NCJ Number
82125
Journal
Law and Society Review Volume: 16 Issue: 1 Dated: (1981-1982) Pages: 71-88
Date Published
1982
Length
18 pages
Annotation
This analysis of the possible effect of race on sentencing finds that race does not have a direct effect on sentence severity but that blacks are more likely than whites to be imprisoned.
Abstract
This study replicates and elaborates on Uhlman's research (1977), which concluded that there is evidence of racial discrimination in sentencing in 'Metro City.' This study, however, hypothesizes that there will be no direct relationship between race and sentencing when the analysis controls for the seriousness of the charge and prior criminal record. Data were derived from a file of about 50,000 felony cases heard between 1968 and 1979 in Metro City, a large northeastern city. Two dependent variables measuring sentence severity were used in the analysis. The first measured sentence severity on a 93-point scale which ranges from a suspended sentence to life imprisonment. The second measured sentence severity by focusing on the decision whether or not to incarcerate; this decision was measured by a dichotomous prison/no prison variable. The independent variables were the defendant's race, charge, prior criminal record, type of attorney, type of plea, evidence of charge reduction, bail amount, and pretrial bail status. Black males did receive harsher sentences than white males, but this disparity was due primarily to blacks being charged with more serious offenses and having more serious prior criminal records. Defendants who could not obtain a private attorney or pretrial release received harsher sentences, suggesting discrimination according to wealth, which indirectly adversely impacted blacks. Even after controlling for both legal and extralegal factors, however, black males still were sentenced to prison 5 percent more often than white males, resulting in a 20 percent higher rate. Tabular and graphic data are provided, along with 39 references.