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Sentencing Decisions of Black and White Judges: Expected and Unexpected Similarities

NCJ Number
130053
Journal
Law and Society Review Volume: 24 Issue: 5 Dated: (1990) Pages: 1197-1216
Author(s)
C Spohn
Date Published
1990
Length
20 pages
Annotation
Using data on defendants charged with violent felonies, the sentencing decisions of black and white judges in Detroit are compared.
Abstract
There have been suggestions that increasing the proportion of black judges might result in more equitable treatment of black and white defendants. This sample includes all defendants who were originally charged with at least 1 of 11 violent felonies during 1976, 1977, and 1978 in Detroit. The data includes detailed information on the characteristics of defendants and the processing of their cases. Sentencing decisions were examined for systematic differences in the treatment of offenders charged with violent felonies; remarkable similarities were found. Although black judges were generally less likely than white judges to impose prison sentences, the disparity was quite small. Even when probed for more subtle and indirect effects, it was found that judicial race had little predictive power and was clearly overshadowed by the seriousness of the crime committed by the offender. These findings are consistent with the results of other studies comparing black and white decisionmakers. 4 tables, 12 notes, and 39 references (Author abstract modified)

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