Inequality in the Types of Sentences Received by Native Americans and Whites

Abstract

A comparison of the distribution of the types of sentences imposed on native American offenders and &ite offenders by the district courts o f a western state reveals that the native American offenders were more likely to receive sentences involving incarceration in the state prison and were less likely to receive sentences which would have allowed them pariiallj to esmpe stigmatization as a "convicted felon. '' I;he introduction of a number of test factors revealed that these ethnic differences in rhe sentence received could only slightly be exphined by ethnic differences in the kinds of offenses involved or in other differences in the legnl and personal backgmund characteristics of the offenders. A number of possible explanations of the discrepancies in the sentencing of native Americans and whites are suggested. However, regardless of the best explanation of these discrepancies, there are reasons to believe that these discrepancies in themselves may have mntributed to an increased probabiliw that the native American offenders would enguge in future criminal activity and that these offenders would continue to receive harsher sentences than would similnr nhite offenders. Abstract 0 INEQUALtTY IN THE TYPES

Sentencing Native Americans in US Federal Courts: An Examination of Disparity

“…Alvarez & Bachman, 1996;Bynum & Patternoster, 1984;Feimer, Pommersheim, & Wise, 1990;Hall & Simkus, 1975;Hutton, Pommersheim, & Feimer, 1989;Muñoz & McMorris, 2002;Pommersheim & Wise, 1989;Wilmot & DeLone, 2010). For example, in an early study by Hall and Simkus (1975), it was demonstrated that in a population of probationers, Native Americans were less likely than white offenders to have received a deferred sentence as opposed to a suspended or partially suspended sentence. In a smaller subsample of offenders who received either probation or incarceration, the researchers found that Native Americans were more likely to receive a sentence of incarceration, though it should be noted that the method of analysis was unable to account for the simultaneous effects of important control variables.…”

Misdemeanor sentencing decisions: The cost of being native American

“…This internalization of crime culpability for Native Americans and externalization of crime culpability for European Americans may suggest the potential for biased criminal justice decision-making favoring European Americans over Native Americans. Criminal sentencing research focusing on Native Americans provides mixed support for this contention (Lester, 1999;Alvarez and Bachman, 1996;Bachman et al, 1996;Green, 1991;Feimer et al, 1990;Bonta, 1989;Pommersheim and Wise, 1989;Bynum and Paternoster, 1984;Bynum, 1981;Hall and Sikmus, 1975;Swift and Bickel, 1974). Late 1960s and early 1970s district court data indicated a higher likelihood for Native Americans in contrast to Whites for receiving sentences of prison incarceration rather than fines, deferred, and=or suspended sentences (Hall and Sikmus, 1975).…”

“…Criminal sentencing research focusing on Native Americans provides mixed support for this contention (Lester, 1999;Alvarez and Bachman, 1996;Bachman et al, 1996;Green, 1991;Feimer et al, 1990;Bonta, 1989;Pommersheim and Wise, 1989;Bynum and Paternoster, 1984;Bynum, 1981;Hall and Sikmus, 1975;Swift and Bickel, 1974). Late 1960s and early 1970s district court data indicated a higher likelihood for Native Americans in contrast to Whites for receiving sentences of prison incarceration rather than fines, deferred, and=or suspended sentences (Hall and Sikmus, 1975). In contrast, early 1980s South Dakota data found no evidence of discrimination in lengths of prison sentences between Whites and Native Americans when strict controls for prior record, offense type, judge, and county of sentencing were introduced (Pommersheim and Wise, 1989).…”

“…Labeling (Lemert, 1967), conflict (Quinney, 1973), and power threat (Blalock, 1967) hypotheses have been combined to explain the observed differential treatment of Native Americans in the criminal justice system. Away from tribal lands, Native Americans are relatively powerless to fend off negative criminal stereotypes that handicap their credibility with law enforcement officials, prosecuting attorneys, probation officers, judges, and=or juries (Melton, 1998;Willis Esqueda and Swanson, 1997;Green, 1991;Hall and Sikmus, 1975). To illustrate, social psychological research documents how European American students more readily assigned crime culpability to Native Americans themselves even when alcohol was introduced as a mitigating factor in Native American criminal activity (Willis Esqueda and Swanson, 1997).…”

Race matters: A critical look at racial profiling, it's a matter for the courts

“…Other studies found that African-American youth were at much higher risk of arrest than White youth (Tracy, Wolfgang, & Figlio, 1985). In addition, the literature had made clear that people of color in the United States were imprisoned at a significantly higher rate than Whites (Alexander & Gyamerah, 1997;Bishop & Frazier, 1988;Hall & Simkus, 1975;Neubauer, 2001;Petersilia, 1983;Walker, Spohn, & DeLone, 2000).…”