wednesday, a judge placed Opfer, who is white, on probation, while a different judge had sentenced Brooks, who is biracial, to serve eight years in prison...continue to full post

Full post as published by Sentencing Law and Policy on May 18, 2008 (boomark / email).