Research Brief: Race & Pre-Sentence Outcomes 2019

January 1, 2020
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Summary:

Decades of research have demonstrated a systemic and nationwide presence of racial and ethnic disparities in the United States’ criminal justice system.

  • The sources of these disparities have commonly been attributed to (1) differences in the type and rate of criminal behaviors, (2) unequal treatment across groups, and (3) a combination of the two. Furthermore, differential treatment by systems and structurally built-in criminal justice inputs and algorithms can unintentionally result in disparities across different racial and ethnic groups.

Research Question:

While controlling for relevant factors, is there a difference in the likelihood of receiving a prison recommendation at the Pre-sentence investigation (PSI) level by race-ethnicity?

  • The Sentencing Matrix:

    A recommendation of either probation, jail, or prison is based on an individual’s criminal history score, and the severity and type of their most recent offense. Additionally, the individual’s mitigating/aggravating factors are taken into consideration.

Data & Summary Statistics:

  • Overall, 19 percent of the PSI reports involved a prison recommendation, which differed by group (Hispanic: 27%, “Other”: 22%, White: 18%, and “Unknown”: 6%).

Why Statistical Modeling? 

Statistical models can help us understand whether group differences are present after we control for factors believed to affect our outcome of interest.


Image of bar graph displaying Figure 1 one-year return to prison rate by type

Results

  • Criminal History: For criminal history category III, 26 percent of PSI’s involving a Hispanic individual can be expected to include a prison recommendation. This is reduced to 18 percent for Whites.
  • Property Offenses: In comparison to PSI reports involving Whites, Hispanics are more likely to receive a prison recommendation for a property related offense (22% vs. 15%).
  • Alcohol & Drug Offenses: Similarly, Hispanics are more likely than Whites to receive a prison recommendation for an alcohol & drug related offense (25% vs. 17%).

Image of figure 2 hazard ratios with error-bands

Image of figure 2 hazard ratios with error-bands

Moving Forward

  • Analyzing the role that mitigating and aggravating factors may play in explaining these differences in outcomes is an important first step in better understanding these disparities.

Further Examine:

  • Aggravating and Mitigating Factors
    • To what extent do these factors influence differences in outcomes across racial-ethnic groups?
    • An individual’s socio-economic status is tied to some of these factors, which are further linked to racial-ethnic groups
  • The Criminal History scoring algorithm
    • Examine its inputs

      Read the full report:


      Study Dashboard

      Race & the PSI Recommendation Study