NCJ Number
68907
Journal
Sociological Quarterly Volume: 21 Issue: 2 Dated: (SPRING 1980) Pages: 197-206
Date Published
1980
Length
10 pages
Annotation
THE POSSIBILITY OF RACE DIFFERENCES IN CRIMINAL COURT SENTENCING OUTCOMES WAS INVESTIGATED TO RESOLVE QUESTIONS ABOUT PREVIOUS STUDY FINDINGS ALLEGEDLY FLAWED BY METHODOLOGICAL DEFICIENCIES.
Abstract
DATA WERE COLLECTED FROM PRESENTENCE INVESTIGATION REPORTS OF ADJUDICATED CASES FILED IN ONE SIX-COUNTY JUDICIAL DISTRICT IN FLORIDA OVER A 12-MONTH PERIOD FROM JUNE 1, 1972 THROUGH MAY 31, 1973. A SAMPLE OF 229 CASES, REPRESENTING NEARLY 90 PERCENT OF THE TOTAL NUMBER OF CASES RECEIVING A PRESENTENCE REPORT DURING THE 12-MONTH PERIOD, WAS DRAWN PREDOMINANTLY FROM AN URBAN COUNTY. A LOGIT ANALYSIS WAS CONDUCTED ON THE DATA FOR THE EFFECTS OF THE FOLLOWING VARIABLES: AGE, RACE, SEX, EMPLOYMENT, MARITAL STATUS, EDUCATION, NUMBER OF ARRESTS, NUMBER OF CONVICTIONS, AND THE DEGREE OF SENTENCE SEVERITY. RESULTS SHOWED THAT RACE HAS A MODERATELY STRONG EFFECT ON SENTENCING; THE ODDS RATIO (NUMBER RECEIVING PROBATION DIVIDED BY THE NUMBER INCARCERATED) FOR WHITES IS A PREDICTED 2.3 TIMES THAT OF BLACKS. IN TERMS OF PROBABILITIES AT THE OVERALL MEAN, IF 73 PERCENT OF WHITES WITH A CERTAIN SET OF CHARACTERISTICS RECEIVE PROBATION, THE MODEL PREDICTS THAT ABOUT 55 PERCENT OF BLACKS WITH THOSE CHARACTERISTICS WOULD RECEIVE PROBATION. AGE, EMPLOYMENT STATUS, AND NUMBER OF ADULT ARRESTS ALSO HAVE A SIGNIFICANT IMPACT ON SENTENCE OUTCOME. HOWEVER, THE EFFECT OF RACE IS REDUCED BY THE INCLUSION OF COURT RECOMMENDATIONS IN THE FINAL DISPOSITION OF A CASE. THUS, SOME OF THE EFFECTS OF RACE APPARENTLY RESULTS FROM THE SENTENCING DECISION PROCESS. A SOCIAL INFLUENCE INTERPRETATION OF THE DATA SUGGESTS THAT RACE DIFFERENCES ORIGINATE IN EARLY STAGES OF THE SENTENCING PROCESS AND ARE ONLY CONFIRMED IN LATER STAGES. ALSO, OTHER UNMEASURED VARIABLES MAY ACCOUNT FOR THE RACE DIFFERENCES IN SENTENCING. OVERALL, FINDINGS ARE INCONSISTENT WITH CONCLUSIONS THAT THE EFFECTS OF RACE ON COURT DISPOSITIONS ARE EXPLAINED BY A LACK OF METHODOLOGICAL RIGOR IN PREVIOUS STUDIES. THE POTENTIAL FOR DISCRIMINATION IN CRIMINAL COURTS EXISTS, AND RECOMMENDATIONS BY COURT OFFICIALS TO ELIMINATE RACE BIAS IN SENTENCING SHOULD BE EXAMINED. DATA TABLES AND 32 REFERENCES ARE PROVIDED.