The Joint Effects of Gender and Race/Ethnicity on Sentencing Outcomes in Federal Courts

Using data from the U.S. Sentencing Commission, the present study examines the interaction effects of gender and race/ethnicity on sentencing outcomes of male and female offenders in federal courts. Findings indicate that female offenders in all racial/ethnic categories receive less severe sentence outcomes than male offenders in the same categories, even after legal, extralegal, and contextual factors are controlled. In addition, racial/ethnic differences are found within gender groups, such that Hispanic males are more likely to be incarcerated and Black males receive longer sentence terms compared to White male offenders. However, contrary to expectations, the analysis indicates that White females are more likely to be incarcerated than Black and Hispanic females and receive longer sentence terms than Hispanic females. Gender and racial/ethnic interactions are also explored across offense type (drug vs. non-drug) and type of sentencing departure (no departure, downward, or substantial assistance). Implications for future research are also discussed.     

Playing the race card: Making race salient in defence opening and closing statements

Purpose. Researchers have reported that making a Black defendant's race salient reduces White jurors' tendency to find Black defendants guilty ( Sommers & Ellsworth, 2000 ). We examined whether making race salient by including racially salient statements in the defence attorney's opening and closing statements (i.e., ‘playing the race card’) reduced White jurors' racial bias against a Black defendant. Method. We obtained scores on racial attitudes for 151 White college students who participated in an experiment where defendant race (Black, White) and race salience (not salient, salient) were manipulated in a between‐subjects design. Participants read one of four trial stimuli and completed dependent measures. Results. ‘Playing the race card’ reduced White juror racial bias as White jurors' ratings of guilt for Black defendants were significantly lower when the defence attorney's statements included racially salient statements. White juror ratings of guilt for White defendants and Black defendants were not significantly different when race was not made salient. This effect was separate from jurors' level of prejudice (as measured by racial attitudes) as high prejudice participants were more likely than low prejudice participants to find the Black defendant guilty, independent of the race salience manipulation. Conclusion. Our study indicated that an explicit attempt by a defence attorney to ‘play the race card’ was a beneficial trial strategy a defence attorney could use to reduce White jurors' bias towards Black defendants. However, the beneficial effect of such a strategy may not reduce White jurors' bias towards Black defendants for all White jurors.     

The masking of racial and ethnic disparity in police use of physical force: The effects of gender and custody status

The purpose of the present study was to examine racial and ethnic disparity in police use of physical force. Data from the Phoenix, Arizona Use-of-Force Project was used to assess disparity between White, Black, and Hispanic citizens. Racial and ethnic disparity in police use of physical force was found only for male citizens not in custody. The findings suggest that assessments of racial and ethnic disparity need to be situationally orientated in the theoretical meaning that race and ethnicity play in modern American society. Simple overall tests of disparity may not be adequate to understand and address the complex effects of race and ethnicity in the criminal justice system; thus, these disparities may lead to situations that further exacerbate already strained minority-majority relations in America.     

RISK,RACE, AND RECIDIVISM: PREDICTIVE BIAS AND DISPARATE IMPACT*

One way to unwind mass incarceration without compromising public safety is to use risk assessment instruments in sentencing and corrections. Although these instruments figure prominently in current reforms, critics argue that benefits in crime control will be offset by an adverse effect on racial minorities. Based on a sample of 34,794 federal offenders, we examine the relationships among race, risk assessment [the Post Conviction Risk Assessment (PCRA)], and future arrest. First, application of well‐established principles of psychological science revealed little evidence of test bias for the PCRA—the instrument strongly predicts arrest for both Black and White offenders, and a given score has essentially the same meaning—that is, the same probability of recidivism—across groups. Second, Black offenders obtain higher average PCRA scores than do White offenders (d = .34; 13.5 percent nonoverlap in groups’ scores), so some applications could create disparate impact. Third, most (66 percent) of the racial difference in PCRA scores is attributable to criminal history—which is already embedded in sentencing guidelines. Finally, criminal history is not a proxy for race, but instead it mediates the relationship between race and future arrest. Data are more helpful than rhetoric if the goal is to improve practice at this opportune moment in history.     

Racial and ethnic disparities in police-reported intimate partner violence perpetration: a mixed methods approach

The objectives of this study were to examine racial and ethnic disparities in perpetrator and incident characteristics and discrepancies between police charges and reported perpetrator behaviors in police-reported intimate partner violence (IPV). This cross-sectional study used standardized police data and victim narratives of IPV incidents reported to the police in Dallas, Texas in 2004. The sample included non-Hispanic White, non-Hispanic Black, and Hispanic male perpetrators who were residents of Dallas (N = 4470). Offense charges were prioritized in descending order: sexual assault, aggravated assault, simple assault, kidnapping, robbery, and intimidation. Textual data from the victim narratives were coded, based on the revised Conflict Tactics Scales (CTS), and categorized in descending order of priority: sexual (severe, minor), physical (severe, minor), and psychological (severe, minor) assault. Perpetrators were more likely to be Black and Hispanic. Perpetrator and incident characteristics varied significantly by race/ethnicity, particularly age, age difference between partners, marital status, injury, and interracial relationships. Qualitative data revealed that greater proportions of Black and Hispanic men perpetrated severe physical, but not sexual violence, compared with White men. The greatest disparity between CTS categories and police charges occurred among those cases identified by the CTS as severe physical IPV; 84% were charged with simple assault. Significant differences by race/ethnicity were found only for simple assault charges, which were coded as severe physical as opposed to minor physical IPV more often among Black (69% and 31%) compared with White (62% and 38%) men. The disparities revealed in this study highlight the need to enhance primary and secondary prevention efforts within Black and Hispanic communities and to increase linkages between police, community, and public health organizations.     

From the Officer’s Perspective: A Multilevel Examination of Citizens’ Demeanor during Traffic Stops

Over the past 60 years, a substantial body of research has considered the influence of citizens’ demeanor on police behavior; and more recently, the correlates of citizens’ demeanor. This study advances our understanding of the demeanor construct by measuring officers’ perceptions of citizens’ disrespect, non‐compliance, and resistance during traffic stops. Using multilevel statistical models, we examine the correlates of citizens’ demeanor and assess the racial differences in these perceptions. The findings demonstrate that officers’ perceptions of citizens’ demeanor vary across racial/ethnic groups, after controlling for other relevant factors. Although White officers were significantly more likely than Black officers to classify drivers as disrespectful, Black and White officers were equally likely to report drivers as displaying behaviors that were non‐compliant and/or verbally resistant. Black drivers were significantly more likely to be reported as disrespectful, non‐compliant, and/or resistant, regardless of the officers’ race. The implications for future research and policy are discussed.     

Racial and ethnic perceptions of injustice: Testing the core hypotheses of comparative conflict theory

Comparative conflict theory is a theoretical statement proposed by Hagan, Shedd, and Payne (2005) to explain racial and ethnic variation in perceptions of injustice. Their theory asserted that White respondents perceive considerably less injustice than both African Americans and Hispanics (the racial-ethnic divide hypothesis) and that African Americans perceive less injustice than Hispanics (the racial gradient hypothesis). They also proposed that prior criminal justice experiences serve as a “tipping point” for Hispanics in that Hispanics with prior negative criminal justice contacts will perceive more injustice than African Americans with similar prior negative experiences. This study tested these three hypotheses, finding support for the racial-ethnic divide and racial-gradient hypotheses, but not the differential sensitivity hypothesis. In addition, this study explored the racial and ethnic identity of Hispanics (i.e., “White Hispanic” and “Black Hispanic”) and found that Hispanics, who were younger, less educated, and perceived some forms of injustice were more likely to identify themselves as being both Hispanic and Black.     

REASSESSING TRENDS IN BLACK VIOLENT CRIME, 1980–2008: SORTING OUT THE “HISPANIC EFFECT” IN UNIFORM CRIME REPORTS ARRESTS,NATIONAL CRIME VICTIMIZATION SURVEY OFFENDER ESTIMATES,AND U.S. PRISONER COUNTS*

Recent studies suggest a decline in the relative Black effect on violent crime in recent decades and interpret this decline as resulting from greater upward mobility among African Americans during the past several decades. However, other assessments of racial stratification in American society suggest at least as much durability as change in Black social mobility since the 1980s. Our goal is to assess how patterns of racial disparity in violent crime and incarceration have changed from 1980 to 2008. We argue that prior studies showing a shrinking Black share of violent crime might be in error because of reliance on White and Black national crime statistics that are confounded with Hispanic offenders, whose numbers have been increasing rapidly and whose violence rates are higher than that of Whites but lower than that of Blacks. Using 1980–2008 California and New York arrest data to adjust for this “Hispanic effect” in national Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS) data, we assess whether the observed national decline in racial disparities in violent crime is an artifact of the growth in Hispanic populations and offenders. Results suggest that little overall change has occurred in the Black share of violent offending in both UCR and NCVS estimates during the last 30 years. In addition, racial imbalances in arrest versus incarceration levels across the index violent crimes are both small and comparably sized across the study period. We conclude by discussing the consistency of these findings with trends in economic and social integration of Blacks in American society during the past 50 years.     

Effect of racial misclassification in police data on estimates of racial disparities

Research on race and policing increasingly draws upon data collected by police officers to estimate racial disparities in police contact. Many of these data sets, however, rely on officer perception of a stopped person's race, which may be inconsistent with how those individuals self-identify. Furthermore, researchers frequently benchmark contact data where race is perceived by police officers against census and survey data where race is self-identified. We argue that discordance between how individuals self-identify and how they are classified by officers can bias estimates of racial disparities. Using a unique data set, which allows us to compare officers’ racial classification of stopped persons with those same persons’ racial self-identification, we characterize rates of racial misclassification in administrative police records. We find evidence of racial misclassification in police records, especially among Hispanic and Asians/Pacific Islanders. We find that officer classification of Hispanics as (non-Hispanic) White is the most common form of racial misclassification in our sample and that its substantive consequences are significant. Specifically, we find that officer classification of Hispanics as White may lead analysts to incorrectly conclude that Hispanics are no more likely than Whites to be cited by police.     

Lines and shadows: Perceptions of racial profiling and the Hispanic experience

Despite a longstanding research tradition examining the intersection of policing and race, extant research focused almost exclusively on race and ethnicity in Black and White terms. As such, academic knowledge of the Hispanic experience remained opaque. In this study, data from a random sample of New York City residents were used to compare the perceptions of racial profiling among Hispanic and non-Hispanic citizens. In particular, factors relating to the perception that racial profiling was widespread, justified, and personally experienced were examined. Findings were grounded within the literature on police-citizen relations and racial profiling.     

Sentencing Female Drug Offenders: Reexamining Racial and Ethnic Disparities

This study analyzes the relationship between race/ethnicity and sentencing outcomes for female drug offenders in Florida. Grounded in the focal concerns perspective, the research examines whether, in the specific case of drug offenders, minority women are treated more harshly than White women. Interaction models are estimated to determine the influence of drug offense type on racial and ethnic sentencing disparities. Differences in sentencing outcomes are also examined following significant policy changes in the state. In general, the findings suggest that minority female drug offenders are disadvantaged at both the incarceration and sentence length decisions. It also appears that perceptions of dangerousness associated with female offenders' race/ethnicity and offense are incorporated into sentencing authorities' patterned responses. That is, the level of disparity between Black, Hispanic, and White females is conditioned by type of drug offense in the interaction models. The changes in sentencing policy also impact the role of race and ethnicity in sentencing decisions. By analyzing drug offenders exclusively, the current study clarifies the role of race in sentencing decisions for females. In contrast to prior research that examined all offense categories together, the current study suggests that for drug offenses, minority females may, in fact, be deemed more dangerous and culpable than White female drug offenders.     

Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention,conviction, and sentencing*

A significant body of literature has examined racial and ethnic inequalities in sentencing, focusing on how individual court actors make decisions, but fewer scholars have examined whether disparities are institutionalized through legal case factors. After finding racial and ethnic inequalities in pretrial detention, conviction, and incarceration based on 4 years of felony court data (N = 83,924) from Miami-Dade County, we estimate nonlinear decomposition models to examine how much of the inequalities are explained by differences in criminal history, charging, and for conviction and incarceration, pretrial detention. Results suggest that inequality is greatest between White non-Latinos and Black Latinos, followed by White non-Latinos and Black non-Latinos, ranging from 4 to more than 8 percentage points difference in the probability of pretrial detention, 7–13 points difference in conviction, 5–6 points in prison, and 4–10 points difference in jail. We find few differences between White non-Latinos and White Latinos. Between half and three-quarters of the inequality in pretrial detention, conviction, and prison sentences between White non-Latino and Black people is explained through legal case factors. Our findings indicate that inequality is, in part, institutionalized through legal case factors, suggesting these factors are not “race neutral” but instead racialized and contribute to inequalities in court outcomes.     

Race/Ethnic-Specific Homicide Rates in New York City: Evaluating the Impact of Broken Windows Policing and Crack Cocaine Markets

The current study evaluated a range of social influences including misdemeanor arrests, drug arrests, cocaine consumption, alcohol consumption, firearm availability, and incarceration that may be associated with changes in gun-related homicides by racial/ethnic group in New York City (NYC) from 1990 to 1999. Using police precincts as the unit of analysis, we used cross-sectional, time series data to examine changes in Black, White, and Hispanic homicides, separately. Bayesian hierarchical models with a spatial error term indicated that an increase in cocaine consumption was associated with an increase in Black homicides. An increase in firearm availability was associated with an increase in Hispanic homicides. Last, there were no significant predictors for White homicides. Support was found for the crack cocaine hypotheses but not for the broken windows hypothesis. Examining racially/ethnically disaggregated data can shed light on group-sensitive mechanisms that may explain changes in homicide over time.     

Revisiting the Racial Threat Thesis: The Role of Police Organizational Characteristics in Predicting Race‐Specific Drug Arrest Rates

Previous research examining the relationship between structural factors and drug arrest rates has neglected the role of the police organization. A central proposition of racial threat theory is that indicators of a threatening Black population will be associated with law enforcement actions as a form of social control. In order to fully test this proposition, however, organizational aspects of law enforcement beyond size of the police force must be considered. Hence, the present study examines police organizational factors as direct predictors of race‐specific drug arrest rates but also as potential moderators of the effects of structural factors on drug arrest rates. Using data from 260 cities, we find that police organizational factors matter, both directly and as moderators of the association between racial economic competition and Black drug arrest rates. Consistent with expectations derived from racial threat and organizational theory, we find that racial threat measures are associated with Black drug arrest rates under conditions of relatively low organizational control.     

Police organizational factors,the racial composition of the police,and the probability of arrest

While past research has considered the effects of police organizational characteristics on various outcomes, including arrest rates, relatively little research has explored the role of the racial composition of the police and its association with race‐specific arrest rates. Furthermore, no research has explored the association between arrest probabilities for Black and White offenders and police organizational factors. Using data from the 2000 National Incident‐Based Reporting System (NIBRS), the 2000 Law Enforcement Management and Administrative Statistics (LEMAS), and the 2000 decennial Census, the present exploratory study employs multilevel modeling to examine the association between police organizational factors including the percentage of the police force that is Black and arrest probabilities for offenders involved in 19,099 aggravated assaults and 100,859 simple assaults across 105 small cities. Results show that for simple assaults, the relative size of the Black police force is associated with the risk of arrest for both Black and White offenders. Furthermore, departments with relatively more Black police officers are found to have the largest gap in the arrest probabilities for White and Black offenders, although Whites are more likely to be arrested for assaults than Blacks, regardless of the racial composition of the police. Results also show those departments with more written policy directives, relatively larger administrative component, a higher educational‐level requirement, and centralized police departments have the highest arrest probabilities. Implications of these findings and recommendations for further research are discussed.     

POLICING RACE: THE RACIAL STRATIFICATION OF SEARCHES IN POLICE TRAFFIC STOPS*

Research on race effects in police traffic stops is theoretically underdeveloped. In this study, we derive propositions from Donald Black's theory of law to explain the interaction effects of officer and driver race on searches in traffic stops in St. Louis, Missouri. Our citywide results and those for stops in predominantly White communities are generally consistent with the theory: Searches are more likely in stops of Black drivers than in those of White drivers, especially by White officers, controlling for other characteristics of the officer, driver, and stop. In predominantly Black communities, however, stops of White drivers by White officers are most likely to result in a search. We interpret both sets of results as manifestations of racial profiling in segregated communities and suggest that Black's theory of law remains a promising theoretical framework for future research on the continuing significance of race‐based policing in the United States.     

Seen or Unseen? The Role of Race in Police Contact among Homeless Youth

Homeless youth are at an increased risk of police contact—being stopped by police and arrested, yet it is less clear if this interaction is patterned by race. The current study draws on diverse scholarship to examine three possible effects of race on homeless youths’ interaction with police: that non-White homeless youth are more likely (disproportionate minority contact/symbolic assailants), less likely (out-of-place policing) or no different than White youth (master status) to experience police contact. Using the Midwest Longitudinal Study of Homeless Adolescents, we examine homeless youths’ odds of self-reported police harassment and arrest. Non-White homeless youth are more likely to report police harassment and arrest, but living on the street neutralizes these racial disparities. Further, prior police harassment is linked to subsequent arrest, operating similarly for White and non-White homeless youth. We discuss the implications of these findings for advancing scholarship on the challenges faced by homeless youth.     

A comparison of bail amounts for hispanics, whites, and african americans: A single county analysis

Using 1996 data on defendants accused of felony offenses derived from a district court in a Midwestern jurisdiction, the authors employ bivariate and multivariate analyses to examine for significant differences between Hispanics and other racial and ethnic groups in the dependent variable, bail amount set by judge. To predict differences in the bail amount set by judges for Hispanic and other defendants, the multiple regression controls for two independent “legal” variables, prior arrest and seriousness of the instant offense, and for the “extra-legal” variables of age, gender, type of attorney, residency, and race. Our research shows that Hispanics receive higher bail amounts than White or African Americans; leading the authors to cast doubt on the tenets of “legal theory” which has gained attention as a model for explaining why members of racial or ethnic minorities receive harsher treatment at various stages of the criminal and juvenile justice system.     

ASSOCIATIONS OF FATHERS' HISTORY OF INCARCERATION WITH SONS' DELINQUENCY AND ARREST AMONG BLACK,WHITE, AND HISPANIC MALES IN THE UNITED STATES*

Nearly 13 percent of young adult men report that their biological father has served time in jail or prison; yet surprisingly little research has examined how a father's incarceration is associated with delinquency and arrest in the contemporary United States. Using a national panel of Black, White, and Hispanic males, this study examines whether experiencing paternal incarceration is associated with increased delinquency in adolescence and young adulthood. We find a positive association with paternal incarceration that is robust to controls for several structural, familial, and adolescent characteristics. Relative to males not experiencing a father's incarceration, our results show that those experiencing a father's incarceration have an increased propensity for delinquency that persists into young adulthood. Using a national probability sample, we also find that a father's incarceration is highly and significantly associated with an increased risk of incurring an adult arrest before 25 years of age. These observed associations are similar across groups of Black, White, and Hispanic males. Taken as a whole, our findings suggest benefits from public policies that focus on male youth “at risk” as a result of having an incarcerated father.     

The historical trajectory of the black family: Ethnic differences in leaving home over the twentieth century

This article examines the historical trajectory of the Black family by documenting changes in leaving home among race and ethnic groups in the United States over the course of the twentieth century. The analysis uses data from the National Survey of Families and Households, a retrospective study of 13,008 US adults interviewed in 1987/88 about their past and current family experiences. A competing risks, proportional hazards statistical analysis allows an evaluation of the changing probabilities of leaving home by a given route (e.g., marriage, school, military). The article contrasts the effects of being Black, Hispanic, or non-Hispanic White on leaving home, distinguishing patterns early in the twentieth century (World War II or earlier) from those current during two periods later in the century (the baby boom years, Vietnam and after). There were major racial changes in ages at leaving home and in the routes taken out of the home. Trend data show convergences between White nonHispanics and Hispanics but divergences for Blacks. Black Americans participated far less than Whites in the decline in age at leaving home, primarily because of delays in leaving home for marriage and to obtain work.