COMPARISON OF DEFENSE STRATEGY AND RACE AS INFLUENCES IN DIFFERENTIAL SENTENCING

• NCJ Number: 36451
• Journal: Criminology Volume: 14 Issue: 2 Dated: (AUGUST 1976) Pages: 241-249
• Author(s): H E KELLY
• Date Published: 1976
• Length: 9 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS STUDY COMPARES THE INFLUENCE OF DEFENSE STRATEGY AND THE RACE OF THE DEFENDANT ON THE VARIANCE IN FELONY SENTENCE LENGTH FOR A SAMPLE OF 2090 CONVICTS IN THE OKLAHOMA STATE PENAL SYSTEM AS OF MARCH 31, 1974.

Abstract

TWO INDEPENDENT VARIABLES - THE SUBSEQUENT PLEA OF THE DEFENDANT AND THE TYPE OF DEFENSE COUNSEL - ARE CONSIDERED FOR DEFENSE STRATEGY. THE RACIAL OR ETHNIC IDENTITY OF THE DEFENDANT IS EITHER MEXICAN-AMERICAN, BLACK, INDIAN, OR WHITE. CONTROL VARIABLES ARE AGE, MARITAL STATUS, URBAN-RURAL CHILDHOOD, EDUCATION, PRIOR CRIMINAL RECORD, AND TYPE OF CRIME. A COMPARISON IS MADE FOR BOTH BURGLARY AND HOMICIDE. THE FINDINGS FOR BURGLARY SHOW DEFENSE STRATEGY EXPLAINS 16.5% OF THE VARIANCE IN SENTENCE LENGTH (BECAUSE OF THE TYPE OF PLEA), WHILE RACE OF THE DEFENDANT EXPLAINS ONLY 1% OF THE VARIANCE (DUE TO THE POSITIVE RELATIONSHIP BETWEEN BEING BLACK AND SENTENCE LENGTH). FOR HOMICIDE THE UNIQUE EXPLANATION OF THE DEFENSE STRATEGY MODEL ACCOUNTS FOR 3% OF THE VARIANCE (DUE MORE TO TYPE OF ATTORNEY THAN PLEA), WHILE THE RACE OF THE DEFENDANT ACCOUNTS FOR ANOTHER 3% (BECAUSE OF THE NEGATIVE RELATIONSHIP BETWEEN BEING INDIAN OR MEXICAN-AMERICAN AND SENTENCE LENGTH. REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT)