Social Solidarity and Sentencing Disparities Between Ethnic Groups: The Case of Hit-and-Run Traffic Offenses

Journal of Empirical Legal Studies, Forthcoming

Hebrew University of Jerusalem Legal Research Paper 19-18

Posted: 29 Aug 2019 Last revised: 1 Sep 2019

See all articles by Roni Factor

Roni Factor

University of Haifa; Hebrew University of Jerusalem - Faculty of Law

Miriam Gur-Arye

Hebrew University of Jerusalem - Faculty of Law

Date Written: May 27, 2019

Abstract

Studies of sentencing disparities show that in sentencing for cross-race or cross-ethnic violent offenses, minority defendants are likely to be sentenced to harsher punishments when the victim belongs to the majority group. Our study examines whether the same pattern of sentencing discrepancies is to be found with regard to offenses of omission, the prohibition of which imposes a legal duty to come to the aid of a victim; offenses which are based on social solidarity. The dataset includes all cases in which defendants were convicted of hit-and-run traffic offenses in Israel from 2001 to 2013. The surprising results show that hit-and-run drivers who belong to either the majority or minority ethnic group are likely to be sentenced to more severe punishments when the victim belongs to the same ethnic group than when the victim belongs to a different ethnic group.

Keywords: sentence disparity; social solidarity; hit-and-run traffic offenses; minorities; ethnicity; race

Suggested Citation

Factor, Roni and Gur Arye, Miriam, Social Solidarity and Sentencing Disparities Between Ethnic Groups: The Case of Hit-and-Run Traffic Offenses (May 27, 2019). Journal of Empirical Legal Studies, Forthcoming; Hebrew University of Jerusalem Legal Research Paper 19-18. Available at SSRN: https://ssrn.com/abstract=3443581

Roni Factor

University of Haifa

No Address Available

Hebrew University of Jerusalem - Faculty of Law

Mount Scopus
Mount Scopus, IL 91905
Israel

Miriam Gur Arye (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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