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Sequential Decision-Making in the Criminal Court - The Influence of Prior Court Outcomes on Sanctioning and Their Relationship to Discrimination

NCJ Number
88140
Author(s)
M Walters
Date Published
1982
Length
261 pages
Annotation
A study of all (1,413) offenders arrested and incarcerated in Hamilton County, Ohio, between Feb. 1, 1979, and May 4, 1979, for a crime for which they could not immediately post bail shows the existence of sequential decisionmaking in the courtroom and both personal and structural discrimination.
Abstract
The study examined 13 courtroom decisions as part of a criminal court process where the eventual conclusion of a case is contingent on earlier, discretionary decisions made in the same case. Data were collected and coded from the verified intake form of the local pretrial release program, court case filings, and jail records. The analysis examined where defendants of different class and racial backgrounds left the process. Path models were developed for each decision point, identifying independent effects for both the defendants' social statuses and the differential outcomes of previous court decisions. Findings showed that previous court decisions, particularly those determining attorney selection and pretrial jail status, influence what eventually happens to defendants. Blacks are victims of personal discrimination only in the lower court, while lower class defendants are personally discriminated against only in the superior court. Important implications for how court resources are expended lies in the observation that pressure at one point causes a reaction at other decision points. Other policy issues are also noted. Tables, figures, and about 100 references are included. The measurement of variables and data collection instruments are appended. (Author abstract modified)

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