Sentence length: Interactions with race and court

Sentencing research tends to focus on two questions. First, do some categories of offenders receive substantially different sentences than do other categories of offenders, for the same or similar offenses? Second, do some courts give substantially different sentences, when compared to other courts, for the same or similar offenses? Focusing on these questions, researchers have typically examined the impact of three types of variables on either sentence length or sentence type: defendant status variables (e.g., race, education), extra-legal process factors (e.g., court, plea), and legal factors (e.g., seriousness of offense, prior convictions). Study results have been contradictory and inconclusive.The problem with sentencing studies is that only main effects are examined. A more appropriate model is one that contains the interactions between the defendant's race (black/white) and the other independent variables, and the interactions between the court's locale (urban/rural) and the other independent variables.Using data collected in 1978 on 412 male prisoners in Maryland, four interaction terms were found to contribute to an understanding of sentencing decisions. It was found that blacks received longer sentences than whites, net of all other variables. However, whites received lengthier sentences for more serious offenses. In comparison to blacks, whites received lengthier sentences when they used more court resources. It was found that rural jurisdictions give lengthier sentences than urban jurisdictions, net of all other variables. However, in comparison to rural courts, urban courts give lengthier sentences when the defendant uses more court resources. More serious offenses receive lengthier prison terms in rural, as compared to urban, courts.     

JUDGES' UNEQUAL CONTRIBUTIONS TO EXTRALEGAL DISPARITIES IN IMPRISONMENT*

How do judges in the same court system contribute differentially to extralegal disparities in sentencing? Analyses of felony sentencing in an urban Ohio trial court uncovered two distinct but equal-sized groups of judges that differed in the magnitude of extralegal correlates to imprisonment. Within the group of judges reflecting substantive extralegal correlates to prison sentences, demographic correlates (based on defendants' race, sex, age, and the interaction between them) were more pervasive across judges relative to social demographic correlates (based on education, residence length, and means of financial support). The directions of significant relationships involving a defendant's race, age, and means of support also were inconsistent across judges. These interjudge differences suggest that analyses of cases pooled across judges at either the jurisdiction or the state level might over- or understate the relevance of particular attribution theories of sentencing disparities.     

THE IMPRISONMENT PENALTY PAID BY YOUNG, UNEMPLOYED BLACK AND HISPANIC MALE OFFENDERS

A recent study of sentencing decisions in Pennsylvania (Steffensmeier et al., 1998) identified significant interrelationships among race, gender, age, and sentence severity. The authors of this study found that each of the three offender characteristics had significant direct effects on sentence outcomes and that the characteristics interacted to produce substantially harsher sentences for one category of offenders—young black males. This study responds to Steffensmeier et al.'s (1998:789) call for "further research analyzing how race effects may be mediated by other factors." We replicate their research approach, examining the intersections of the effects of race, gender, and age on sentence outcomes. We extend their analysis in three ways: We examine sentence outcomes in three large urban jurisdictions; we include Hispanics as well as blacks and test for interactions between ethnicity, age, and gender; and we test for interactions between race/ethnicity, gender, and employment status. Our results are generally—although not entirely—consistent with the results of the Pennsylvania study. Although none of the offender characteristics affects the length of the prison sentence, each has a significant direct effect on the likelihood of incarceration in at least one of the jurisdictions. More importantly, the four offender characteristics interact to produce harsher sentences for certain types of offenders. Young black and Hispanic males face greater odds of incarceration than middle-aged white males, and unemployed black and Hispanic males are substantially more likely to be sentenced to prison than employed white males. Thus, our results suggest that offenders with constellations of characteristics other than "young black male" pay a punishment penalty.     

The Impact of the Rape/Sexual Assault Statutory Aggravating Factor on Death Sentencing Decision Making in Capital Murder Trials in North Carolina (1977–2009): A Propensity Score Matching Approach

It was not too many decades ago that rape was a crime for which the death penalty was a permissible punishment in the United States, particularly in death penalty states in the South. Relatedly, historical and contemporary death penalty research almost always focuses on the role of the race of the defendant and, more recently, the race of the victim and defendant–victim racial dyads as being relevant factors in death penalty decision making. As such, the current study employs data from official court records for the population of capital trials (n = 954) in the state of North Carolina (1977–2009) to evaluate the effect of the rape/sexual assault statutory aggravating factor on jurors’ decision to recommend the death penalty. Results suggest that cases in which rape is an aggravating factor had a significantly greater odds of receiving a death penalty recommendation, and these results are robust after also considering the independent effects of defendant–victim racial dyads, even following the application of propensity score matching to equate cases on a host of defendant and victim characteristics, legal and extralegal confounders, and case characteristics. Study limitations and implications are discussed.     

SEX‐BASED DISPARITIES IN FELONY DISPOSITIONS BEFORE VERSUS AFTER SENTENCING REFORM IN OHIO*

Extending Koons‐Witt's (2002) study of whether sex‐based disparities in imprisonment likelihoods changed under sentencing guidelines in Minnesota, we examined similar models for Ohio with additional analyses of felony conviction likelihoods and sentence length for 5,472 felony defendants from twenty‐four trial courts. The main effects of a defendant's sex on imprisonment were significant during both periods (unlike the Minnesota findings), consistent with a chivalry perspective. Random coefficient models revealed that these effects were similar across the twenty‐four jurisdictions. Analyses also revealed significant postguideline reductions in sentence length disparities based on a woman's race and number of dependent children, yet increased disparities in imprisonment likelihoods postguidelines based on a woman's race and whether she was convicted on drug charges. These and other findings are discussed in the context of the Ohio legislature's implementation of a sentencing scheme that retains considerably more judicial discretion relative to Minnesota's template.     

Convicting and incarcerating felony offenders of intimate assault and the odds of new assault charges

The effectiveness of harsher sanctions for domestic violence offenders is an important topic given legislative trends in “getting tough” with these offenders. This article takes a rare look at felony domestic violence, specifically felony assaults on female intimates, with an analysis of whether conviction, jail, and imprisonment are related to the odds of subsequent charges among 353 male defendants from twenty-four Ohio trial courts of general jurisdiction. Each defendant was followed up for two years after his original case was closed and his sentence (if any) was served. Conviction and jail sentences were both related to significantly lower likelihoods of recharging for intimate assault, but prison sentences were not related to these odds. These findings are discussed in relation to the potential importance of reducing short-term opportunities for violence in order to prevent future harm.     

Individual and Environmental Influences on Prison Officer Safety

Prison officers are exposed to violence and other safety risks at rates higher than workers in most occupations are, and indicators of workplace safety have been linked to a number of negative health and occupational outcomes among officers. Yet, few researchers have examined the sources of prison officer safety. Using data collected from over 1,800 officers working in 45 prisons, we apply a multi-level opportunity framework to examine the individual and environmental influences on objective and subjective measures of officer safety. Our analysis revealed that officer safety is affected by officers’ routines (e.g. frequency of contact with inmates) and characteristics that might reflect officers’ suitability as targets (e.g. age, race). We also observed that indicators of both micro- (e.g. coworker support) and macro-level (e.g. architectural design) guardianship influence prison officers’ safety.     

Life Before “I Killed the Man That Raped Me”: Pre-Prison Life Experiences of Incarcerated Women With Life Sentences and Subsequent Treatment Needs

The number of incarcerated women serving a life sentence is growing. This subpopulation rarely receives programming in prison or even inclusion in intervention studies’ samples. According to importation theory, characteristics of prisoners’ pre-prison experiences guide the types of interventions provided to prisoners. This study examined the importation factors for a sample of women serving life sentences and used thematic analysis to understand these factors. The primary theme was the dominance of trauma in women’s pre-prison lives with four connected sub-themes that highlight treatment needs pre-and during prison. One implication of this study is improving prison policies to include this subpopulation in treatment opportunities.     

Short‐ versus long‐term effects of Ohio's switch to more structured sentencing on extralegal disparities in prison sentences in an urban court*

Research Summary The impact of Ohio's presumptive guidelines on sentencing disparities was examined for one of the state's largest jurisdictions to determine whether the switch to more structured sentencing in 1996 had any enduring effects. Sentencing patterns were examined both before and shortly after the 1996 reform, as well as 9 years later. Findings revealed weaker race and marital status effects on imprisonment under guidelines versus stronger age effects, no changes in disparities based on a defendant's sex and means of support, and (virtually) no changes in the magnitude of legally relevant effects. Policy Implications Ohio's guidelines are more flexible relative to other guideline schemes, possibly accounting for the general stability in effects across regimes. Ohio has since transitioned to voluntary guidelines, which raised concerns that the change will yield higher levels of sentencing disparities. Findings suggest that the transition may coincide with no changes in legal effects, yet with greater disparities based on a defendant's race and marital status.     

Juror decision making for juveniles tried as adults: the effects of defendant age,crime type,and crime outcome

This study examined the influences of the crime type (person or property) and the crime outcome (mild or severe) on mock jurors’ verdict and sentencing decisions for adult defendants and juvenile defendants tried as adults. Jurors read a trial summary depicting a defendant charged with aggravated robbery or second-degree burglary. The crimes had either mild or severe damage inflicted on the person or property, and the defendant's age was presented as 14 or 24. Neither the defendant age nor the crime outcome affected jurors’ verdicts; however, jurors were more likely to convict a defendant charged with a crime against a person. Jurors recommended longer sentences for an adult defendant, a defendant charged with a crime against a person, and a defendant charged with a crime with a severe outcome. The discussion explored these outcomes and the role of bias in jurors’ perceptions of defendants.     

The Effect of Pretrial Detention on Sentencing in Two Federal Districts

While a substantial body of research indicates that legal variables, such as offense severity and criminal history, principally shape sentencing decisions, other studies demonstrate that extralegal factors such as race, gender, and age influence sentencing outcomes, as well. The handful of studies focusing upon the effect of pretrial detention/release on sentencing outcomes indicate that pretrial detention is associated with greater lengths of incarceration. This study—the first to empirically examine the sentencing consequences of pretrial detention in the United States federal courts—employed a sample of 1,723 cases from two district courts (New Jersey and Pennsylvania Eastern). Pretrial detention and, to a lesser degree, revocation of granted pretrial supervision were associated with increased prison sentences; on the other hand, successfully completing a term of pretrial services supervision was associated with shorter sentence length. Implications for the federal criminal justice system are discussed.     

Hidden corporate profits in the U.S. prison system: the unorthodox policy-making of the American Legislative Exchange Council

Using a leaked document trove containing 800 model bills, we analyze the American Legislative Exchange Council’s (ALEC) hidden corporate profit making in the prison–industrial complex. We find that ALEC seeks to expand the private prison industry in three ways: (1) promoting greater use of private prisons, goods, and services, (2) promoting greater use of prison labor, and (3) increasing the size of the prison population. ALEC’s efforts to increase the prison population by expanding definitions of existing crime, creating new crimes, enhancing enforcement of existing crimes, amending the trial process to increase the likelihood of incarceration, and lengthening prison sentences for crimes pose a threat to civil liberties. ALEC’s unorthodox policy approach exemplifies John Gaventa’s theory that powerful interests maintain their power by creating conditions in which citizens are not able to identify and advocate on behalf of their interests.     

Public attitudes toward prison capacity expansion in Mississippi

This paper presents the results of an exploratory study designed to identify and determine the effects of social and economic factors on Mississippians’ attitudes toward prison expansion strategies. Data were obtained from a statewide survey, utilizing a random digit dialing telephone sampling procedure. The study sample consists of 606 respondents. Favorable attitudes toward correctional facilities were hypothesized to be explained by fear of crime, presence of an existing facility, perceived economic impact of prisons, gender, race, age, and income. The results of the regression analysis revealed that the presence of an existing prison facility, perceived economic benefits, race, and education were significant predictors of attitudes toward prison expansion strategies among Mississippians. Possible explanations for the findings and directions for future research are discussed. This research was supported by grant #30401903821 from the Department of Public Safety, Division of Public Safety Planning of the Governor’s Office, Jackson, Mississippi. Please send all correspondence to: Craig Robertson, Dept. of Sociology, Montana State University, Bozeman, MT. 59717.     

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.     

Racial prejudice in the canadian legal system

The effects of defendant and victim race and the impact of judicial instructions on defendant verdict were examined using a simulated videotaped rape trial. Subjects were 243 Canadian university students randomly assigned to one of eight conditions. Subjects were asked to assume the role of juror and to view a videotape of a simulated rape trial. The results indicated that the defendant's overall attractiveness or “positive appeal” was the best predictor of defendant guilt, above and beyond defendant race. Neither victim characteristics nor the presence of judicial instructions was found to have predictive utility. Results are contrasted with findings from simulation studies in the United States.     

An Examination of Defendant Sex Disparity in Capital Sentencing: A Propensity Score Matching Approach

Although much prior work has examined the influence of extralegal factors on jury capital sentencing decision-making, the influence of defendant sex has been largely omitted from previous investigations. Using propensity score matching methods, the current study analyzes data from the North Carolina Capital Sentencing Project to examine whether “sex matters” in capital sentencing. Findings demonstrated that prior to matching there was a significant difference in the likelihood of receiving the death penalty for female and male defendant cases; however, after matching cases on an array of legal and extralegal case characteristics, these differences were no longer significant. Further results revealed that male defendants’ cases included different aggravating and mitigating factors than female defendants’ cases and that female defendants had limited “paths” to capital trials. Findings suggest that any apparent sex effects that are observed in capital sentencing stem from real differences in the case characteristics found in female and male defendants’ cases rather than any direct effects of defendant sex on jury decision-making. Study limitations and implications for death penalty research are also discussed.     

Sentencing practices under the Arkansas sentencing guideline structure

In the last thirty years, research on differential sentencing practices became one of the dominant thrusts of academic interest in criminal justice studies. This was mainly because several reforms had been added to the various sentencing structures in the United States, one of which was the adoption of guideline based sentencing strategies. Although several studies were conducted regarding the impact of these guidelines, these were provided by a limited number of sources. For instance, the majority of this research was conducted on data collected by the United States Sentencing Commission and the Pennsylvania Sentencing Commission. This study attempted to further the discussion on sentencing practices by examining data from a new source, the Arkansas Office of Courts. This study first examined the judge's decision to imprison and jail the defendant using logistic regression, and second, for those individuals incarcerated, OLS and negative binomial regression analyses were conducted to explore potential disparities in the length of prison and jail sentences. The results of this analysis in Arkansas illustrated striking comparisons to studies that were conducted on other guideline structures. The legally relevant variables were the greatest predictors of whether or not an offender was sentenced to prison. Extralegal variables, on the other hand, had negligible effects. Implications for policy are also discussed.