NCJ Number
199949
Journal
Criminal Justice Review Volume: 27 Issue: 2 Dated: Autumn 2002 Pages: 203-232
Date Published
2002
Length
30 pages
Annotation
This article summarizes and critiques research that has examined whether pretrial decisions reflected racial bias in cases that involved African-American defendants.
Abstract
Restricting the review of research to empirical investigations since 1970 yielded a final sample of 68 studies. The pretrial decisions examined were bail and pretrial release decisions, decisions to prosecute versus dismiss the case, and decisions to seek the death penalty in capital-eligible cases. The studies reviewed suggest that racial bias may enter into bail decisions and decisions to seek the death penalty; however, race was neither the sole nor the strongest predictor of presentencing outcomes in the studies reviewed. Gender, age, education, income, employment status, appearance, and demeanor were other possible defendant attributes that may have affected presentencing decisions. Further, characteristics of the court (rural versus urban, court congestion index, etc.) and of the judge presiding over the case may have influenced decisionmaking. Also, presentencing decisions may be influenced by a host of legally relevant variables such as a defendant's criminal record, offense type, presence of aggravating and mitigating factors (in homicide cases), community ties and bail history, and evidentiary strength. Victim traits may also impact pretrial decisions. The author notes that although some conclusions can be drawn about racial bias in pretrial decisionmaking, shortcomings inherent in the research have impeded a clear understanding of the role of race in criminal case processing. This article includes a critique of research methodology. 5 tables and 14 references