NCJ Number
54709
Journal
Social Problems Volume: 25 Issue: 5 Dated: (JUNE 1978) Pages: 564-580
Date Published
1978
Length
17 pages
Annotation
A THEORETICAL MODEL THAT EMBODIES PROPOSITIONS DERIVED FROM THE CONFLICT PERSPECTIVE IS DEVELOPED AND APPLIED TO CRIMINAL COURTS IN CHICAGO, ILL.
Abstract
THE CONFLICT PERSPECTIVE SUPPLIES A FORMAT TO TEST FOR INEQUALITY IN THE LEGAL SYSTEM. CONFLICT THEORY STATES THAT THE LEGAL SYSTEM DOES NOT APPLY THE LAW IMPARTIALLY WITH REGARD TO SOCIAL CLASS, OCCUPATION, AND RACE. BLACKS AND PEOPLE OF LOWER OCCUPATIONAL PRESTIGE RECEIVE MORE SEVERE SENTENCES. DIFFERENTIAL SENTENCING CAN TAKE SEVERAL FORMS, EACH OF WHICH HAS THE EFFECT OF CREATING BIAS IN THE CASE AGAINST BLACKS AND THOSE IN LOWER OCCUPATIONAL STRATA. IT IS NECESSARY TO RECOGNIZE HOW EXTRALEGAL CRITERIA ARE APPLIED ACROSS THE LEGAL SYSTEM TO ARRIVE AT A PATTERN OF DISCRIMINATION. LABELING EFFECTS CAN PRODUCE AN ECONOMIC IMPACT AT ONE STAGE AND PREJUDICE AT ANOTHER STAGE. THE MODEL OF DISCRIMINATION IN THE CRIMINAL JUSTICE SYSTEM ENCOMPASSES DEFINITIONAL (LABELING), PREJUDICIAL, ECONOMIC, LEGAL, AND CHOICE FACTORS. IT WAS APPLIED TO A SAMPLE OF 816 CRIMINAL CASES PROCESSED BY CHICAGO TRIAL COURTS IN 1971. DATA FOR INDIVIDUAL DEFENDANTS WERE OBTAINED FOR THE DEPENDENT VARIABLE (PRISON SENTENCE LENGTH RECEIVED), TWO EXOGENOUS VARIABLES (OCCUPATION AND RACE), AND SIX ENDOGENOUS VARIABLES (PRIOR ARRESTS IN CHICAGO, EVIDENCE, SERIOUSNESS OF THE CASE, NOT MAKING BAIL, BAIL AMOUNT, AND LEGAL COUNSEL'S DEGREE OF SUCCESS IN SENTENCING). THE STUDY FINDINGS PROVIDED SUPPORT FOR THE CONFLICT MODEL. GROSS INEQUALITY IN SENTENCING WAS DUE TO RACE AND OCCUPATION AND THEIR INDIRECT EFFECTS THROUGH NOT MAKING BAIL. THE COST OF HAVING A LOW-LEVEL OCCUPATION AND BEING NONWHITE WAS HIGH. EQUALIZING DIFFERENCES BETWEEN OCCUPATIONAL STRATA AND RACIAL GROUPS DID NOT ERADICATE THE SENTENCING DISPARITY. SUPPORTING DATA AND MODEL EQUATIONS ARE INCLUDED. REFERENCES ARE CITED. (DEP)