John Gruhl

THE EFFECT OF RACE ON SENTENCING: A RE-EXAMINATION OF AN UNSE"TT'LED QUESTION

Although the possible effect of race on sentencing decisions is a much-studied question, even recent studies suffer from methodological problems. This paper attempts to correct these problems by using a large number of cases and a large number of offenses, by dividing the sentencing decision into two separate decisions, by using an appropriate scale to measure sentence severity, by including controls for relevant legal and extra-legal factors, and by using multivariate analysis. Our major findings are that race does not have a direct effect on sentence severity, but that blacks are more likely than whites to be incarcerated.

Do Black Judges Make a Difference

Previous examinations of the sentencing behavior of black and white trial judges failed to take into account the prior record of the defendant; did not examine the decision to incarcerate, perhaps the most important decision in sentencing a felony defendant; and omitted controls for other salient characteristics of the judge. Analysis of the decisions to incarcerate made by black and white trial judges in a large northeastern community reveal that black judges are more evenhanded in their treatment of black and white defendants than are white judges, who tend to treat white defendants somewhat more leniently. In overall sentence severity, where little racial discrimination has been found, white judges treat black and white defendants equally severely, while black judges treat black defendants somewhat more leniently than white defendants. While the impact of black judges is, therefore, somewhat mixed, in the crucial decision to incarcerate, having more black judges increases equality of treatment.

Women as criminal defendants: A test for paternalism

SOCIAL SCIENTISTS recently have given attention to the effect of gender on the treatment of defendants in the criminal justice process (see Nagel and Hagan 1983 for a review). While some researchers have found few differences (cf. Green 1961; Simon 1975; Katzenelson 1976), most have found that adult female defendants are treated more leniently than male defendants. They are more likely to be released prior to trial (Nagel and Weitzman 1972; Swigert and Farrell 1977), and less likely to be sentenced severely (Engle 1971; Pope 1976; Bernstein et al. 1979) and incarcerated (Babb and Furgeson 1967; Nagel and Weitzman 1972; Simon 1975; Sutton 1978; Bernstein et al. 1979; Spohn et al. 1982; Steffensmeier and Kramer 1982).1 The reasons for this more lenient treatment of female felony defendants are still obscure. Three explanations have been offered: 1. There are real differences in the treatment of male and female

Convicting and sentencing differences among black, Hispanic, and white males in six localities

The many studies examining differences in convicting and sentencing black, Hispanic, and white defendants have not led to solid generalizations about the treatment of these defendants because the studies have been done at different times and with different methodologies. This study examines differences in convicting and sentencing male defendants in six localities, at the same time and with the same methodology. It concludes that discrimination is directed against blacks and is manifested in incarceration rates. The exact source of this discrimination is not identical in all cities. In some, it seems to occur because whites get better plea bargains than blacks; in others, it is due to the different rates of guilty pleas by black and whites. Overall, there is less evidence of discrimination in cases where a trial is held than in those where a guilty plea is entered.