Static and Dynamic Indicators of Minority Threat in Sentencing Outcomes: A Multi-Level Analysis

Journal of Quantitative Criminology - Tập 27 - Trang 405-425 - 2011
Cyndy Caravelis1, Ted Chiricos2, William Bales2
1Western Carolina University, Cullowhee, USA
2Florida State University, Tallahassee, USA

Tóm tắt

Designation as a “Habitual Offender” is an enhanced form of punishment which unlike, “Three Strikes” or “10-20-Life,” is entirely discretionary. We use Hierarchical Generalized Linear Modeling to assess the direct effects of race and Latino ethnicity on the designation of Habitual Offenders as well as the effect of both static and dynamic indicators of racial and ethnic threat on those outcomes. Our data include 26,740 adults sentenced to prison in Florida between 2002 and 2004 who were statutorily eligible to be sentenced as Habitual. The odds of receiving this designation are significantly increased for black and Latino defendants as compared to whites, though race and ethnicity effects vary substantially by crime type, being strongest for drug offenses and negligible for violent crimes. Static measures of group level threat (% black and % Latino) have no cross-level effect on sentencing by race or Latino ethnicity. However, increasing black population over time increases the odds of being sentenced as Habitual for both black and Latino defendants. Increasing Latino population increases the odds of Habitual Offender sentencing for Latinos, but decreases it for blacks. The prospect of engaging dynamic as opposed to static measures of threat in future criminal justice and other social control research is discussed.

Tài liệu tham khảo

Bontrager S, Chiricos T, Bales B (2005) Race, ethnicity, threat and the labeling of convicted felons. Criminology 43(3):589–622

Campo-Flores A (2005) The most dangerous gang in America. Newsweek 145(13):23–36

Career Offender Registration Act (2002) Fl. Gen. Stat. § 775.261

Chamlin MB (1989) A macro-social analysis of change in police force size, 1972–1982. Sociol Q 30:615–624

Clear T, Austin J (2009) Reducing mass incarceration: implications of the iron law of prison populations. Harv Law Policy Rev 3:307–324

Crawford C (2000) Gender, race, and habitual offender sentencing in Florida. Criminology 38:263–280

Crawford C, Chiricos T, Kleck G (1998) Race, racial threat and sentencing of habitual offenders. Criminology 36:481–511

Crow M, Johnson K (2008) Race, ethnicity, and habitual-offender sentencing: a multilevel analysis of individual and contextual threat. Crim Justice Policy Rev 19:63–83

Economic and Demographic Research Division (1991) An alternative to Florida’s current sentencing guidelines: a report to the legislature and the sentencing guidelines commission

Florida Department of Corrections (2006). Doing time in Florida prisons. Retrieved 22 July 2007 from http://www.dc.state.fl.us/pub/timeserv/doing/index.html

Greenberg D, West V (2001) State prison populations and their growth, 1971–1991. Criminology 39:615–653

Jackson P (1989) Minority group threat, crime and policing. Praeger, New York

Johnson BD (2003) Racial and ethnic disparities in sentencing departures across modes of conviction. Criminology 41:449–490

Johnson BD (2005) Contextual disparities in guideline departures: courtroom social contexts, guidelines compliance, and extralegal disparities in criminal sentencing. Criminology 43:761–796

Johnson BD (2006) The multilevel context of criminal sentencing: integrating judge- and county-level influences. Criminology 44:259–298

Johnson BD, Ulmer JT, Kramer JH (2008) The social context of guidelines circumvention: the case of federal district courts. Criminology 46:737–784

Johnson BD, Stewart E, Pickett J, Bratton J, Gertz M (forthcoming) Ethnic threat and social control: examining public support for judicial use of ethnicity in punishment. Criminology

Kalven H Jr, Zeisel H (1966) The American jury. Little, Brown, Boston

Mauer M (1999) Race to incarcerate. The New Press, New York

Portillos E (1998) Latinos, gangs and drugs. In: Mann CR, Zatz MS (eds) Images of color, images of crime. Roxbury, Los Angeles

Steffensmeier D, Demuth S (2001) Ethnicity and judges’ sentencing decisions: hispanic-black-white comparisons. Criminology 39:145–178

Steffensmeier D, Ulmer J, Kramer J (1998) The interaction of race, gender and age in criminal sentencing: the punishment cost of being young, black and male. Criminology 36:763–798

Stolzenberg L, D’Alessio S, Eitle D (2004) A multilevel test of racial threat theory. Criminology 42:673–698

Tolnay SE, Beck EM, Massey JL (1992) Black competition, white vengeance. Legal executions of blacks as social control in the cotton south, 1890–1929. Soc Sci Q 73:627–644

Ulmer JT, Johnson B (2004) Sentencing in context: a multilevel analysis. Criminology 42:137–177

Warner BD (1992) The reporting of crime: a missing link in conflict theory. In: Liska AE (ed) Social threat and social control. SUNY Press, Albany, NY, pp 71-87

Wooldredge J, Thistlethwaite A (2004) Bilevel disparities in court dispositions for intimate assault. Criminology 42:417–456

Word DL, Perkins CR (1996). Building a Spanish surname list for the 1990 s—a new approach to an old problem. US census Bureau technical working paper no. 13. US Department of Commerce, Washington, DC