NCJ Number
60908
Date Published
1979
Length
76 pages
Annotation
CASE STUDIES OF PRISONERS PROCESSED WHILE A SOCIOLOGIST WAS EMPLOYED IN A LARGE MAXIMUM SECURITY PRISON ARE EVALUATED IN RELATION TO CONVICTION, SENTENCING, DECEPTIVE LABELING, AND CRIMINALITY.
Abstract
A TOTAL OF 136 CASES WERE ANALYZED BY THE SOCIOLOGIST; 69 CASES INVOLVED INMATES SERVING SENTENCES FOR MURDER IN THE FIRST DEGREE OR PREMEDITATED MURDER. THIRTY-NINE OF THESE INMATES WERE WHITE AND 30 WERE BLACK. BLACKS DID NOT RECEIVE DISCRIMINATORILY SEVERE SENTENCES WHEN CONVICTED OF PREMEDITATED MURDER, EVEN IN CASES INVOLVING WHITE VICTIMS. ACTS OF VIOLENCE COMMITTED BY BLACKS, HOWEVER, WERE APPARENTLY NOT VIEWED AS SERIOUS AS ACTS OF VIOLENCE COMMITTED BY WHITES. IN THE CONTEXT OF DECEPTIVE LABELING AND PLEA BARGAINING, THE FOCUS CENTERED AROUND THE IMPACT OF PLEA BARGAINING ON CRIMINOLOGICAL RESEARCH RATHER THAN ON THE INJUSTICE OF PLEA BARGAINING. SEVEN CASES WERE SELECTED FOR ANALYSIS BECAUSE OFFENDERS PLEADED GUILTY AND 'PAPER' CONVICTIONS OBVIOUSLY CAMOUFLAGED REPUGNANT SEXUAL ASSAULTS. DESPITE PLEA BARGAINING, GUILTY PLEAS WERE ENTERED FOR THE SAME OR SIMILAR OFFENSES. THIS FINDING RAISED QUESTIONS ABOUT THE ACCURACY OF THE 'PAPER' CONVICTION AS AN INDEX OF THE SERIOUS OFFENDER'S ACTUAL PATTERN OF CRIMINALITY. THE CASE STUDIES INFER THAT AN INCREASE IN THE SEVERITY OF SENTENCING FOR BLACKS CONVICTED OF VIOLENT ACTS WOULD INDICATE A DECREASE IN RACIAL DISCRIMINATION BEFORE THE BAR. THEY REPRESENT AN INDICTMENT OF THE JUDICIAL SYSTEM AS A WHOLE FOR CAMOUFLAGING SO-CALLED UGLY OFFENSES FOR THE SAKE OF EXPEDIENCY. REFERENCES AND NOTES ARE INCLUDED. (DEP)