The impact of ethnicity on probation recommendations and dispositions in Israel

Cohen, Ben-Zion; Mssw, Shulamit Palmor

doi:10.1080/07418828500088511

Cited by 14 publications

(18 citation statements)

References 22 publications

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“…It is therefore not surprising that these social realities permeate the courts. Indeed, a sizable number of studies provide consistent evidence that there is a wide disparity in sentencing of Jews and Arabs in the Israeli justice system (Cohen 1985; Cohen & Palmor 1985; Hassin & Kremnitzer 1988; Kretzmer 1990; Rattner & Fishman 1998; Fishman et al. 2006).…”

Section: The Initial Bail Hearing In Israelmentioning

confidence: 99%

Let My People Go: Ethnic In‐Group Bias in Judicial Decisions—Evidence from a Randomized Natural Experiment

Gazal‐Ayal

Sulitzeanu‐Kenan

2010

J Empirical Legal Studies

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Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias from other sources of ethnic disparities. We find systematic evidence of in-group (same ethnic group) bias in detention decisions. However, in cases where the decision is to detain, no ethnic bias was found in the length of the detention. Possible interpretations and implications of these findings are discussed.

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Section: The Initial Bail Hearing In Israelmentioning

confidence: 99%

Let My People Go: Ethnic In‐Group Bias in Judicial Decisions—Evidence from a Randomized Natural Experiment

Gazal‐Ayal

Sulitzeanu‐Kenan

2010

J Empirical Legal Studies

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“…Several studies have documented the existence of discrimination against Arabs, although such work has relied on selective prison populations and juveniles and adults on probation. For example, a study by Cohen and Palmor (1985) showed that the courts granted probation for conventional crimes to Arab offenders in a smaller proportion (17.5%) than to Jewish offenders (44.8%). The relationship between nationality and sentencing severity was not affected when seriousness of prior and current offence were controlled for.…”

Section: The Israeli Societymentioning

confidence: 96%

The Israeli criminal justice system in action—Is justice administered differentially?

Fishman

Rattner

1997

J Quant Criminol

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IsThis study focuses on two major junctures in the Israeli criminal justice system, the preadjudication stage and the trial stage. The data are gathered from records accumulated during the period 1980 through 1992. For each year between 1980 and 1992, a random sample of 3637 persons, who had their first police contact during that year, was drawn from the computerized central file at Israeli Police Headquarters. A total of 40,007 individuals, with a total of 97,000 records, constituted the study population. The results identify which criminal records were most likely to be terminated prior to adjudication and which records, once adjudicated, were most likely to conclude in conviction. Major emphasis was placed on the issue of nationality--being an Arab or a Jew--while the effect of other variables, such as the type of offense and the time period, were controlled. The criminal justice system was found to be less discriminating at the early stages of the criminal process, but as the offender moved along the process, the chances that nationality would play an important part increased.

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“…Several studies have documented the existence of discrimination against Arabs in the system, although such work relies on descriptive analysis and on sources of aggregate data such as prisoner populations or juveniles and adults on probation. A study by Ben Zion Cohen and Shulamit Palmor (1985) showed that the courts granted probation RAR"rNER 137 to a lower proportion of Arab (17.5 percent) than Jewish (44.8 percent) offenders who had committed conventional crimes. This relationship between nationality and sentence was not weakened when seriousness of prior and of current offenses were controlled.…”

Section: Theoretical Relevancementioning

confidence: 99%

The effect of legal and extralegal variables on sentencing in Israel

Rattner

1996

Justice Quarterly

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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.

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The impact of ethnicity on probation recommendations and dispositions in Israel

Cited by 14 publications

References 22 publications

Let My People Go: Ethnic In‐Group Bias in Judicial Decisions—Evidence from a Randomized Natural Experiment

Let My People Go: Ethnic In‐Group Bias in Judicial Decisions—Evidence from a Randomized Natural Experiment

The Israeli criminal justice system in action—Is justice administered differentially?

The effect of legal and extralegal variables on sentencing in Israel

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