Cumulative Disadvantage: Examining Racial and Ethnic Disparity in Prosecution and Sentencing

Abstract

Research on criminal case processing typically examines a single outcome from a particular decision-making point, making it difficult to draw reliable conclusions about the impact that factors such as defendants' race or ethnicity exert across successive stages of the justice system. Using a unique dataset from the New York County District Attorney's Office that tracks a large sample of diverse criminal cases, this study assesses racial and ethnic disparity for multiple discretionary points of prosecution and sentencing. Findings demonstrate that the effects of race and ethnicity vary by discretionary point and offense category. Black and Latino defendants were more likely to be detained, to receive a custodial plea offer and to be incarcerated, but they were also more likely to benefit from case dismissals. Blacks and Latinos received especially punitive outcomes for person offenses. The findings for Asian defendants were less consistent but in general suggest they were the least likely to be detained, to receive custodial offers, and to be incarcerated. These findings are discussed in the context of contemporary theoretical perspectives on racial bias and cumulative disadvantage in the justice system.

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis from a Non-Guidelines State

“…While much progress has been made toward these objectives, scholars such as Baumer (2013) and Ulmer (2012) continue to highlight the need for studies that examine not just whether race matters in sentencing, but also how and when race factors into judicial decisionmaking (see also Spohn, 2000). These calls are reinforced by a growing literature that finds racial disparities in certain parts of the criminal justice process but not others (e.g., Blumstein, 1982, Kutateladze et al, 2014Rehavi and Starr, 2014). Moreover, there has been a particular emphasis on the need to examine sentencing practices in a broader variety of contexts-in places other than guidelines jurisdictions like Minnesota, Pennsylvania, Washington, and the federal system, which have dominated the literature (Engen, 2009;Reitz, 2009;Ulmer, 2012).…”

Préjugé dans la détermination des peines accordées aux jeunes doublement insérés dans le système public de protection et de justice

“…Les jeunes Noirs y ont plus de risques d'être arrêtés et placés en détention tout en ayant moins de chances de recevoir des services d'aide psychologique (Lieber et Fox, 2005 ;Rawal, Romansky, Jenuwine et Lyons, 2004). Cette conclusion s'étend aussi aux contrevenants adultes, des études indiquant que des préjudices majeurs visaient spécifiquement les personnes afro-américaines et latino-américaines, sans considération des facteurs juridiques pertinents (Kutateladze, Andiloro, Johnson et Spohn, 2014 ;Mitchell, 2005 ;Spohn, 2000 ;Steffensmeier et al, 1998 ;Zatz, 2000). En contexte canadien, il serait intéressant d'étudier les peines pour les jeunes issus des Premières Nations.…”

The Role of Collective Efficacy in Defendants’ Acceptance of Plea Bargaining: A Perspective on Housing Density

“…The role of extralegal characters in plea bargaining: race, gender, age Studies generally find a relationship between race and the possibility of receiving a plea discount [1,8] further illustrates that defendant's race shapes future interactions and decision-making outcomes. Black defendants are significantly more likely to receive a plea deal in which they plea guilty to the current charges, as opposed to reduced charges [1].…”

“…Plea bargaining and its controversy: A plea bargain is an agreement between a prosecutor and defendant in which the defendant agrees to plea guilty in return for some concession, such as less severe charge, and plea discounts, from the prosecutor [1,2] about 90-95 percent of the federal and state court cases are resolved by the pleabargaining process.…”

“…Proponents points out that the process decreases the prosecutors' work load, avoids expensive and timeconsuming trials, and speeds up the criminal justice system. Moreover, many prosecutors use oral or written plea guidelines to ensure its consistency [1]. One the other hand, opponents criticize plea bargaining process by suggesting that prosecutors are found to coerce defendants to accept guilty pleas when the evidence is insubstantial [6].…”