Structural and Direct Discrimination Among Minorities in the Criminal Justice System

• NCJ Number: 76449
• Journal: Research Bulletin Volume: 3 Issue: 4 Dated: (October 1980) Pages: 8-11
• Author(s): J D Unnever
• Date Published: 1980
• Length: 4 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

Evidence of direct and structural discrimination against minorities in the sentencing process of the criminal justice system is presented.

Abstract

Data were derived from police-initiated court cases between July 1 and December 31, 1971. The sample encompassed 187 blacks, 54 Hispanics, and 263 whites. A sentencing model was used to describe the effects of the characteristics of the defendant, the defendant's prior record, the seriousness of the offense, the type of legal representation, the outcomes of the bail decision, and the trial/plea bargain decision on the disposition of the case. Measures of structural discrimination included in the sentencing model were linked to the type of legal representation, the recognizance bond decision, the ability of the defendant to make bail, and the defendant's decision to stand trial or to plead guilty. Structural discrimination could be demonstrated by showing influence of organizational procedures on the severity of the sentence and influence of organizational procedures on the severity of the sentence and influence of the defendant's characteristics on the organizational procedures. The results of the study indicated that discrimination was pervasive. Direct discrimination was most frequently associated with male gender and black or Hispanic race. Blacks and Hispanics also suffered structural discrimination, largely because of limited economic capabilities and a consequent unequal access to organizational procedures which could work in the defendants' favor (e.g., a private lawyer). Hispanics had the lowest odds of receiving a recognizance bond decision and were most likely to be detained in protective custody. Future research must prove the absence of both structural and direct discrimination before declaring the justice system to be equitable. Methodologically, the issue of direct and structural discrimination is most likely to be resolved by analyzing crimes that are racially, ethnically, and economically heterogeneous. Finally, future studies must analyze the stratification of the justice system into a level for whites, a level for Hispanics, and a level for blacks. No references are given.