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Discrimination Revisited (From Native Americans, Crime, and Justice, P 228-238, 1996, Marianne O Nielsen and Robert A Silverman, eds. -- See NCJ-168132)

NCJ Number
168159
Author(s)
T Bynum; R Paternoster
Date Published
1996
Length
11 pages
Annotation
Based on data from an upper plains State with a relatively large Native American population, this study examined how this minority group fares in the decision to grant parole.
Abstract
At the time of the study, an indeterminate sentencing system was in effect, with inmates being eligible for parole after serving one-fourth of their maximum sentence. Furthermore, there were no parole guidelines that would restrict parole board decisions. Data were obtained from institutional records for a cohort of offenders admitted to the State prison system during 1970. Several approaches were used to determine the severity of sanction imposed as well as the importance of various factors in the parole decisions. Initially the relationships between the independent variables and two indicators of sanction severity, mean length of sentence imposed and proportion of time served prior to parole, were explored. Two variables representing the "legal" factors that influence the parole decision were used: the number of prior felony convictions of the offender and the number of major infractions committed while incarcerated. Findings show a differential treatment of Native Americans in parole decisionmaking. Of several explanatory variables, race was a major determinant of parole release, with American Indians significantly less likely to be released than whites. Although findings from this study differ from a number of other studies that address the treatment of other racial minorities in the legal system, they are consistent with other studies about the discriminatory legal treatment of Native Americans. 2 tables and 2 notes