LEGITIMATE AND ILLEGITIMATE USES OF AUTHORITY IN THE CRIMINAL JUSTICE SYSTEM - EVALUATION OF THE DISCRETION HYPOTHESIS (FROM INCARCERATION - BENEFITS AND DRAWBACKS, 1977, BY P ECK AND G ENGLISH - SEE NCJ-56694)

• NCJ Number: 56706
• Author(s): M G AULTMAN
• Date Published: 1977
• Length: 12 pages
• Corporate Author: University of Texas at Arlington
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

STUDIES THAT EXAMINE ILLEGITIMATE USES OF AUTHORITY AT VARIOUS STAGES OF CRIMINAL JUSTICE PROCESSING ARE REVIEWED IN AN EFFORT TO TEST ASPECTS OF LABELING AND CONFLICT THEORIES, AND IMPLICATIONS ARE DRAWN.

Abstract

LABELING AND CONFLICT THEORISTS HAVE TENDED TO MAINTAIN THAT CRIMINAL JUSTICE PERSONNEL USE THEIR DISCRETIONARY AUTHORITY IN A BIASED WAY AGAINST RACIAL, ETHNIC, AND INDIGENT MINORITIES. THIS STUDY REVIEWS RESEARCH THAT HAS TESTED USES OF DISCRETION IN STOPPING A SUSPECT, ARRESTING A SUSPECT, JUVENILE COURT REFERRAL, SENTENCING, AND THE USE OF CAPITAL PUNISHMENT. FROM THIS REVIEW, IT IS CONCLUDED THAT THERE IS LITTLE EVIDENCE TO SUPPORT THE CONTENTION THAT CRIMINAL JUSTICE SYSTEM COMPONENTS USE THEIR AUTHORITY IN AN ILLEGITIMATE MANNER THAT CONSTITUTES SOCIAL BIAS AGAINST RACIAL, ETHNIC, AND INDIGENT MINORITIES. IN MOST CASES, THE INTRODUCTION OF LEGAL CONTROLS (SERIOUSNESS OF THE OFFENSE AND PRIOR OFFENSES) CAUSES ANY APPARENT 'EXTRA-LEGAL' (RACE, SOCIOECONOMIC LEVEL, PERSONALITY CHARACTERISTICS, APPEARANCE, ETC.) DIFFERENCES TO DIMINISH IN THEIR INFLUENCE ON DISCRETIONARY DECISIONS AT VARIOUS STAGES OF THE CRIMINAL JUSTICE PROCESS. THE MAJOR AREA WHERE A POSSIBILITY OF BIAS EXISTS IS THAT OF JURY SENTENCING. THIS TENDS TO BE SHOWN IN JURIES' USE OF IMPRISONMENT, THE LENGTH OF TIME IN PRISON, AND THE APPLICATION OF THE DEATH PENALTY. JURIES ARE APPARENTLY BIASED AGAINST BLACKS AND THOSE OF LOW SOCIOECONOMIC STATUS. THIS WOULD SUGGEST THEN THAT THE LOCUS OF ILLEGITIMATE USE OF AUTHORITY IN THE CRIMINAL JUSTICE SYSTEM DOES NOT LIE WITH THE PROFESSIONALS WHO TEND TO BE GOVERNED BY STANDARDIZED LEGAL OPERATING PROCEDURES, BUT IN THOSE WHO REPRESENT THE ATTITUDES OF SOCIETY IN GENERAL, NAMELY, THE MEMBERS OF JURIES. WHILE IT IS OBVIOUSLY A FACT THAT THE CRIMINAL JUSTICE SYSTEM PROCESSES A DISPROPORTIONATE PERCENTAGE OF BLACKS AND INDIGENTS, THIS IS BELIEVED DUE TO THE FACT THAT THEY COMMIT MORE AND SEVERER CRIMES THAN OTHER GROUPS IN SOCIETY. THESE STUDY RESULTS SHOULD, THEREFORE, POINT LABELING AND CONFLICT THEORISTS TOWARD AN EXAMINATION OF WHY THE BEHAVIOR OF BLACKS AND INDIGENTS IS SO FREQUENTLY CRIMINAL AS DEFINED BY LAW (WHICH ALSO INVOLVES EXAMINING THE LEGISLATIVE PROCESS) AND WHY THE REPRESENTATIVES OF THE LARGER SOCIETY (JURY MEMBERS) TAKE A MORE PUNITIVE ATTITUDE TOWARD BLACKS AND INDIGENTS. REFERENCES ARE PROVIDED. (RCB)