THEORETICAL INTERPRETATIONS OF SOCIAL CLASS AND RACIAL DIFFERENTIALS IN LEGAL DECISION-MAKING FOR JUVENILES

• NCJ Number: 60953
• Journal: Sociological Quarterly Volume: 20 Issue: 2 Dated: (SPRING 1979) Pages: 197-207
• Author(s): A E LISKA; M TAUSIG
• Date Published: 1979
• Length: 11 pages
• Corporate Author: Midwest Sociological Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS THEORETICAL EXAMINATION OF RELATIONS AMONG SOCIAL CLASS, RACE, AND LEGAL DECISIONMAKING FOR JUVENILES NOTES THAT SOCIAL CLASS AND RACIAL DIFFERENTIALS ARE PREVALENT TO SOME DEGREE AT ALL DECISIONMAKING LEVELS.

Abstract

SEVENTEEN STUDIES ARE CONSIDERED WITHIN THE CONTEXT OF THREE THEORETICAL PERSPECTIVES. THE LEGAL PERSPECTIVE GENERALLY REFERS TO OFFENSE-RELATED CHARACTERISTICS, SUCH AS OFFENSE SERIOUSNESS, PRIOR CRIMINAL RECORD, THE COMPLAINANT'S DISPOSITION, AND THE NUMBER OF CHARGES. IF OFFENSE-RELATED CHARACTERISTICS RELATE TO RACE, RACIAL DIFFERENTIALS SHOULD LOGICALLY APPEAR IN DECISIONMAKING FROM THE LEGAL PERSPECTIVE. THE INTERACTIONIST PERSPECTIVE IS TYPICALLY USED TO REFER TO SYMBOLIC INTERACTIONISM, ETHNOMETHODOLOGY, AND LABELING THEORY. WHILE DIFFERING IN FOCUS, THESE THEORIES ARE CONCERNED WITH GENERAL AND CONTEXTUAL CONSTRUCTIONS OF REALITY IN THEIR DAILY LIVES. LEGAL DECISIONS ARE VIEWED AS OUTCOMES OF SOCIAL CONTROL AGENT-CONSTRUCTION PROCESSES. THERE IS INCONSISTENT SUPPORT, HOWEVER, FOR THE CONTENTION THAT VARIABLES SUGGESTED BY THE INTERACTIONIST PERSPECTIVE EXPLAIN OR MEDIATE RACIAL DIFFERENTIALS. THE CONFLICT PERSPECTIVE IS BROADLY USED TO INCLUDE CULTURAL CONFLICT THEORY, PLURALISTIC INTEREST THEORY, AND MARXIST THEORY. THESE THEORIES DIFFER, BUT THEY ASSUME A RELATIVELY LOW LEVEL OF SOCIAL CONSENSUS AND FOCUS ON THE ROLE OF POWER IN THE FORMULATION OF LAW AND ITS ADMINISTRATION. LAWS ARE THOUGHT TO REPRESENT INTERESTS OF THE POWERFUL AND ARE TO BE SELECTIVELY ENFORCED. POWER IS ASSUMED TO BE RELATED TO RACE; THEREFORE, RACIAL DIFFERENTIALS SHOULD LOGICALLY APPEAR IN LEGAL DECISIONMAKING FROM THE CONFLICT PERSPECTIVE. WHILE RESEARCH PROVIDES ONLY WEAK EVIDENCE OF SOCIAL CLASS DIFFERENTIALS, PARTICULARLY FOR ARREST AND JUDICIAL REFERRALS DECISIONS, THERE IS CLEAR AND CONSISTENT EVIDENCE OF A RACIAL DIFFERENTIAL OPERATING AT EACH DECISION LEVEL. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (DEP)