This document summarizes a study that tested the "liberation hypothesis" in criminal sentencing decisions. The hypothesis predicts that when evidence is ambiguous, extra-legal factors like race are more likely to influence judgments. The study used data on over 17,000 criminal cases in South Carolina. It found that black offenders had a higher likelihood of being incarcerated and receiving longer sentences for minor crimes compared to whites, supporting the hypothesis that bias occurs when public scrutiny is lowest.
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Racial Disparities in Judicial Sentencing
1. Bias in Judicial Decisionmaking:
A Test of the `Liberation Hypothesis'
Rhys Hester
Post-Doctoral Research Fellow
Robina Institute of Criminal Law and Criminal Justice
University of Minnesota Law School
Todd K. Hartman
Lecturer in Quantitative Methods
Sheeld Methods Institute
t.k.hartman@sheeld.ac.uk
http://tkhartman.staff.shef.ac.uk/
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
2. Brief Bio: My Research Interests
Political Psychology / Behaviour (Individual-level)
1 Intergroup Relations and Identity
Prejudice / Inequality
(e.g., Racial, Ethnic, Partisan, Economic, and Religious
Groups)
2 Attitudes and Persuasion
Framing, Campaigns, Information-Processing, and Analogies
Quantitative Research Methods
Survey Research
Experimental Design and Analysis
Structural Equation Modeling
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
10. Research Question
Given that racial disparities exist in the U.S. justice system,
when are they most likely to occur?
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
11. Research Question
Given that racial disparities exist in the U.S. justice system,
when are they most likely to occur?
Criminal Sentencing Decisions
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
13. Theory
`Liberation Hypothesis' [Kalven Zeisel (1966)]
Clear evidence; favours one side
Jurors constrained; decisionmaking on relevant case facts
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
14. Theory
`Liberation Hypothesis' [Kalven Zeisel (1966)]
Clear evidence; favours one side
Jurors constrained; decisionmaking on relevant case facts
Ambiguous evidence; no easy favourite
Jurors 'liberated' to consider extra-legal factors
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
15. Hypothesis
Adapted to Criminal Sentencing Decisions (i.e., Judges)
When Is Public Scrutiny Lowest?
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
16. Hypothesis
Adapted to Criminal Sentencing Decisions (i.e., Judges)
When Is Public Scrutiny Lowest?
Severity of Crime: Minor vs. Major Crimes
[Spohn Cederblom (1991); Spohn DeLone (2000)]
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
17. Hypothesis
Adapted to Criminal Sentencing Decisions (i.e., Judges)
When Is Public Scrutiny Lowest?
Severity of Crime: Minor vs. Major Crimes
[Spohn Cederblom (1991); Spohn DeLone (2000)]
Severity of Crime AND Oender
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
18. Hypothesis
Adapted to Criminal Sentencing Decisions (i.e., Judges)
When Is Public Scrutiny Lowest?
Severity of Crime: Minor vs. Major Crimes
[Spohn Cederblom (1991); Spohn DeLone (2000)]
Severity of Crime AND Oender
For minor oenses, Blacks more likely to be sentenced to
longer prison terms than whites.
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
19. Hypothesis
Adapted to Criminal Sentencing Decisions (i.e., Judges)
When Is Public Scrutiny Lowest?
Severity of Crime: Minor vs. Major Crimes
[Spohn Cederblom (1991); Spohn DeLone (2000)]
Severity of Crime AND Oender
For minor oenses, Blacks more likely to be sentenced to
longer prison terms than whites.
Blacks with limited criminal history more likely to be
incarcerated than whites.
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
20. What Evidence? Testing the Liberation Hypothesis
N = 17,643 Cases
South Carolina Circuit Courts
All Criminal Cases for FY 2001
Non-guidelines State
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
24. le: South Carolina
Population: 4.8 m
White = 64%
Black = 28%
Prison Pop.: 21.9 k
White = 34%
Black = 64%
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
33. cation Scheme
1 Misdemeanors (15%)
Vandalism, Political Intimidation
2 Class F Felonies (46%)
Stalking, Illegal Conduct at Elections
3 Class E Felonies (20%)
Harm to a Child, Reckless Homicide
4 Class D Felonies (11%)
Burglary, Distribution of Meth
5 Class A, B, C, or Exempt Felonies (8%)
Murder, Kidnapping, Armed Robbery
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
44. Conclusion
Support for the `Liberation Hypothesis' (`When?' Question)
Black Oenders Are More Likely (than Whites) to Be
Incarcerated...
...at lower levels of Criminal History
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
45. Conclusion
Support for the `Liberation Hypothesis' (`When?' Question)
Black Oenders Are More Likely (than Whites) to Be
Incarcerated...
...at lower levels of Criminal History
Black Oenders Receive Longer Prison Sentences (than
Whites)...
...at lower levels of Oense Seriousness
Todd K. Hartman, SMI Bias in Judicial Decisionmaking
46. Normative Implications
Bias Occurs When `No One Is Looking'
Black Minor Oenders More Likely (than Whites) to Be
Brought Into the Criminal Justice System
1 Loss of Civil Rights
2 Future Marred by Criminal Record (jobs, housing, etc.)
3 Destabilizes Family Unit
4 Voter Disenfranchisement
Todd K. Hartman, SMI Bias in Judicial Decisionmaking