The Sentencing Decisions of Black and White Judges:
Expected and Unexpected Similarities
By Cassia Spohn
This article essentially focuses on the sentencing habits and discrepancies that may occur between black and white judges in Detroit, and how they may treat black and white offenders differently when it comes to sentencing them to prison. The study involved black judges sentencing 1,819 offenders, while white judges doled out 2,891 sentences for incarceration.
What surprised me about theis article was the great lengths of detail that went into the methods bethind the study that was conducted. The researchers attempted to account of every single possible varible that would clutter their study, and in the end the article simply became very narrow-sighted, simply asking the question: do black and white judges pose significantly different sentences when it comes to black offenders. The short answer is no, both judges adjudicate cases similarly, and more likely to sentence blacks offenders to prison over white offenders. Like most academic articles I've read thus far, I found the process and the findings intersting, but felt somewhat disappointed, as if I hadn't received a complete answer.
This was likely due to the fact that becuase the study was so narrow and address only specific cases (violent offenses) there wasn't much leeway to see whether or not disciminatory sentences may occur. It also seems that these studies seem to leave us needing more answers: "Although the data reveal that both black and white judges sentence more harshly than white offenders, the data do not tell us WHY this occurs. Further research should address this issue. " I understand that no answer is ultimate, but man, sometimes it almost gets us asking, well, than whats the point?
I do appreciate the fact that the author then attempted to explain why harsh sentences may be imposed on the defendants, for reasons such as preventing black on black violence, the seriousness of the crimes committed, and considering the high enemployment rate of blacks in Detroit coupled with the probability that they might offend again. Yet, they precede this analysis with, "This significant finding contradicts the widely held assumpion that blacks do not descriminate against other blacks." But didn't they go on to say...well, this study seems to be a bit contradictory as well, and it may not be discimination.
I also feel that the fact that about 85% of the offenders in the stury were black was downplaye to an extent, but I suppose their disporportionate represntation is another issue. When it comes to the validity of this study, I still think the focus was too narrow, and that harsh sentences weren't given out due to race, but were more likely due to the violent nature of the offense. I think the study may have more accutrately examined the conflict by examined less serious cases (as was done in another study menioned in this piece) where overly harsh sentences can be more easily identified when there is overt discrimination and or racism. They also left out all the cases that were dismissed. What if there was data there that could hasve indicated the leniency of black judges? Because once someone is determined guilty by the law, there is usually a set sentence to follow.
That's my main critique of this article, that is seemingly set itself up for a certain answer with too narrow a focus, because who's going to be lenient on serious, violent crime? Not many people.
Posts
I didn't read this article, just a couple of blogs about it, and I didn't realize that the study had such a narrow focus. Limiting the study to only violent crimes does seem like it would alter the outcome, since emotions tend to run high in those cases. I also wonder what the outcome would have been if they had focused on drug offenses instead, an issue that tends to effect african americans more than whites.
ReplyDelete