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The trial tax and the intersection of race/ethnicity, gender, and age in criminal court sentencing.
Law and Human Behavior ( IF 3.870 ) Pub Date : 2023-02-01 , DOI: 10.1037/lhb0000514
Peter S Lehmann 1
Affiliation  

OBJECTIVE Prior research consistently demonstrates that defendants convicted at trial are sentenced more harshly than those who plead guilty. Additionally, a vast literature has shown that Black and Hispanic defendants, and especially young minority males, are particularly disadvantaged in sentencing, though these effects may be conditional on various legal and case-processing factors. However, it remains unclear how the mode of conviction might moderate these inequalities according to offenders' combined race/ethnicity, gender, and age. HYPOTHESES I expected that mode of conviction would moderate the joint effects of race/ethnicity, gender, and age on the imposition of a sentence to prison and on sentence length such that young minority males convicted at trial would receive more severe punishments than members of other subgroups. METHOD The analyses made use of data on defendants sentenced for noncapital felony crimes in Florida circuit courts over a 12-year period (N = 1,076,500). Hurdle regression models and marginal effects analysis were used. RESULTS Greater sentencing disparities in absolute as well as relative terms between young minority males and other race/ethnicity, gender, and age subgroups were found among trial cases than among plea cases. Further, Black and Hispanic males were subjected to trial taxes that were substantially larger than those of other subgroups. CONCLUSIONS These findings suggest that defendants who plead guilty are generally sentenced according to predictable and standardized "going rates" of punishment, whereas the enhanced discretion afforded judges in trial cases as well as racialized "bad facts" about defendants that emerge at trial may drive inequalities in punishment. Thus, extralegal sentencing disparities tied to mode of conviction are an area in which criminal justice reform efforts might be directed. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

中文翻译:

审判税与种族/民族、性别和年龄在刑事法庭判决中的交集。

目标 先前的研究一致表明,在审判中被定罪的被告比认罪的被告受到更严厉的判决。此外,大量文献表明,黑人和西班牙裔被告,尤其是年轻的少数族裔男性,在量刑中处于特别不利的地位,尽管这些影响可能取决于各种法律和案件处理因素。然而,目前尚不清楚定罪模式如何根据罪犯的种族/族裔、性别和年龄来缓和这些不平等。假设 我预计定罪方式会缓和种族/族裔、性别和年龄对判刑和刑期的联合影响,因此在审判中被定罪的年轻少数民族男性将比其他群体的成员受到更严厉的惩罚亚群。方法 这些分析使用了 12 年期间在佛罗里达巡回法院因非死刑重罪被判刑的被告的数据 (N = 1,076,500)。使用障碍回归模型和边际效应分析。结果 与认罪案件相比,在审判案件中发现年轻少数男性与其他种族/族裔、性别和年龄亚组之间绝对和相对条款的量刑差异更大。此外,黑人和西班牙裔男性所缴纳的试用税远高于其他亚群。结论 这些调查结果表明,认罪的被告通常是根据可预测和标准化的“现行刑罚率”来判刑的,而法官在审判案件中的自由裁量权增加以及种族化的“坏事实” 关于在审判中出庭的被告可能会导致惩罚的不平等。因此,与定罪方式相关的法外量刑差异是刑事司法改革努力可能指向的一个领域。(PsycInfo 数据库记录 (c) 2023 APA,保留所有权利)。
更新日期:2023-02-01
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