Race and Misdemeanor Sentencing

Abstract

This research examines the validity of an integrative theoretical approach that consists of the "liberation hypothesis" and the "focal concerns" perspective to assess the extent racial discrimination is likely to occur in misdemeanor decision making involving less serious cases. We examined decisions involving the prioritizing of cases, the granting of a continuance, conviction, and incarceration in a large county court in a southeastern state. The results fail to provide support for the belief that the likelihood of race effects is increased in cases involving less severity. Race, however, is found to influence misdemeanor decision making directly and indirectly and in interaction with a number of independent variables. The implications of the findings for future research and policy are discussed.A consistent theme in the criminal justice sentencing literature has been concern over the extent that race rather than legal factors predict justice case outcomes. Research indicates that the seriousness of the offense and the defendant's prior criminal record are often most important in explaining a defendant's sentence (

Driving racial profiling research forward: Learning lessons from sentencing research

“…Studies have generally concluded that Hispanic defendants received harsher sentences than either Caucasian or Black defendants (Demuth & Steffensmeier, 2004;Steffensmeier & Demuth, 2001), were less likely to receive departures (Hartley, Maddan, & Spohn, 2007), and received smaller sentence reductions in downward departures (Steffensmeier & Demuth, 2000, see also Albonetti, 1997). Other research reported that minority status is a more important factor in serious cases than non-serious cases (Leiber & Blowers, 2003). Finally, the importance of the type of case (guideline versus mandatory minimum), the type of drug (crack versus powder cocaine) (Hartley et al, 2007), and the district in which the case was sentenced (Hartley, 2008;Johnson, Ulmer, & Kramer, 2008;Spohn, 2005) were all factors affecting sentencing decisions for minorities.…”

Sentencing Outcomes of Convicted Child Sex Offenders

“…However, variables from all three characteristic types (victim, offender, and offense) remained in the analysis, showing that sending a convicted offender to prison and the length of the prison sentence is a complex process where information on a variety of characteristics are taken into account. It is encouraging to note that neither offender nor victim ethnicity was related to sentencing of convicted child sex offenders; while ethnicity might play a role earlier in the criminal justice process (Leiber & Blowers, 2003), in the cases analyzed it did not appear to play a part postconviction. However, it should be noted that the population of this state is very homogeneous (White), with the only large minority group being Hispanic.…”

Racial Disparities in Juvenile Court Outcomes: A Test of the Liberation Hypothesis

“…Spohn and Cederblom (1991) examined the sentences imposed on defendants convicted of felonies and found that the defendant's race had a direct effect on the incarceration decision in less serious cases only. Leiber and Blowers (2003) explored the extent to which racial discrimination was likely to occur in misdemeanor cases involving less serious cases. They found that race influenced misdemeanor decision making both directly and indirectly.…”