Disproportional Imprisonment of Black and Hispanic Males: Sentencing Discretion, Processing Outcomes, and Policy Structures

Ulmer, Jeffery T.; Painter-Davis, Noah; Tinik, Leigh A.

doi:10.1080/07418825.2014.958186

Cited by 80 publications

(68 citation statements)

References 30 publications

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“…Second, and related, in conducting analyses of sentencing variation, scholars must be mindful of mandatory minimum policies, which are associated with high rates of imprisonment (Kessler & Piehl, ), particularly in the federal system (Rehavi & Starr, ; Ulmer, Painter‐Davis, & Tinik, ). The Minnesota guidelines include mandatory minimums for only a few selected offenses.…”

Section: Data Variables and Analytic Strategymentioning

confidence: 99%

Cumulative impact: Why prison sentences have increased*

King

2018

Criminology

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Why has the probability of going to prison after a felony conviction increased since the early 1980s? Social scientists often try to answer this question through macro‐level research that is aimed at examining correlations between prison admissions and crime rates or sociopolitical characteristics of states. That type of macro‐level inquiry, however, does not allow for a close examination of how characteristics of offenders changed over time, and whether such changes are consequential for understanding trends in the use of imprisonment. In the current study, I take a different approach—one in which case‐level data are observed over a lengthy time span—to investigate why the likelihood of going to prison for a given crime persistently increased for several decades. The results of analyses of more than 350,000 felony cases sentenced in Minnesota during a 33‐year period show that the probability of a defendant receiving a prison sentence increased from 1981 to 2013, as would be expected. The primary reason for the rising probability of imprisonment was the significant increase in the average offender's criminal record, which more than doubled during the observation period.

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Section: Data Variables and Analytic Strategymentioning

confidence: 99%

Cumulative impact: Why prison sentences have increased*

King

2018

Criminology

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“…Data from four jurisdictions indicate that Black offenders obtain higher average criminal history scores than do White offenders (mean d = .24, standard deviation or SD = .05)-with the range of effect sizes (d = .19-.29) suggesting approximately 79-85 percent overlap between groups (see Cohen, 1988). 1 Criminal history reflects not only the differential participation of racial groups in crime (e.g., Black people being involved in crime-particularly violent/serious crime-at a higher rate than Whites) but also the differential selection of given groups by criminal justice officials (e.g., police decisions about arrest and prosecutor decisions about charging) and by sentencing policies (e.g., minimum mandatories; Blumstein, 1993;Frase, 2009;Tonry and Melewski, 2008;Ulmer, Painter-Davis, and Tinik, 2014). The proportion of racial disparities in crime explained by differential participation versus differential selection is hotly debated (see Frase, 2014;McCord, Widom, and Crowell, 2001) and varies as a function of crime type (e.g., violence vs. drug crimes) and stage of justice processing (e.g., arrest vs. incarceration; Blumstein et al, 1983;Piquero, 2015).…”

Section: Risk Factors Associated With Race (Harcourt and Criminal Hismentioning

confidence: 99%

Risk, Race, and Recidivism: Predictive Bias and Disparate Impact*

2016

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One way to unwind mass incarceration without compromising public safety is to use risk assessment instruments in sentencing and corrections. Although these instruments figure prominently in current reforms, critics argue that benefits in crime control will be offset by an adverse effect on racial minorities. Based on a sample of 34,794 federal offenders, we examine the relationships among race, risk assessment [the Post Conviction Risk Assessment (PCRA)], and future arrest. First, application of well‐established principles of psychological science revealed little evidence of test bias for the PCRA—the instrument strongly predicts arrest for both Black and White offenders, and a given score has essentially the same meaning—that is, the same probability of recidivism—across groups. Second, Black offenders obtain higher average PCRA scores than do White offenders (d = .34; 13.5 percent nonoverlap in groups’ scores), so some applications could create disparate impact. Third, most (66 percent) of the racial difference in PCRA scores is attributable to criminal history—which is already embedded in sentencing guidelines. Finally, criminal history is not a proxy for race, but instead it mediates the relationship between race and future arrest. Data are more helpful than rhetoric if the goal is to improve practice at this opportune moment in history.

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“…The majority of the evidence implicates race and ethnicity in the decision to incarcerate (Spohn, 2000;Ulmer, 2012). While research demonstrates that disparities do exist in the criminal justice system, racial and ethnic discrimination depends on certain contexts or circumstances (Walker, Spohn, and DeLone, 2011), and the race effect is often statistically significant but small and highly variable (Mitchell, 2005;Bales & Piquero, 2012;Ulmer, Painter-Davis, & Tinik, 2016). At first glance, it seems it would not matter whether the researcher is trying to explain incarceration or probation when examining the 'in/out' decision.…”

Section: Race/ethnicity and Probation Jail And Prisonmentioning

confidence: 99%

Investigating the Assignment of Probation Conditions: Heterogeneity and the Role of Race and Ethnicity

Kimchi

2018

J Quant Criminol

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The study explores the assignment of probation sentencing packages using a data matching process for 3,031 adult males convicted of a felony in two urban counties. Distinct classes of combinations of probation conditions are identified using latent class analysis, and the influence of race and ethnicity on selection into probation and assignment to these classes is investigated while controlling for other relevant factors. Results indicate legally relevant factors account for much of the racial and ethnic disparity in the initial in/out decision, but not in the assignment of probation conditions. Black probationers are more likely to be assigned to a wider range of combinations of probation conditions, more likely to be assigned to combinations that impose specific restrictions, and more likely to be assigned to classes with longer jail sentences. Findings are discussed as they relate to theoretical perspectives on judicial decision making, discretion in sentencing, and court contexts.

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Disproportional Imprisonment of Black and Hispanic Males: Sentencing Discretion, Processing Outcomes, and Policy Structures

Cited by 80 publications

References 30 publications

Cumulative impact: Why prison sentences have increased*

Cumulative impact: Why prison sentences have increased*

Risk, Race, and Recidivism: Predictive Bias and Disparate Impact*

Investigating the Assignment of Probation Conditions: Heterogeneity and the Role of Race and Ethnicity

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