The effect of legal and extralegal variables on sentencing in Israel

Abstract

A review of the research literature on racial and ethnic disparities in the criminal justice system yields mixed conclusions. Little attention has been devoted to decision making related to nationality and ethnicity in the criminal justice system in Israel. The study examines the effect of legal and extralegal variables on prison sentencing among Jews and Arabs, based on one 1989 data set. The probability of an Arab being sentenced to prison increases with the offender's level of dangerousness. A different effect, however, is shown for property offenses than for violent offenses.Over the years, criminological research has called attention to disparities and inequities at every stage of the criminal justice process, from arrest to charge, adjudication, sentencing, disposition, and release. Of particular importance, as measured by the number of studies on the subject, has been the focus on disparities in sentencing. Racial, ethnic, national, gender, and age disparities in criminal sanction have received most of the attention in research. In general, studies have tended to agree that these disparities exist and to disagree as to their origin or cause (Bullock ).Most of the studies on this subject have focused on NorthAmerican culture. Little attention has been given to other societies that provide a no less ideal setting for studying questions of disparities in the criminal justice system. Israel perhaps is such a case; therefore we have decided to explore the problem of disparities in the Israeli criminal justice system. The purpose of this study is to examine the effect of legal and extralegal variables on prison sentencing among Jews and Arabs in Israel.

The Impact of Indigenous Status on Adult Sentencing: A Review of the Statistical Research Literature From the United States, Canada, and Australia

“…Using less precise measures of the seriousness of the offense and not using a measure for criminal history can produce an overestimation of direct racial disparity (see, e.g., Mitchell, 2005). Furthermore, the lack of a prior criminal history measure is especially concerning given the significant impact of past criminality on sentencing outcomes (Albonetti, 1991;Ashworth, 1995;Bickle & Peterson, 1991;Hagan, 1975;Hesketh & Young, 1994;Pennington & Lloyd-Bostock, 1987;Rattner, 1996). Nonetheless, findings of direct a negative effect between Indigenous status and sentencing were also found in more rigorous U.S. research (see Everett & Wojtkiewicz, 2002;Wilmot & Delone, 2010).…”