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Older and More Recent Evidence on Racial Discrimination in Sentencing

NCJ Number
101797
Journal
Journal of Quantitative Criminology Volume: 2 Issue: 1 Dated: (March 1986) Pages: 29-48
Author(s)
K L Kempf; R L Austin
Date Published
1986
Length
20 pages
Annotation
Within the context of labeling and conflict theories, this study evaluates previous research into racial discrimination in sentencing and analyzes data for 2,097 cases tried in Pennsylvania in 1977.
Abstract
Contrary to claims of Hindelang (1969), Hagan (1975), and Kleck (1981), racial discrimination still exists. Evidence of sentencing disparity can be found in studies of non-Southern States; in studies examining noncapital as well as capital offenses; and in studies in which legal variables such as prior offenses are controlled. An analysis of Pennsylvania 1977 data found evidence of racial bias for both use of incarceration and sentence length even with recommended methodological controls. Race alone and/or in interaction with such variables as bail status, prior record, and offense seriousness was found to influence sentencing decisions in urban, suburban, and rural areas. Regarding incarceration, racial bias was greatest in urban areas and least in rural areas. For sentence length, discrimination was greatest in suburban areas and least in urban areas. Results are consistent with labeling and conflict theory claims of associations among low power, disadvantagement, perceived deviance, and sanction severity. 5 tables and 67 references.

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