Abstract

http://ssrn.com/abstract=2095594
 
 

References (95)



 


 



Structural Bias in the Sentencing of Felony Defendants


John R. Sutton


University of California-Santa Barbara

December 13, 2011

7th Annual Conference on Empirical Legal Studies Paper

Abstract:     
As incarceration rates have risen in the U.S., so has the overrepresentation of African Americans and Latinos among prison inmates. Whether and to what degree these disparities are due to bias in the criminal courts remains a contentious issue. This article pursues two lines of argument toward a structural account of bias in the criminal law, focusing on (1) cumulative disadvantages that may accrue over successive stages of the criminal justice process, and (2) the racial contexts in which courts are embedded. These arguments are tested using case-level data on male defendants charged with felony crimes in urban U.S. counties in 2000. Multilevel binary and ordinal logit models are used to estimate contextual effects on pretrial detention, guilty pleas, and sentence severity, and cumulative effects are estimated as conditional probabilities that are allowed to vary by race across all three outcomes. Results yield strong, but qualified, evidence of cumulative disadvantage accruing to black and Latino defendants, but do not support the contextual hypotheses. When the cumulative effects of bias are taken into account, the estimated probability of the average African American or Latino felon going to prison is 26 percent higher than that of the average Anglo.

Number of Pages in PDF File: 43

Keywords: sentencing, racial disparity, cumulative disadvantage, court, prosecution

JEL Classification: C11, K14, K42

working papers series


Download This Paper

Date posted: June 30, 2012  

Suggested Citation

Sutton, John R., Structural Bias in the Sentencing of Felony Defendants (December 13, 2011). 7th Annual Conference on Empirical Legal Studies Paper. Available at SSRN: http://ssrn.com/abstract=2095594 or http://dx.doi.org/10.2139/ssrn.2095594

Contact Information

John R. Sutton (Contact Author)
University of California-Santa Barbara ( email )
Santa Barbara, CA 93106
United States
HOME PAGE: http://www.soc.ucsb.edu/faculty/sutton/
Feedback to SSRN


Paper statistics
Abstract Views: 379
Downloads: 65
Download Rank: 198,490
References:  95

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.547 seconds