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Going to the Penitentiary: A study of Disparate Sentencing in South Dakota

NCJ Number
117584
Journal
Criminal Justice and Behavior Volume: 16 Issue: 2 Dated: (June 1989) Pages: 155-165
Author(s)
F Dommersheim; S Wise
Date Published
1989
Length
11 pages
Annotation
Data from prison entrance record sheets of 557 male inmates in the South Dakota prison system formed the basis for an analysis of sentencing patterns for Native American and white American felons.
Abstract
The sample of 409 white and 148 Native Americans was selected from a total of 733 prisoners sentenced during January 1981 through June 1985. Offenses were divided from the data and crimes with few or no Native Americans were dropped from the study. Sentence severity was determined by calculating the sentence received as a percentage of the maximum sentence set by the legislature for that particular offense. Analysis of the results did not confirm a disparity between sentences awarded to white and Native American felons. The conclusion remained true when factors such as prior record, county of conviction, and the judge imposing the sentence were introduced. However, the study concluded that the results must be viewed with caution and respect to cases of individual discrimination and the potential for racial bias at other points in the criminal justice process such as arrest, probation and parole decisions. Tables and 4 references. (Publisher abstract modified)