NCJ Number
52681
Journal
Law and Society Review Volume: 12 Issue: 3 Dated: SPECIAL ISSUE (SPRING 1978) Pages: 437-453
Date Published
1978
Length
17 pages
Annotation
THIS STUDY EXAMINES THE DETERMINANTS OF CRIMINAL HISTORIES USING THE CONVICTIONS OF DEFENDANTS AS THE DEPENDENT VARIABLE AND SPECIFYING THE PROCESS BY WHICH PRIOR RECORDS ARE CONSTRUCTED.
Abstract
EXPLORATIONS OF DIFFERENTIAL JUSTICE SUGGEST THAT APPARENT RELATIONSHIPS BETWEEN CLASS, RACE, AND LEGAL TREATMENT MAY BE EXPLAINED BY THE MORE EXTENSIVE CONVICTION HISTORIES FOUND AMONG LOWER CLASS AND MINORITY POPULATIONS. BUT THESE FINDINGS HAVE EMERGED WITHOUT ADEQUATE EXPLORATION OF THE ANTECEDENTS OF A DEFENDANT'S CRIMINAL RECORD. THIS STUDY VIEWS THE CONVICTION AWARDED A DEFENDANT AS THE FIRST STAGE IN THE CONSTRUCTION OF A PRIOR OFFENSE RECORD. PATH ANALYTIC TECHNIQUES ARE APPLIED TO DATA DRAWN FROM A SAMPLE OF PERSONS ARRESTED FOR MURDER IN ORDER TO EXAMINE THE NATURE OF RELATIONSHIPS AMONG THE DEMOGRAPHIC CHARACTERISTICS OF DEFENDANTS, THEIR PRIOR OFFENSE RECORDS, ACCESS TO LEGAL RESOURCES, AND ULTIMATE DISPOSITIONS. PATTERNS EVIDENT FROM THE ANALYSIS SUGGEST THAT THE OPERATION OF THE CRIMINAL RECORD IN THE LEGAL SYSTEM CONSTITUTES A CONTINUAL CYCLE IN THE CONFIRMATION OF CRIMINALITY. PRIOR RECORD, ITSELF PARTLY A PRODUCT OF DISCRETIONARY TREATMENT, BECOMES A SALIENT FACTOR IN THE ACCUMULATION OF ADDITIONAL CONVICTIONS NOT ONLY THROUGH ITS DIRECT EFFECT BUT ALSO THROUGH ITS INFLUENCE ON ACCESS TO PRIVATE COUNSEL AND BAIL, WHICH IN TURN SIGNIFICANTLY AFFECT OUTCOME. TABULAR DATA AND REFERENCES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--DAG)