Cumulative Disadvantage
Examining Racial and Ethnic Disparity in Prosecution and Sentencing
Bibliographic Data
| ID | 9680904 |
|---|---|
| Authors | Besiki Luka Kutateladze (0000-0001-8894-2489, City University of New York, corresponding author), Nancy Rita Andiloro, Brian D Johnson (0000-0003-4404-0365, Department of Criminology and Criminal Justice University of Maryland), Cassia Spohn (0000-0003-1043-3873, Arizona State University), Cassia C Spohn (School of Criminology and Criminal Justice Arizona State University) |
| Year | 2014 |
| Volume | 52 |
| Issue | 3 |
| Pages | 514-551 |
| Publication date | 2014-08-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Criminology (JOURNAL) |
| Journal identifiers | ISSN: 0011-1384 • E-ISSN: 1745-9125 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1745-9125.12047 |
| OpenAlex | W1872690150 |
| Language | EN |
| Citations received | 216 |
| References cited | 93 |
Current research on criminal case processing typically examines a single decision‐making point, so drawing reliable conclusions about the impact that factors such as defendants’ race or ethnicity exert across successive stages of the justice system is difficult. Using data from the New York County District Attorney's Office that tracks 185,275 diverse criminal cases, this study assesses racial and ethnic disparity for multiple discretionary points of prosecution and sentencing. Findings from multivariate logistic regression analyses demonstrate that the effects of race and ethnicity vary by discretionary point and offense category. Black and Latino defendants were more likely than White defendants to be detained, to receive a custodial plea offer, and to be incarcerated—and they received especially punitive outcomes for person offenses—but were more likely to benefit from case dismissals. The findings for Asian defendants were less consistent but suggest they were the least likely to be detained, to receive custodial offers, and to be incarcerated. These findings are discussed in the context of contemporary theoretical perspectives on racial bias and cumulative disadvantage in the justice system
Context (archaeology · Criminal justice · Criminology · Disadvantage · Ethnic group · Geography · Logistic regression · Plea · Political science · Punitive damages · Race (biology · Recidivism · Sociology · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · Gender Studies · Judicial and Constitutional Studies · Law · Medicine · Psychology · Social Psychology
Understanding guilty pleas through the lens of social science
Paying for the Past
Layers of Bias
Focally Concerned About Focal Concerns
On the prevalence of racial discrimination in the United States
Covid-19 exacerbates existing system factors that disadvantage defendants
Expanded Criminal Defense Lawyering
Cumulative Disadvantage
The Latino Paradox, the Racial Invariance Thesis, and Recidivism Among a Sample of Juvenile Offenders
Examining the effect of Indiana prosecutor‐led diversion programs on recidivism outcomes
Exploring gender disparities in the prosecution of theft cases
Plea Bargaining and Trial Decisions in Context
Criminal defense work in a sample of arrest hearings in three states of Mexico
Where is the Evidence? Comparing the Effects of Evidence Strength and Demographic Characteristics on Plea Discounts
Now You See It, Now You Don’t
Pathways Through Juvenile Justice
Does Reaching the Statute of Limitations Affect the Recidivist Behavior of Environmental Aggressors in Brazil
How do Racial and Ethnic Disparities Emerge in the Use of Restrictive Housing for Prison Rule Violations
Prosecution of Complex Criminal Networks
The Long-Term Incarceration Consequences of Coming-of-Age in a Crime Boom
Revisiting the Minority Threat Perspective
From Headlines to Handcuffs
The Pretrial Detention Penalty
Judges on the Benchmark
What Exactly Is the Bargain? The Sensitivity of Plea Discount Estimates
Examining the “On the Books” Versus “In the Field” Impacts of Probation Reform
A Legal-Structural Theory of Sentencing (In)Consistency
Drivers of Racial Disparities
Does Pretrial Status Explain Racial Disparity in Sentencing Outcomes? A Decomposition Analysis
Examining Cumulative Disadvantage against American Indian Defendants in Federal Courts
Disparities in the Pretrial Process
Perceptions of Anti-Black Bias in the Criminal Justice System Contribute to Pro-Black (Versus White) Bias in Criminal Justice Research
Discretionary Prosecutorial Decision-Making
Between Paternalism and a Gender Perspective
Pathways to Offense Charging
Who Minds Their Pleas and Queues? Quick and Slow Misdemeanor Pleas Pose Similar Risk of Incarceration
Can an Expert Opinion Mitigate Racially Biased Diversion Decisions? An Empirical Examination in the Context of Re-Offense Risk Assessment
Predictive Validity of Pretrial Risk Assessments
From Bright Plots to Blind Spots
The Association Between Misdemeanor Citation and Jail Placement
Gender in the Courtroom Workgroup
Talented Youths or Dangerous Criminals? Exploring Judicial Attitudes in the Sentencing of Data Crime Cases in Chinese Courts
Determinants of Frequent Jail Admissions
Sentencing Add-Ons and Implications for Disparities in a Guidelines State
Concerning Mental Illness
Sentencing Along Procedural Fault Lines
Examining Disparities in Case Dispositions and Sentencing Outcomes for Domestic Violent Extremists in the United States
Who Should Go Home From Detention? The Racial and Ethnic Disparities in Probation Officers’ Recommendations to the Court
Does the Premium Fit the Risk? The Role of Criminal Escalation in Case Processing
Presentence Investigation Reports and Racial/Ethnic Disparities in Sentencing
Time for Time
Criminal Case Processing and Cumulative Disadvantage in Chile
Progressive Politics and Policy Setting
Legal and Extralegal Factors Determining Sentence Type and Length
Race, Ethnicity, Crime Type, and the Sentencing of Violent Felony Offenders
Returning home during the pandemic
Whose Job is It Anyway? Criminal-Legal Professionals’ and Community Members’ Perceptions of System Disparities
Changing the Narrative
Is Chivalry Dead
Discretion and the Sex Dyad
Do Both Petty and Serious Female Offenders Have Shorter Incarcerations than Their Male Counterparts? Testing the Universality of Chivalrous Treatment
From jury to judge
The Racialized Consequences of Jail Incarceration on Local Labor Markets
An aversive racism explanation for the influence of race, SES, and race-stereotypical crimes on jury decision biases against East Asian American defendants
A comprehensive quantitative analysis of jaywalking citations for New York City from 2006 to 2022
Making Gideon Count? Public Defender Resources and Felony Case Outcomes for Black, White, and Latinx Individuals
Maximizing order or harm? Arrests among a social network of people who inject drugs in a large urban city
Who gets a second chance? Compliance, classification, and criminal conviction
Making Drug use Dangerous for Black Men
Racial differences in drug court referral, admission, and graduation rates
Examining Racial and Ethnic Disparity in Prosecutor’s Bail Requests and Downstream Decision-making
How Endogenous System Bias Can Distort Decision-Making in Criminal Justice Systems
Appearance, Stereotyping, and Prosecution
A Systematic Review and Meta-Analysis of the Effects of Race in the Criminal Justice System with Respect to Forensic Science Decision Making
Race, sex, and age disparities in death penalty sentencing
When women kill
Approaches to Diversity Education
Evidence of cumulative disadvantage and the liberation hypothesis in court cases involving resisting arrest
Mental illness, race, gender and sentencing in state homicide cases
Temporal analyses of American Indian disadvantage
Examining facility-level differences in the early decisions of the disciplinary process and use of disciplinary segregation
Program outcomes in a light-touch prosecutor-led misdemeanor diversion program
How much does criminal history contribute to racial differences in arraignment outcomes
Case dismissal and noncarceral sentences
Does New York State bail reform moderate the impact of pretrial detention on conviction rates
A global comparison of long prison sentences
The hidden harms of bond reform
Premature Death Risk from Young Adulthood Incarceration
Beyond Reductionism in the Study of Aging
Thinking critically about race bias and culpability perceptions of Latinxs in the criminal justice system
Does the immigrant health advantage extend to incarcerated immigrants
Gender and ethnic disparities in students’ perceptions of how different groups of persons suspected of possessing and/or selling illegal drugs are treated in the criminal justice system
Police Violence Experienced by Black Gay and Bisexual Men
Cumulative Disadvantage in the American Criminal Justice System
Don't Call It a Comeback
Public defenders versus private attorneys
The predictive accuracy of prospective hot spot mapping and the race and ethnicity of street robbery victims
Racial Innocence
Sociolegal Approaches to the Study of Guilty Pleas and Prosecution
The Psychology of Guilty Plea Decisions
The declining significance of race
The sociology of science
Sexual assault cases in the legal system
Racial and ethnic disparity in pretrial criminal processing
Criminal Prosecutions
A Multilevel Test of Minority Threat Effects on Sentencing
The role of victim characteristics in the disposition of murder cases
Race and disparities in sentencing
Prosecutorial Charging Decisions in Sexual Assault Cases
The effect of evidence factors and victim characteristics on prosecutors' charging decisions in sexual assault cases
Age differences in sentencing
Prosecutorial Discretion and the Imposition of Mandatory Minimum Sentences
Prosecuting sexual assault
Equity and Discretionary Justice
Sample Selection Bias as a Specification Error
Criminality and legal order
Toward a Theory of Minority Group Relations
The Declining Significance of Race
A Meta-Analysis of Race and Sentencing Research
Reassessing and Redirecting Research on Race and Sentencing
Racial, Ethnic, and Gender Disparities in Sentencing
Recent Developments and New Directions in Sentencing Research
Cumulative Advantage as a Mechanism for Inequality
Parole Revocation in the Era of Mass Incarceration
Unwarranted disparity in the wake of the Booker/Fanfan decision
Race, drug, and criminal sentencing
The intersection of defendants' race, gender, and age in prosecutorial decision making
The Unwelcome Immigrant
The Interaction of Race, Gender, and Age in Criminal Sentencing
Racial and Ethnic Disparities in Sentencing Departures Across Modes of Conviction
The Multilevel Context of Criminal Sentencing
Race, Racial Threat, and Sentencing of Habitual Offenders
Driving While Black
Race, Ethnicity, and Determinate Sentencing
The Imprisonment Penalty Paid by Young, Unemployed Black and Hispanic Male Offenders
Neighborhood Racial Context and Perceptions of Police‐based Racial Discrimination Among Black Youth
Images of Danger and Culpability
On the Use of the Total Incarceration Variable in Sentencing Research
Racial and Ethnic Differences in Pretrial Release Decisions and Outcomes
Punishing the “Model Minority”
Sentencing in Context
Juvenility and Punishment
Unemployment and Punishment
Bilevel Disparities in Court Dispositions for Intimate Assault
Prejudice as Group Position
Changing Conceptions of Race
An Introduction to Sample Selection Bias in Sociological Data
Perceptions of Racial Group Competition
Police Control of Juveniles
The Continuing Significance of Race Revisited
The Effect of Sexual Stratification By Race on Official Reactions to Rape
The Continuing Significance of Race
Racial Disparities in Official Assessments of Juvenile Offenders
The Legal/Extra-Legal Controversy
Race, Ethnicity, and Youth Perceptions of Criminal Injustice
Sentencing under the Federal Sentencing Guidelines
The Effect of Race on Sentencing
Prosecutorial Discretion
Economic Inequality and Discrimination in Sentencing
Beyond Anomalies
Asian Americans as a Model Minority
Prosecutorial Justifications for Sexual Assault Case Rejection
An Integration of Theories to Explain Judicial Discretion
Normal Crimes
Race and Cumulative Discrimination in the Prosecution of Criminal Defendants
The Salience of Race in Everyday Life
Race and Imprisonment Decisions
The Effects of Gender on Charge Reduction
Common Law in Action
Race, Class, and the Perception of Criminal Injustice in America
Causal attribution and punishment for crime
Structural bias in the sentencing of felony defendants
| Unique citing works | 216 |
|---|---|
| Citations per year | 18 |
| Citation span | 2014 - 2026 (13) |
| Citation velocity | current |
| Highly cited | Yes |
| Citation types | Neutral: 215 |