What is your response to this The difference between disparity and discrimination is their initiating factors. Disparity is inconsitiencies in sentening, focusing primarily on the decision making process. Discrimination is illegitimate influenes on the sentencing process, focusing on the defendents' attributes. It is difficult to determine if discrimination exists in sentencing becasue it can be covert and abstract; there is no for sure way to tell why someone decided on a certain decision in sentencing