INEQUALITY IN THE TYPES OF SENTENCES RECEIVED BY NATIVE AMERICANS AND WHITES

• NCJ Number: 28900
• Journal: Criminology Volume: 13 Issue: 2 Dated: (AUGUST 1975) Pages: 199-222
• Author(s): E L HALL; A A SIMKUS
• Date Published: 1975
• Length: 24 pages
• Corporate Author: American Society of Criminology
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

A COMPARISON OF THE DISTRIBUTION OF THE TYPES OF SENTENCES IMPOSED ON NATIVE AMERICAN (AMERICAN INDIAN) OFFENDERS AND WHITE OFFENDERS BY THE DISTRICT COURTS OF A WESTERN STATE.

Abstract

STUDY FINDINGS REVEALED THAT THE NATIVE OFFENDERS WERE MORE LIKELY TO RECEIVE SENTENCES INVOLVING INCARCERATION IN THE STATE PRISON AND WERE LESS LIKELY TO RECEIVE SENTENCES WHICH WOULD HAVE ALLOWED THEM PARTIALLY TO ESCAPE STIGMATIZATION AS A 'CONVICTED FELON'. THE INTRODUCTION OF A NUMBER OF TEST FACTORS REVEALED THAT THESE ETHNIC DIFFERENCES IN THE SENTENCE RECEIVED COULD ONLY SLIGHTLY BE EXPLAINED BY ETHNIC DIFFERENCES IN THE KINDS OF OFFENSES INVOLVED OR IN OTHER DIFFERENCES IN THE LEGAL AND PERSONAL BACKGROUND CHARACTERISTICS OF THE OFFENDERS. A NUMBER OF POSSIBLE EXPLANATIONS OF THE DISCREPANCIES IN THE SENTENCING OF NATIVE AMERICANS AND WHITES ARE SUGGESTED. THE AUTHOR INDICATES, HOWEVER, THAT REGARDLESS OF THE BEST EXPLANATION OF THESE DISCREPANCIES, THERE ARE REASONS TO BELIEVE THAT THESE DISCREPANCIES IN THEMSELVES MAY HAVE CONTRIBUTED TO AN INCREASED PROBABILITY THAT THE NATIVE AMERICAN OFFENDERS WOULD ENGAGE IN FUTURE CRIMINAL ACTIVITY AND THAT THESE OFFENDERS WOULD CONTINUE TO RECEIVE HARSHER SENTENCES THAN WOULD SIMILAR WHITE OFFENDERS. REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED)