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Is there evidence of differential sentencing?

Code:
RED53
Key Area:
Policing - Law Enforcement - Justice
Strand(s):
Racism, Discrimination
12/01/2012 - 18:58
Short Answer

Yes, in some respects.

Qualitative Info

Ordinary prison sentences are applied to foreigners with short provisional stay in Denmark in pretty crime cases such as theft, whereas suspended sentences are applied in identical cases if the offender is a Danish citizen or a long term resident. This criminal court practice has been confirmed by judge Peter Garde in an article in the Weekly Law Review, UfR 2008 B, p. 76 (Peter Garde: Russerposer og udenlandske spiritusbilister).

See also Peter Garde in NfK 2007, pp. 461 et seq., Equality and inequality in sentencing (Lighed og ulighed i strafudmålingen): "While a recent report indicates that concious discrimination can probably be excluded, such perpetrators are, nevertheless, in some cases sentenced more severely, i.a. because they very seldom plead guilty and thus lose the limited benefit normally caused by the accused's co-operation during the trial".

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