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Race and Presentencing Decisions in the United States: A Summary and Critique of the Research

Examinations of racial disparity in criminal justice Processing have commonly focused on sentencing. However, many earlier decisions affect an eventual case outcome. To adequately assess the impact of race on criminal processing it is therefore necessary to analyze presentence decision making. In particular, the power of the prosecutor has burgeoned with the advent of sentencing guidelines, mandatory minimum statutes, and so-called three-strikes laws. A total of 68 studies are analyzed for evidence supportive of the discrimination thesis that African-Americans are subjects of racial bias in criminal processing. Bail and pretrial release decisions, the decision to prosecute or to dismiss, and capital charging decisions are examined. Shortcomings of the research are noted and the consequences of these shortcomings on the race-criminal processing nexus are discussed. The article concludes with a discussion of areas for future research, including (a) the impact of legislative mandates on the race-presentencing nexus, (b) the role of race in decisions to waive dug offenders into drug courts, (c) the impact of victim race on bail and pretrial release decisions and on offenses other than sexual assault and homicide, (d) the impact of prosecutor race on presentence decision making, (e) the impact of courtroom culture or environment on presentence decision making, and (f) the effect of "outside" influences on the decisions of courtroom actors.

Criminal Justice Review, Vol. 27, No. 2, 203-232 (2002)
DOI: 10.1177/073401680202700202


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