The measure of comparative disparity determines the extent to which a specific group is underrepresented in a jury pool in comparison to their proportion in the overall population. To calculate this, the percentage of the group’s representation on the venire is subtracted from their percentage in the population, then divided by their percentage representation in the population, and multiplied by 100. For instance, if African-Americans constitute 12% of a county’s population but only 8% of the potential jurors on the venire, the comparative disparity is 33%. This method is utilised to assess allegations of jury bias due to the absence of a jury pool that accurately reflects the jurisdiction’s composition.
Comparative disparity refers to the extent of underrepresentation of a specific group among potential jurors on a venire, in relation to the group’s proportion in the general population. To illustrate, if African-Americans constitute 12% of a county’s population but only make up 8% of the potential jurors on the venire, the absolute disparity for African-Americans is 4%. The comparative disparity, in this case, is 33% since 4 divided by 12 equals 0.33 or 33%. The purpose of calculating disparity is to assess the claim that the jury lacked impartiality due to its selection from a pool of jurors that did not adequately represent the jurisdiction’s demographics. While some courts criticize the comparative-disparity analysis and prefer an absolute-disparity analysis, arguing that the former exaggerates the deviation, comparative disparity remains a means to evaluate the fairness and impartiality of the jury selection process.
Comparative disparity refers to the comparison of different factors or elements in a legal case to determine if there is a significant difference or inequality between them.
In discrimination cases, comparative disparity is used to assess whether there is a significant difference in treatment or opportunities between individuals or groups based on protected characteristics such as race, gender, or age.
Yes, comparative disparity can be used as evidence in a lawsuit to demonstrate unequal treatment or discriminatory practices. It can help establish a prima facie case of discrimination.
Factors commonly compared in assessing comparative disparity include wages, benefits, promotions, job assignments, educational opportunities, and access to resources or services.
Comparative disparity focuses on comparing specific factors or elements, while disparate impact looks at the overall impact of a policy or practice on a protected group, regardless of intent.
Yes, comparative disparity can be used to support a claim of intentional discrimination if it shows a significant difference in treatment that cannot be explained by legitimate factors.
Defendants in discrimination cases may argue that the disparity is due to legitimate factors such as qualifications, experience, or seniority. They may also claim that the comparison is not valid or that the alleged disparity is not significant.
If comparative disparity is found to exist, remedies may include compensatory damages, back pay, promotion or job assignment changes, policy revisions, or affirmative action measures to address the imbalance.
Yes, comparative disparity can be relevant in various areas of law, such as contract disputes, tort claims, or criminal sentencing, where the comparison of different factors is necessary to determine fairness or equity.
An attorney experienced in discrimination or civil rights law can help gather evidence, analyze the comparative disparity, build a strong legal argument, and advocate for the client’s rights in court or during settlement negotiations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/comparative-disparity/
- Modern Language Association (MLA):Comparative Disparity. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/comparative-disparity/.
- Chicago Manual of Style (CMS):Comparative Disparity. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/comparative-disparity/ (accessed: May 09 2024).
- American Psychological Association (APA):Comparative Disparity. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/comparative-disparity/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts