U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

"I Fought the Law and the Law Won" (From Native Americans, Crime, and Justice, P 209-220, 1996, Marianne O Nielsen and Robert A Silverman, eds. -- See NCJ-168132)

NCJ Number
168156
Author(s)
C Hutton; F Pommersheim; S Feimer
Date Published
1996
Length
12 pages
Annotation
This study examined the files of women incarcerated in the South Dakota Penitentiary between 1980 and 1988 to determine whether there was substantially significant disparity in the sentences imposed on white and Native American women; the study also included a statistical comparison of the sentences received by female and male inmates for selected offenses.
Abstract
For the purposes of this study, punishment was operationalized as the percentage of maximum penalty sentenced, minus years suspended. The study found that approximately 86 percent of the time, a difference of 0.7 percent in sentence received would occur between whites and Native Americans when the two population means are equal. This finding suggests that it is unlikely that for female inmates a statistically significant relationship exists between punishment severity and race. By further examining the individual offenses of which the largest numbers of inmates were convicted, the researchers hoped to determine any differences in sentences between the two groups. Again, the sentences were comparable. As a supplement to the statistical analysis, the researchers also asked the current inmates to describe their perceptions of the equity of the sentencing process. The finding shows that whether or not actual disparity exists, there is a perception that discrimination against American Indian females permeates the system. The statistical analysis of sentences imposed on female and male offenders for selected offenses indicates that gender does play an important role in sentencing and that in South Dakota a woman will likely receive a significantly lower penalty than a man convicted of the same offense. This conclusion must be qualified, however, because of the flaws in the data compared. 3 tables and 9 notes