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Race Differences in Felony Charging and Sentencing: Toward an Integration of Decisionmaking and Negotiation Models

NCJ Number
133975
Journal
Journal of Crime and Justice Volume: 14 Issue: 1 Dated: (1991) Pages: 99-122
Author(s)
B K Crew
Date Published
1991
Length
24 pages
Annotation
Racial differences in sentence lengths were studied using information from a 10-percent sample of all male offenders committed to the Kentucky State prison system in 1980.
Abstract
Only commitments resulting from new convictions were included. The final sample size was 228. The analysis considered the sentence length, offense seriousness, pretrial release, and whether the conviction resulted from a guilty plea or a trial. Results showed a small but significant difference, with black offenders receiving longer sentences than white offenders. Much of the racial disparity appeared to occur in the way legal charges were constructed from the factual elements of the offenses. Specifically, offense seriousness predicted the final charges better for black than white offenders. The relationship between legal and extralegal variables was also found to be more complicated than is implied by either the conflict or the legalistic models of case processing. Figure, tables, notes, and 42 references (Author summary modified)