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Judges' Ethnicity and Minority Sentencing: Evidence Concerning Hispanics

NCJ Number
163690
Journal
Social Science Quarterly Volume: 74 Issue: 3 Dated: (September 1993) Pages: 496-506
Author(s)
M D Holmes; H M Hosch; H C Daudistel; D A Perez; J B Graves
Date Published
1993
Length
11 pages
Annotation
The sentencing of noncapital felony defendants by 10 white and five Hispanic district court judges in El Paso County (Tex.), was analyzed using data from court records of 245 cases adjudicated during 1987-89.
Abstract
The study's dependent variable was sentence severity. The independent variables were grouped into three categories: those legally relevant to sentencing, those focusing on legal resources, and those focusing on social status. The data were analyzed using least-squares multiple regression. Results revealed that Hispanic judges are not influenced by the ethnicity of the defendant. In contrast, white judges in this jurisdiction sentence non-Hispanic defendants less severely than Hispanics, who receive sentences similar to those meted out by Hispanic judges. Findings reinforce the point that most previous studies are overly simplistic in that they compare only the legal and status characteristics of the offender and offense and disregard important considerations such as the characteristics of the legal decisionmakers. Findings also indicated that eliminating plea bargaining as has happened in this county is hardly an assurance of equitable sentencing. Tables and 34 references