
Contents
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I. The Effects of Race and Ethnicity on Pretrial Decision Making I. The Effects of Race and Ethnicity on Pretrial Decision Making
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A. Bail and Pretrial Detention Decisions A. Bail and Pretrial Detention Decisions
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B. Charging and Plea Bargaining Decisions B. Charging and Plea Bargaining Decisions
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II. The Effect of Race and Ethnicity on Sentencing and Punishment II. The Effect of Race and Ethnicity on Sentencing and Punishment
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A. Racial Disparities in Incarceration A. Racial Disparities in Incarceration
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B. Racial/Ethnic Disparities in Sentencing Decisions in Noncapital Cases B. Racial/Ethnic Disparities in Sentencing Decisions in Noncapital Cases
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C. Racial/Ethnic Disparities in Sentencing Outcomes in Capital Cases C. Racial/Ethnic Disparities in Sentencing Outcomes in Capital Cases
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III. Conclusion, Policy Recommendations, and Directions for Future Research III. Conclusion, Policy Recommendations, and Directions for Future Research
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A. Policy Recommendations A. Policy Recommendations
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B. Directions for Future Research B. Directions for Future Research
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Note Note
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References References
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31 Case Study: Immigration, Social Exclusion, and Informal Economies: Muslim Immigrants in Frankfurt
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6 Racial Disparities in Prosecution, Sentencing, and Punishment
Get accessCassia Spohn is the Foundation Professor and Director of Graduate Programs in the School of Criminology and Criminal Justice at Arizona State University.
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Published:01 October 2013
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Abstract
Issues of racial and ethnic disparity in the criminal justice system continues to provoke controversy and spark debate. It is clear that the overt discrimination that characterized the criminal justice system in the first half of the 20th Century is a thing of the past. Reforms mandated by appellate courts or adopted voluntarily by state and federal governments have made it less likely that criminal justice officials treat similarly situated defendants of different races differently. Despite these reforms, inequities persist. There is convincing empirical evidence that defendant race and ethnicity affect decisions regarding bail, charging, plea bargaining, and sentencing. Although research documents the persistence of inequalities at all stages of court processing, the most compelling evidence comes from studies of capital sentencing, which consistently reveals that the race of the victim—and to a lesser extent the race of the offender—plays a key role in determining who will be sentenced to death. A number of steps can be taken to address this issue, including reducing the size of the prison population and subjecting crime control proposals to a racial and ethnic disparity impact analyses.
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