Hostname: page-component-cd9895bd7-hc48f Total loading time: 0 Render date: 2024-12-27T07:40:34.576Z Has data issue: false hasContentIssue false

A Longitudinal Study of the Effect of Race on Sentencing

Published online by Cambridge University Press:  01 July 2024

Rights & Permissions [Opens in a new window]

Abstract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

Data covering a ten-year period in Milwaukee, Wisconsin, are used to estimate the effect of race and other variables on sentences given to persons charged with armed robbery and burglary. Longitudinal data, coupled with interviews of participants, are used to overcome problems of sample selection bias usually associated with cross-sectional studies of the determinants of sentencing. The research shows that race had a clear effect on both the decision to imprison and the length of prison terms in the earliest period (1967-1968) but not in the two later periods (1971-1972 and 1976-1977). The racial neutrality of sentencing in the later periods appears to be the result of changes in the composition of the judiciary, a greater bureaucratization of the prosecutorial and defense bar, and the rise of decision rules that reduce the effect of judicial ideology on outcomes.

Type
Research Article
Copyright
Copyright © 1983 The Law and Society Association.

References

BERNSTEIN, Ilene Nagel, William R., KELLY and Patricia A., DOYLE (1977) “Societal Reaction to Deviants: The Case of Criminal Defendants,” 42 American Sociological Review 743.Google Scholar
BLUMSTEIN, Alfred (1982) “On the Racial Disproportionality of United States' Prison Populations,” 73 Journal of Criminal Law and Criminology 1259.Google Scholar
BOLAND, Barbara and James Q., WILSON (1978) “Age, Crime and Punishment,” 51 Public Interest 22.Google Scholar
BURKE, Peter J. and Austin T., TURK (1975) “Factors Affecting Postarrest Dispositions: A Model for Analysis,” 22 Social Problems 313.Google Scholar
CHIRICOS, Theodore G. and Gordon P., WALDO (1975) “Socioeconomic Status and Criminal Sentencing: An Empirical Assessment of a Conflict Proposition,” 40 American Sociological Review 753.Google Scholar
CRIMINAL VICTIMIZATION SURVEYS IN MILWAUKEE (1977) National Crime Survey Report No. SD-NCS-C12. Washington, D.C.: Law Enforcement Assistance Administration, U.S. Department of Justice.Google Scholar
FEELEY, Malcolm (1979) The Process is the Punishment. New York: Russell Sage Foundation.Google Scholar
GIBSON, James (1978) “Judges' Role Orientations, Attitudes and Decisions,” 12 American Political Science Review 911.Google Scholar
GREENWOOD, Peter W., Sorrel, WILDHORN, Eugene C., POGGIO, Michael J., STRUMWASSER and Peter De, LEON (1973) Prosecution of Adult Felony Defendants in Los Angeles County: A Policy Perspective. Washington, D.C.: U.S. Government Printing Office.Google Scholar
HAGAN, John (1974) “Extra-Legal Attributes and Criminal Sentencing: An Assessment of a Sociological Viewpoint,” 8 Law & Society Review 357.Google Scholar
HAGAN, John and Kristin, BUMILLER (1983) “Making Sense of Sentencing: A Review and Critique of Sentencing Research,” in Blumstein, A., Cohen, J., Martin, S.E. and Tonry, M.H. (eds.), Research on Sentencing: The Search for Reform, Vol. 2. Washington, D.C.: National Academy Press.Google Scholar
HINDELANG, Michael J. (1978) “Race and Involvement in Common Law Personal Crimes,” 43 American Sociological Review 93.Google Scholar
KLEPPER, Steven, Daniel, NAGIN and Luke, TIERNEY (1983) “Discrimination in the Criminal Justice System: A Critical Appraisal of the Literature and Suggestions for Future Research,” in Blumstein, A., Cohen, J., Martin, S.E. and Tonry, M.H. (eds.), Research on Sentencing: The Search for Reform, Vol. 2. Washington, D.C.: National Academy Press.Google Scholar
LEVIN, Martin A. (1977) Urban Politics and the Criminal Courts. Chicago: University of Chicago Press.Google Scholar
LIZOTTE, Alan J. (1978) “Extra-legal Factors in Chicago's Criminal Courts: Testing the Conflict Model of Criminal Justice,” 25 Social Problems 564.Google Scholar
PETERSILIA, Joan, Peter W., GREENWOOD and Marvin, LAVTN (1977) Criminal Careers of Habitual Felons. Santa Monica, CA.: Rand Corporation.Google Scholar
PETERSON, Mark A. and Harriet B., BRAIKER (1980) Doing Crime: A Survey of California Prison Inmates. Santa Monica, CA.: Rand Corporation.Google Scholar
POPE, Carl E. (1975) Sentencing of California Felony Offenders. Washington, D.C.: National Criminal Justice Information and Statistics Service, U.S. Department of Justice.Google Scholar
PRUITT, Charles R. (1982) “Crime and Punishment: A Longitudinal Study of Change in the Criminal Courts.” Ph.D. Dissertation, Department of Government, Harvard University.Google Scholar
SPOHN, Cassia, John, GRUHL and Susan, WELCH (1981-1982) “The Effect of Race on Sentencing: A Re-Examination of an Unsettled Question,” 16 Law & Society Review 71.Google Scholar
SUTTON, L. Paul (1978) Variations in Federal Criminal Sentences: A Statistical Assessment at the National Level. Albany, N.Y.: Criminal Justice Research Center.Google Scholar