NCJ Number
52682
Journal
Law and Society Review Volume: 12 Issue: 3 Dated: SPECIAL ISSUE (SPRING 1978) Pages: 455-478
Date Published
1978
Length
24 pages
Annotation
CONCEPTUAL AND METHODOLOGICAL SHORTCOMINGS OF RESEARCH ON RACIAL DISCRIMINATION IN CRIMINAL SENTENCING ARE EXPLORED IN A STUDY OF THE FELONY TRIAL COURT IN FULTON COUNTY (ATLANTA), GA.
Abstract
RESEARCH ON DISCRIMINATION IN SENTENCING HAS FOCUSED ON DESCRIPTION RATHER THAN EXPLANATION AND HAS FAILED TO EXAMINE THE DECISIONAL PROCESSES THAT PRODUCE DISCRIMINATION IN SENTENCING. AMONG SEVERAL METHODOLOGICAL PROBLEMS IS RELIANCE ON AGGREGATE COURT DATA RATHER THAN DATA ON THE DECISIONS OF INDIVIDUAL JUDGES. A STUDY OF 1,194 CASES DISPOSED OF BY 11 JUDGES IN THE SUPERIOR COURT OF FULTON COUNTY DURING FIVE 2-MONTH PERIODS IN 1968, 1969, AND 1970 (A 0.5-PERCENT RANDOM SAMPLE OF ALL INDICTMENTS FILED DURING THESE PERIODS) FINDS THAT, IN THE AGGREGATE, THE SENTENCES IMPOSED BY THE COURT APPEAR NOT TO DISCRIMINATE AGAINST BLACKS. HOWEVER, WHEN THE DECISIONS OF INDIVIDUAL JUDGES ARE ANALYZED, THREE PATTERNS OF SENTENCING BEHAVIOR--PROBLACK, ANTIBLACK, AND NONDISCRIMINATORY--ARE REVEALED. A COMPARISON OF SENTENCING DATA WITH DATA GATHERED IN INTERVIEWS WITH THE JUDGES SUGGESTS THAT SENTENCING BEHAVIOR IS RELATED TO BACKGROUND AND ATTITUDE. ANTIBLACK JUDGES HAD STRONG TIES TO TRADITIONAL SOUTHERN CULTURE, WERE PARTICULARLY CONCERNED ABOUT CRIME, INDICATED A PREJUDICE AGAINST BLACKS, AND WERE RELATIVELY PUNITIVE IN THEIR SENTENCING PHILOSOPHIES. THESE JUDGES ALSO WERE MORE LIKELY THAN OTHERS TO RELY HEAVILY ON THE DEFENDANT'S ATTITUDE AND PRIOR RECORD IN MAKING THEIR SENTENCING DECISIONS. THE FINDINGS SUGGEST THAT DISCRIMINATION FLOWS BOTH FROM THE ATTITUDINAL PREDISPOSITIONS OF JUDGES AND FROM THE PROCESSES THEY EMPLOY TO MAKE SENTENCING DECISIONS. THE FINDINGS ALSO SUPPORT AN INDIVIDUAL, AS OPPOSED TO AN INSTITUTIONAL, INTERPRETATION OF RACIAL DISCRIMNATION IN SENTENCING. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)