NCJ Number
181262
Journal
British Journal of Criminology Volume: 38 Issue: 4 Dated: Autumn 1998 Pages: 561-591
Editor(s)
Richard Sparks
Date Published
1998
Length
31 pages
Annotation
The participation of prosecuting and defense attorneys in the trial of drug offenders is of primary significance in determining case outcome, and the role of attorneys in shaping the representation of black defendants in England in criminal statistics is examined.
Abstract
Data were obtained from observations of court proceedings over a 7-month period concerning black and white defendants charged with drug offenses. Field research was conducted in 1991 at one Crown Court and one Magistrates Court in London, during which time information was collected on a sample of 104 drug cases. Of the 104 cases, complete data were available on 19 black defendants and 18 white defendants. Drug charges brought against defendants were unlawful possession of a controlled drug, unlawful possession of a controlled drug with intent to supply to another, supplying a controlled drug to another, and involved in supplying a controlled drug to another. Detailed observations of drug trials concerning black defendants demonstrated the way in which attorneys socially constructed drug cases through the process of claims- making, an activity that entailed an impressive utilization of language to persuade. Within the claims-making process, racially imbued knowledge seemed to inform attorney presentation of defendant cases before the jury. The findings served to question the authenticity of criminal statistics as an indication of guilt. Case examples are provided. 113 references and 4 footnotes