The Impact of Race on the Pretrial Decision

This study examined the effect of race on the pretrial release decision for drug offenders. Although this decision point has not been examined as extensively as the final sentencing decision, it is a critical discretion point which impacts defendants’ future sentencing outcomes. The results found that race had a significant impact on judges’ decisions to release a defendant on recognizance, with black defendants less likely to receive this release status. Race was not significant, however, in the decision of bail amount or in the likelihood to post bail. These results are consistent with the focal concerns perspective which suggests that black defendants are viewed by courts as more dangerous and blameworthy and thereby, less likely to be released on their own recognizance.     

RACIAL AND ETHNIC DIFFERENCES IN PRETRIAL RELEASE DECISIONS AND OUTCOMES: A COMPARISON OF HISPANIC,BLACK, AND WHITE FELONY ARRESTEES*

The present study uses data on the processing of felony defendants in large urban courts to examine Hispanic, black, and white differences at the pretrial release stage. The major finding is that Hispanic defendants are more likely to be detained than white and black defendants. And, racial/ethnic differences are most pronounced in drug cases. In fact, Hispanic defendants suffer a triple burden at the pretrial release stage as they are the group most likely to be required to pay bail to gain release, the group that receives the highest bail amounts, and the group least able to pay bail. These findings are consistent with a focal concerns perspective of criminal case processing that suggests Hispanics as a newly immigrated group are especially prone to harsher treatment in the criminal case process.     

Gender and Case Processing Decisions

ABSTRACT

Research conducted during the past twenty years has not provided definitive answers to questions concerning the effect of gender on criminal justice decision making. Some researchers conclude that females receive preferential treatment, while other conclude either that there are no differences or that females are treated more harshly than males. This study uses data on male and female defendants charged with violent felonies to examine the effect of gender on seven case processing decisions. We also probe for interactions between defendant gender and defendant race. We find that female defendants are more likely than male defendants to have all of the charges against them dismissed and that females are sentenced less harshly than males. We also find that gender and race interact. The results of our analysis cast doubt on the validity of the so-called “evil woman thesis” and highlight the importance of testing an interactive model that incorporates the effects of both gender and race.     

Capital Jury Deliberation: Effects on Death Sentencing,Comprehension, and Discrimination

This study focused on whether and how deliberations affected the comprehension of capital penalty phase jury instructions and patterns of racially discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. The participants provided their initial “straw” sentencing verdicts individually and then deliberated in simulated 4–7 person “juries.” Results indicated that deliberation created a punitive rather than lenient shift in the jurors’ death sentencing behavior, failed to improve characteristically poor instructional comprehension, did not reduce the tendency for jurors to misuse penalty phase evidence (especially, mitigation), and exacerbated the tendency among White mock jurors to sentence Black defendants to death more often than White defendants.     

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.     

Criminal justice decision making as a stratification process: The role of race and stratification resources in pretrial release

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a composite construct, stratification resources, which works to the greater advantage of whites. Prior record is also found to operate to the greater advantage of whites. Two further variables, dangerousness and community ties, increase bail severity among blacks and whites. While the effect of community ties has been legally legitimized since the Bail Reform Act of 1966, the effect of dangerousness was not so legitimized until the Bail Reform Act of 1984. However, because our data precede the latter act, they confirm that this act simply reinstitutionalized earlier practice. Meanwhile, our race-specific findings may explain why although this and earlier studies find negligible main effects of race on criminal justice outcomes, black Americans nonetheless perceive more criminal injustice than do whites. In the criminal justice system, as in other spheres of American society, whites receive a better return on their resources, but our findings that the statutory severity of the offense and dangerousness work to the relative disadvantage of white defendants challenges conflict and labeling theory's one-dimensional characterization of black defendant disadvantage.     

REASSESSING RACE DISPARITIES IN MARYLAND CAPITAL CASES*

A generation of research studies that were conducted in multiple states and covered different time periods has found evidence that individuals who kill white victims encounter a greater risk of facing the death penalty than killers of black victims. More recently, research has also examined the likelihood of death penalty processing for black defendants who kill white victims in comparison with other defendant–victim race groups. In particular, a study in Maryland conducted by Paternoster et al. (2003) found evidence that offenders in black defendant–white victim cases were more likely to be death noticed by prosecutors and to receive a death sentence than other offenders. A recent analysis by Berk, Li, and Hickman (2005) raised questions about some of these findings. In this article, we conduct new analyses and conclude that black defendants who kill white victims face a greater risk of adverse treatment than other types of defendants.     

Prosecutorial discretion in seeking death: An analysis of racial disparity in the pretrial stages of case processing in a midwestern county

In the 1987 case of McCleskey v. Kemp, the U.S. Supreme Court appeared to foreclose the possibility of challenging racial bias in capital sentencing by using statistically based claims of discrimination. McCleskey, however, does not prevent a challenge to decisions made by particular individuals during the capital punishment process. In this study we examined pretrial decisions made by, or under the direction of, one prosecutor to determine whether those decisions had been influenced by race. We found that homicide cases involving black defendants and white victims fared worse than other racial combinations in all of the pretrial decisions made: They were more likely to result in first-degree murder charges, to be served notice of aggravating circumstances, and to proceed to capital trial.     

Racial and ethnic disparity in pretrial criminal processing

This study uses data on the processing of felony defendants in large urban courts to analyze racial and ethnic disparities in pretrial processing. There are three major findings. First, racial disparity is most notable during the decision to deny bail and for defendants charged with violent crimes. Second, ethnic disparity is most notable during the decision to grant a non‐financial release and for defendants charged with drug crimes. Third, when there is disparity in the treatment of Black and Latino defendants with similar legal characteristics, Latinos always receive the less beneficial decisions. These findings are consistent with the theoretical perspective offered, which suggests that stereotypes influence criminal processing when their specific content is made salient by either the concerns relevant to a particular processing decision or the crime type of a defendant’s primary charge.     

THE IMPACT OF THE ETHNICITY AND GENDER OF DEFENDANTS ON THE DECISION TO REJECT OR DISMISS FELONY CHARGES*

While social scientists have long been interested in the issue of racial and sexual discrimination within the criminal justice system, they have concentrated on the decisions to convict and sentence and have paid relatively little attention to the decision to prosecute. This study examines the issue of pretrial discrimination by focusing on the prosecutor's decision to reject or dismiss charges against black, Anglo, and Hispanic male and female defendants in Los Angeles. The data reveal a pattern of discrimination in favor of female defendants and against black and Hispanic defendants. Hispanic males are most likely to be prosecuted fully, followed by black males, Anglo males, and females of all ethnic groups.     

Discrimination and Instructional Comprehension: Guided Discretion,Racial Bias,and the Death Penalty

This study links two previously unrelated lines of research: the lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.     

Is the Process the Only Punishment?: Racial–Ethnic Disparities in Lower-Level Courts

Although misdemeanors make up the bulk of criminal cases in the United States, the majority of research on court decision-making examines felony sentencing. In contrast to felony courts, lower-level courts are characterized by higher case volumes and increased reliance on informal sanctions, which may contribute to greater racial–ethnic disparities. To assess this possibility, we examine pretrial detention and case processing outcomes for misdemeanants in Miami-Dade County, Florida. Utilizing temporal (detention time) and monetary (bond amount) measures of pretrial detention, we assess whether and to what extent there are racial–ethnic disparities in formal and informal sanctions facing misdemeanants. Results indicate that black defendants, especially black Latinx defendants, face greater informal sanctions (longer detention and higher bond amounts), are more likely to be convicted, and experience more severe formal sanctions than do white non-Latinx defendants. These findings complicate Feeley's (1979) argument about lower-level cases, revealing that black defendants are punished by both the court process and formal sanctions. In this way, “the process is the punishment” for lower-level white and nonwhite defendants, while the punishment is also the punishment for black defendants.     

The Impact of Prejudice Screening Procedures on Racial Bias in the Courtroom

The current study examines the impact of the challenge for cause procedure and its effectiveness in curbing racial prejudice in trials involving Black defendants. Participants were provided with a trial summary of a defendant charged with either drug trafficking or embezzlement. The race of the defendant was either White or Black, with participants in the Black defendant condition receiving (prior to the trial presentation) either no challenge, a close-ended standard challenge, or a modified reflective pretrial questioning strategy. Overall, the results revealed an anti-Black bias in judgments. While the closed ended challenge did little to reduce this bias, the reflective format demonstrated a reduction in racial bias. Theoretical and applied implications of these findings are discussed.

Improving court-appearance rates through court-date reminder phone calls

Without a defendant’s appearance in court, the adjudication of criminal charges cannot proceed. The low defendant court appearance rates of Lafayette Parish, Louisiana were identified as a high priority to address. A pilot project was implemented, in which, Lafayette Parish Sheriff’s Office (LPSO) Information Officers would call defendants approximately 5–9 days before their pretrial court appearance. This process began in September 2014. LPSO staff attempted to call all non-incarcerated or diverted defendants with known contact information. LPSO staff documented when calls were made and the type of response (spoke to defendant, left a voicemail, no answer, inoperable phone or spoke to friend or family member). Calls were made to defendants with court appearances in arraignment hearings, misdemeanor pretrial and trial, felony pretrial and traffic court. Court appearance rates for all court hearings increased from 48 to 62%.     

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.     

Juror Sensitivity to the Cross-Race Effect

Black and White mock jurors' sensitivity to the cross-race effect was investigated by varying the race of the eyewitness in a simulated murder trial of a Black defendant. Participants heard an audiotape of a trial after which they rendered a verdict and rated the credibility of the witnesses. White participants found the prosecution witnesses (including the eyewitness) more credible, and the defense witness less credible, than did Black participants; they were also more likely to find the defendant guilty. The Black eyewitness was perceived as more credible than was the White eyewitness, but eyewitness race had no effect on verdict. These results are consistent with the literature indicating that jurors of different races reach different verdicts, and also that jurors are relatively insensitive to factors that affect eyewitness testimony, such as the cross-race effect.     

Is a Plea Really a Bargain? An Empirical Study of Six Cities in China

There is a belief in the criminal justice system that it is better to take a plea offer to avoid uncertain consequences than risk going to trial. Prior studies using the data in Anglo-American courts have suggested that many legal and extralegal factors influence the decision of a guilty plea versus trial. China developed its own plea-bargaining system in 2016. Using 6826 DUI cases adjudicated in six cities, this study examines what factors affect the decision of a guilty plea and whether the guilty plea brings true benefits in Chinese courts. The results show that more serious crimes and more dangerous defendants were less likely to be disposed of through guilty pleas (as opposed to going to trial). One possible explanation is that prosecutors may make more punitive offers in these cases, which in turn discourages defendants from accepting them. In addition, using a propensity score weighting technique to control for potential confounding variables, this study finds that defendants who pleaded guilty were more likely to receive favorable case outcomes regarding pretrial detention and probation decision, which supports the argument that a guilty plea could help a defendant to avoid the “trial penalty” in Chinese criminal justice system.

     

The percentage deposit bail system: An alternative to the professional bondsman

Bail bondsmen in the United States help defendants gain pretrial release. The preminums paid to bondsmen are not returned to the defendants. A percentage deposit bail project in two Massachusetts courts allowed defendants to gain their release by depositing 5% of the amount of bail with the court. These deposits were returned in full to the defendants upon completion of their cases, saving them large sums of money. Moreover, the rate at which defendants failed to appear in court as scheduled was no higher under this percentage deposit system than under the traditional bail bondsman system.