Race, Ethnicity, and Trial Avoidance: A Multilevel Analysis

Abstract

Minority criminal defendants are more likely than White defendants to exercise their right to trial, which is concerning given that research also consistently finds trial sentences to be harsher than those obtained via pleas. However, guilty pleas are not the only disposition available for avoiding a trial; pretrial diversions and case dismissals also serve as mechanisms for trial avoidance. Using hierarchical linear modeling, we find that Black criminal defendants are more likely than Whites to go to trial rather than receive other case disposition. Relationships for Hispanic defendants are less consistent. Fewer county-level effects emerge than expected, providing little to no support for racial threat theory. Results suggest that Black defendants are less often able or willing to avoid a trial, a finding which highlights and perhaps helps to explain racial disparities in final sentencing outcomes.

Examining the Gap Between Prosecutor Attitudes and Decisions: Case Prioritization Through Case Elimination Mechanisms in Driving With a Suspended License Cases

“…Prosecutors can eliminate cases after charges are filed through case dismissal. Previous research has identified a number of case and defendant characteristics that impact the prosecutorial decision to dismiss a case after filing (Albonetti, 1986; Free, 2002; Kutateladze & Andiloro, 2014; Steffensmeier et al, 1998), as well as broader organizational features that influence dismissal decisions (Franklin, 2018; Lee & Richardson, 2018; Wooldredge & Thistlethwaite, 2004). Organizational factors such as caseload pressure can drive prosecutors’ decisions (Wooldredge, 1989).…”

Evaluating Racial and Ethnic Invariance Among the Correlates of Guilty Pleas: A Focus on the Effect of Court Legitimacy, Attorney Type, Satisfaction, and Plea-Offer Evaluation

“…Prior research suggests that racial and ethnic minorities, such as Black and Hispanic populations, are more likely to proceed to trial (rather than resolve their case with a guilty plea) than their White counterparts, though there is generally less research on plea bargaining and race/ethnicity, relative to studies of race/ethnicity and sanction severity (Johnson & Richardson, 2019). In a study of state sentencing data over forty large urban U.S. counties, Lee and Richardson (2020) found that Black defendants were more likely to go to trial than White defendants, though ethnicity effects were less consistent. In addition, a recent analysis of Maryland sentencing data found Black and Latino defendants were 40% and 50%, respectively, less likely to plead guilty and go to trial relative to White defendants (Testa & Johnson, 2020).…”

“…We first seek to explore whether there are initial differences in WTAP by race and ethnicity, while holding all other case characteristics constant (with the exception of guilt). While there may be explanations for potential racial and ethnic differences in going to trial vs. accepting a plea offer (Lee & Richardson, 2020;Testa & Johnson, 2020), we focus on whether legitimacy is a significant predictor of guilty plea decisions capable of explaining observed racial/ethnic differences in WTAP. Based on a significant body of research indicating that racial and ethnic minorities are treated more harshly (Mitchell, 2005;Kutateladze et al, 2014Kutateladze et al, , 2016King & Light, 2019) and that racial and ethnic minorities typically have lower perceptions of legitimacy relative to Whites (Higgins et al, 2009;Sun & Wu, 2006), we also assess whether there are moderating effects of race and ethnicity on the influence of legitimacy.…”

“…Recent work has also explored the role of defense attorneys and framing (Garnier-Dykstra & Wilson, 2019;Henderson & Levett, 2018;Lee, Jaynes, & Ropp, 2021). Though defendant race and ethnicity have not yet been a focal point of this body of work, sentencing research underscores differences in final outcomes by race and ethnicity; Black and Latino defendants are often more likely to go to trial than White defendants, suggesting a potential underlying difference in WTAP (e.g., Lee & Richardson, 2020;Testa & Johnson, 2020). Although individuals always have the right to reject a plea offer, and this decision ultimately rests with the defendant (Henderson & Levett, 2019), racial and ethnic disparities in plea acceptances are particularly noteworthy because of the well-documented "trial penalty," which demonstrates that those who elect to reject a plea offer and are found guilty at trial, on average, receive harsher sentences (Bushway & Redlich, 2012;LaFree, 1985).…”

Charging sex traffickers under federal law: What dispositions should we expect when applying theories on prosecutorial decision‐making?

“…Furthermore, researcher and legal practitioners have long argued that the demographic characteristics of defendants, such as gender, race, ethnicity, marital status, and education, may influence charging and disposition decisions (Robertson et al, 2019; Wu, 2016), including dispositions reached via trial or plea bargaining (Free, 2002; Lee & Richardson, 2020; Ulmer & Bradley, 2006). However, the evidence regarding the influence of demographic characteristics, particularly at the federal level, is mixed.…”