The continuing salience of race: Discrimination and diversity in South Africa

The end of apartheid has brought a resurgence of research into racial identities, attitudes and behaviour in South Africa. The legacy of systematic racial ordering and discrimination under apartheid is that South Africa remains deeply racialised, in cultural and social terms, as well as deeply unequal, in terms of the distribution of income and opportunities. South Africans continue to see themselves in the racial categories of the apartheid era, in part because these categories have become the basis for post-apartheid ‘redress’, in part because they retain cultural meaning in everyday life. South Africans continue to inhabit social worlds that are largely defined by race, and many express negative views of other racial groups. There has been little racial integration in residential areas, although schools provide an important opportunity for inter-racial interaction for middle-class children. Experimental and survey research provide little evidence of racism, however. Few people complain about racial discrimination, although many report everyday experiences that might be understood as discriminatory. Racial discrimination per se seems to be of minor importance in shaping opportunities in post-apartheid South Africa. Far more important are the disadvantages of class, exacerbated by neighbourhood effects: poor schooling, a lack of footholds in the labour market, a lack of financial capital. The relationship between race and class is now very much weaker than in the past. Overall, race remains very important in cultural and social terms, but no longer structures economic advantage and disadvantage.     

DOWNWARD DEPARTURES FOR SERIOUS VIOLENT OFFENDERS: LOCAL COURT “CORRECTIONS” TO PENNSYLVANIA'S SENTENCING GUIDELINES*

We examine downward departures for serious violent offenders, using quantitative and qualitative data from Pennsylvania. We find that offense severity and prior record have negative direct effects on downward departures, but a positive interaction effect on them. Offenders convicted of aggravated assault, those who plead guilty, young black women, and offenders sentenced in large urban courts are more likely to receive downward departures, whereas those convicted by trial, young Hispanic males, and offenders sentenced in small rural courts are less likely to receive them. We argue that downward departures represent local “corrections” to guideline recommendations when there is a mismatch between guidelines and local court actors' definitions of key focal concerns of sentencing for serious violent offenders.     

RACIAL AND ETHNIC DISPARITIES IN SENTENCING DEPARTURES ACROSS MODES OF CONVICTION*

Recent analyses of guideline sentencing practices have demonstrated that sentences departing from guidelines serve as a significant locus of racial/ethnic and other extralegal disparity. Little is known, however, about the ways that different courtroom processes, such as modes of conviction, condition these effects. Using recent data from the Pennsylvania Commission on Sentencing (PCS), I analyze the overall effects of race/ethnicity and other factors on judicial decisions to depart from the sentencing guidelines, and then I reexamine these relationships according to four modes of conviction (non‐negotiated pleas, negotiated pleas, bench trials, and jury trials). I argue that the mode of conviction provides a useful indicator of the differential exercise of discretion by different courtroom actors in the sentencing process. As such, it is likely to condition the use of stereotypical patterned responses, thus moderating the effects of race/ethnicity and other relevant sentencing factors. Findings support this expectation, demonstrating that extralegal effects vary considerably across modes of conviction. These results raise important questions about the role of different courtroom actors in contributing to racial and ethnic disparities under sentencing guidelines.     

A MULTILEVEL TEST OF RACIAL THREAT THEORY

We develop a conceptual model articulating the mechanisms by which racial threat is theorized to affect social control, focusing specifically on the influence of the relative size of the black population on the likelihood that the police will arrest a black citizen suspected of a violent criminal offense. A multilevel analysis of 145, 255 violent crimes reported to police in 182 cities during 2000 shows only qualified support for racial threat theory. Controlling for the amount of race-specific crime reported to police, our findings reveal that black citizens actually have a lower probability of arrest in cities with a relatively large black population. This finding tends to cast doubt on the validity of the racial threat hypothesis. No evidence buttresses the claim that economic competition between whites and blacks affects arrest probabilities. However, results show that in cities where racial segregation is more pronounced blacks have a reduced risk sof being arrested relative to whites. Crimes involving black offenders and white victims are also more apt to result in an arrest in cities that are racially segregated. These findings support the view that racial segregation is an informal mechanism to circumscribe the threat of potentially volatile subordinate populations.     

“Os Bons Colonizadores”: Cuba's Educational Mission in Angola, 1976–1991

This article examines the rhetorical construction of race and racial identities by letter writers in a US-based, South African newsletter. I highlight the rhetoric of crime, the strategic rhetoric of implying race, the construction of blackness, the rhetoric of white victimization, and the relationship between whiteness and nationality. I conclude with a brief query as to whether these letters are exemplary of racist discourse.     

现代人面颅角度测量的种族差异性

目的探索面颅角度指标在种族鉴定方面的差异性。方法选取现代人头骨57例,其中中国黄种人头骨30例（女性9例,男性21例）,包括吉林1例,河北5例,山东4例,青海4例,安徽4例,江西3例,云南3例,贵州3例,广西3例。欧洲自种人头骨27例,性别不详,取自欧洲Zellemdorf、Vresovice、Kysperka3地。按体质人类学测量方法,通过参考相关文献和对颅骨形态特点的观察,设计面颅左侧眶角、右侧眶角、鼻颌角3个角度指标进行测量。对测量数据进行描述性统计分析和两独立样本之间的t检验。结果3个角度指标在种族差异性方面,眶角的种族差异性具有显著统计学意义（P〈0．01）,而鼻颌角之间的种族差异性无统计学意义（P〉0．05）。结论有些角度指标显示出明显的种族差异性,今后需要加强此方面的研究。     

面颅种族判定的测量研究

通过对国内外面颅种族判定测量研究现状的回顾和评析,指出目前尚没有进行中国黄种人面颅测量种族判定的有效方法。在已进行的面颅种族判定测量研究中,上面部指标的种族判定效果最好,而上腭区和下颌骨指标的种族判定效果较差。所以对于中国黄种人面颅种族判定的测量研究应当更多借鉴上面部的研究成果。     

TRANSFERRED JUVENILES IN THE ERA OF SENTENCING GUIDELINES: EXAMINING JUDICIAL DEPARTURES FOR JUVENILE OFFENDERS IN ADULT CRIMINAL COURT*

This study contributes to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two states, one with presumptive sentencing guidelines (Pennsylvania) and one with voluntary guidelines (Maryland). Propensity score matching is first used to create more comparable samples of juvenile and young adult offenders, and then Tobit regressions are employed to estimate the effect of juvenile status on the likelihood and length of departures. Our findings indicate that juvenile status significantly affects the use of upward departures in Pennsylvania, and the use of both downward and upward departures in Maryland. Judicial reasons for departure are examined to provide additional insight into the complex dynamics surrounding exceptional sentences for juvenile offenders sentenced in adult court.     

THE POWER OF DIVERSION: INTERMEDIATE SANCTIONS AND SENTENCING DISPARITY UNDER PRESUMPTIVE GUIDELINES*

Fiscal constraints and shifting political climates in corrections have recently led to a renewed interest in intermediate punishments. Despite their growing prevalence, though, relatively little empirical research has examined the judicial use of alternative sanctions as a sentencing option. By using 3 years of data from the Pennsylvania Commission on Sentencing (PCS), this study investigates little‐researched questions regarding the use of sentencing alternatives among offenders and across contexts. Results indicate that male and minority offenders are the least likely to receive intermediate sanctions, both as a diversionary jail or prison sentence and as a substitute for probation. The probability of receiving an intermediate sanction also varies significantly across judges and court contexts and is related to county‐level funding for these programs, among other factors. Findings are discussed as they relate to contemporary theoretical perspectives on the perceived suitability of intermediate punishments and on the unique role that offender agency plays in the sentencing of these cases. Directions for future research are discussed.