Impact of Contextual Factors on the Decision to Imprison in Large Urban Jurisdictions: A Multilevel Analysis

• NCJ Number: 210287
• Journal: Crime & Delinquency Volume: 51 Issue: 3 Dated: July 2005 Pages: 400-424
• Author(s): Robert R. Weidner; Richard S. Frase; Jennifer S. Schultz
• Date Published: July 2005
• Length: 25 pages
• Sponsoring Agency: Bureau of Justice Statistics (BJS)
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: An earlier version of this article was presented at the 2003 annual meeting of the American Society of Criminology in Denver.

Annotation

This study examined the influence of social and legal contextual factors on the processing of individual felony cases in large urban jurisdictions in 1998.

Abstract

Individual-level information was obtained from the Bureau of Justice Statistics' State Court Processing Statistics program, a biennial collection of data on felony defendants in State courts in 39 of the Nation's 75 most populous counties in 17 States in all regions of the United States. Data covered demographic characteristics, criminal history, pretrial processing, disposition, and the sentencing of felony defendants. Individual-level data were linked to county-level variables by using an identifier commonly included as a data element in federally collected data. The dependent outcome variable was the likelihood of receiving a prison sentence. The contextual variables included in the study were the presence of sentencing guidelines, the availability of alternative sanctions, level of crime, political conservatism, racial composition, and the prevalence of the economically disadvantaged. The study found that the likelihood of receiving a prison sentence varied significantly across counties. Three of the six contextual factors examined had a significant impact on the decision to impose prison sentences. The presence of sentencing guidelines decreased the likelihood of an individual receiving a prison sentence. A negative relationship was found between crime rate and prison use, which could mean that jurisdictions with higher crime rates may have a higher tolerance for crime or that sentencers in jurisdictions with higher crime rates treat felony cases less harshly because of the high case volume. The percentage of African-Americans in a county was positively related to prison use. Individual-level analysis found that offense severity, being male, having been in pretrial detention, and pleading guilty rather than receiving a bench trial increased the likelihood of receiving a prison sentence. 4 tables, 16 notes, and 67 references