Racial discrimination in the Maltese criminal justice system : are probation order sentences affected by racial discrimination in the Maltese criminal justice system?

Abstract

This Study investigates if racial discrimination within the Maltese Criminal Justice System exists with regards to Probation Order Sentences. Racial Discrimination is studied with regards to other factors such as; age, gender, nationality, offence and sentencing. Moreover the socio economic background of the offender and the family ties are also taken into consideration. The aim of this research study is neither to promote racial discrimination nor to pass any judgement on anyone who works in the process of the Criminal Justice System but in order to provide for better ideas and infonnation towards the enhancement of the Criminal Justice System. The present research study consisted of studying online Criminal Cases/Sentences from the Courts of Magistrates as a Court of Criminal Judicature. These court sentences were found from the years 2008 till 2011. This four year perspective was taken into account for a balanced research study and results, therefore a sample of 200 randomly chosen cases were studied from all the cases found online. The research study reveals that when the age of the offender was studied, there was no difference between Maltese and foreign nationals. This also occurred when the gender of the offender was being studied since both Maltese and foreign nationals had high percentage rates with regards to males. However, female foreign offender had higher percentage rates than Maltese of being summoned to court. With regards to nationality of the offender it was found African Nationals had the highest percentage rate of persons summoned to court as opposed to other nationalities. In view of these and other findings, the study will provide for suggestions and recommendations for a better development of the system.