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The intersection of defendants' race, gender, and age in prosecutorial decision making
Authors:Travis W Franklin
Institution:College of Criminal Justice, Sam Houston State University, P. O. Box 2296, Huntsville, TX 77341-2296, United States
Abstract:A growing body of research examined the ways in which various legal and extralegal factors influence prosecutors' charging decisions. Though the results of these studies were mixed, some researchers reported that extralegal factors had little or no effect on important decisions such as case rejection and dismissal. The majority of this research, however, suffered from a considerable shortcoming—that is, most studies considered the direct effects of measures such as age, race, and gender, but failed to consider the potential interactions that might occur between these factors. Consequently, the present research employed a nationally representative sample of felony drug defendants to address this issue by examining whether or not age and gender condition the effect of race on prosecutors' decisions to dismiss criminal charges. Implications of the findings are discussed in the context of theory, research, and policy.
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