skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 36451 Find in a Library
Title: COMPARISON OF DEFENSE STRATEGY AND RACE AS INFLUENCES IN DIFFERENTIAL SENTENCING
Journal: CRIMINOLOGY  Volume:14  Issue:2  Dated:(AUGUST 1976)  Pages:241-249
Author(s): H E KELLY
Corporate Author: Sage Publications, Inc
United States of America
Date Published: 1976
Page Count: 9
Sponsoring Agency: Sage Publications, Inc
Thousand Oaks, CA 91320
Format: Article
Language: English
Country: United States of America
Annotation: THIS STUDY COMPARES THE INFLUENCE OF DEFENSE STRATEGY AND THE RACE OF THE DEFENDANT ON THE VARIANCE IN FELONY SENTENCE LENGTH FOR A SAMPLE OF 2090 CONVICTS IN THE OKLAHOMA STATE PENAL SYSTEM AS OF MARCH 31, 1974.
Abstract: TWO INDEPENDENT VARIABLES - THE SUBSEQUENT PLEA OF THE DEFENDANT AND THE TYPE OF DEFENSE COUNSEL - ARE CONSIDERED FOR DEFENSE STRATEGY. THE RACIAL OR ETHNIC IDENTITY OF THE DEFENDANT IS EITHER MEXICAN-AMERICAN, BLACK, INDIAN, OR WHITE. CONTROL VARIABLES ARE AGE, MARITAL STATUS, URBAN-RURAL CHILDHOOD, EDUCATION, PRIOR CRIMINAL RECORD, AND TYPE OF CRIME. A COMPARISON IS MADE FOR BOTH BURGLARY AND HOMICIDE. THE FINDINGS FOR BURGLARY SHOW DEFENSE STRATEGY EXPLAINS 16.5% OF THE VARIANCE IN SENTENCE LENGTH (BECAUSE OF THE TYPE OF PLEA), WHILE RACE OF THE DEFENDANT EXPLAINS ONLY 1% OF THE VARIANCE (DUE TO THE POSITIVE RELATIONSHIP BETWEEN BEING BLACK AND SENTENCE LENGTH). FOR HOMICIDE THE UNIQUE EXPLANATION OF THE DEFENSE STRATEGY MODEL ACCOUNTS FOR 3% OF THE VARIANCE (DUE MORE TO TYPE OF ATTORNEY THAN PLEA), WHILE THE RACE OF THE DEFENDANT ACCOUNTS FOR ANOTHER 3% (BECAUSE OF THE NEGATIVE RELATIONSHIP BETWEEN BEING INDIAN OR MEXICAN-AMERICAN AND SENTENCE LENGTH. REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT)
Index Term(s): Burglary; Comparative analysis; Defender systems; Defense counsel effectiveness; Discrimination; Felony; Homicide; Minorities; Oklahoma; Pleas; Sentencing disparity; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=36451

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.