Christina Campbell and William Miller
Juvenile risk assessment instruments have provided juvenile courts with the opportunity to make standardized decisions concerning sentences and intervention needs. Risk assessments have replaced the reliance on professional decision-making practices in which court officials relied on their hunches or previous experience to determine what to do with youth once they became involved in corrections. A primary goal of juvenile risk assessment is to improve case management and help courts focus resources on juveniles who exhibit the greatest intervention needs. Further, juvenile risk assessments play a critical role in estimating which juveniles will likely reoffend by identifying factors that increase the propensity of future offending. Although some researchers believe that the implementation of standardized juvenile risk assessments is a good strategy for reducing biased decision-making for racial/ethnic minorities, other researchers have called into question the extent to which risk assessments overestimate risk for certain juveniles, especially those in minority groups who have a history of being marginalized due to their race, culture, or ethnicity. This article provides an overview of how well juvenile risk assessment instruments predict future delinquency across race and ethnicity. The review suggests that in general, risk assessments do a good job in predicting recidivism across racial/ethnic groups for diverse populations inside and outside the United States. However, there is still some room for improvement concerning the assessment of risk and needs for ethnic minorities. In addition, while there are some studies that do not report the predictive validity of risk assessment scores across race/ethnicity, risk assessments overall seem to be a promising effort to correctly classify and/or identify juveniles who are at greatest risk for future recidivism.
Much has been written about mass incarceration and how it has fallen especially hard on people of color. Given their representation in the U.S. population, for example, black and Hispanic males are far more likely than their white counterparts to be sent to jail or prison. Such disproportionality may be due to the greater involvement of blacks and Hispanics in serious street crime, especially violent crime, which would result in differential incarceration. It also could be due to discretionary decisions by criminal justice officials during arrest, charging, conviction—and, key to the focus of this article, sentencing—which might produce disparity, to the disadvantage of black and Hispanic men. Various theories seek to explain racial and ethnic sentencing disparity by focusing on characteristics of individuals and criminal cases, features of court organization and decision-making, and social contexts surrounding courts.
Literally hundreds of studies in the past 40 years and beyond have focused on sentencing decisions in local courts and unwarranted racial/ethnic punishment disparity, defined as racial/ethnic differences that persist after accounting for legally prescribed and perhaps case-processing influences. Some reviews of this large and mature body of literature have shown that young, black, and (to a lesser extent) Hispanic male defendants tend to receive more severe sentences than other defendants. In addition, reviews have noted how the sentencing role of race/ethnicity is often conditional on gender and other factors, and that racial/ethnic disparity in sentencing varies in connection with characteristics of courts and their surrounding social contexts. Future research on race, ethnicity, and sentencing should address disparity in relation to earlier (e.g., charging and conviction) and later (e.g., parole, probation, or parole revocation) stages of criminal justice decisions, as well as how the social characteristics of judges, prosecutors, and defense attorneys affect disparity. Research studies should continue to examine how specific punishment policies (e.g., mandatory minimums, risk assessments, and sentencing guideline provisions and departures) may be the sources of racial and ethnic disparity.
Sentencing guidelines were created with the goal of reducing unwarranted disparities in sentencing outcomes based on race, gender, and other legally irrelevant characteristics in order to establish a uniform sentencing system. In the 21st century, approximately 21 states and the federal courts use sentencing guidelines, although the types of guidelines used vary, with some more restrictive than others. With the quest to create more uniform sentences, scholars have examined whether the guidelines have actually reduced unwarranted disparities in sentencing outcomes. One area that has received attention from sentencing scholars as an avenue for the potential reintroduction of disparity into the sentencing process is the ability to sentence offenders outside of the guideline range, a practice otherwise known as “sentencing departures.”
Departures from guideline sentences are either below or above the suggested guideline range for a particular offense, with most departures resulting in below guideline sentences. Both judges and prosecutors have the authority to issue departures. Within the federal sentencing guideline system, prosecutors have the sole discretion to offer substantial assistance and other types of government-sponsored downward departures. The amount of discretion given to federal judges to depart from the guidelines has changed dramatically over the years, and the use of departures has subsequently increased in recent years. Research has examined whether this increase in departures has resulted in an increase in unwarranted disparity once again. This research has primarily focused on two related questions: (1) Have departures increased disparities in sentencing outcomes based on race, ethnicity, gender, or other factors? (2) Who is most likely to receive a departure sentence? Several studies have found there to be differences in likelihood of receiving departures; with African Americans, males, and offenders charged with specific types of crimes less likely to receive downward departures. Other research, however, has further suggested that the increased use of departures may not have increased sentencing disparities based on race or ethnicity. Additionally, a new scope of research has emerged which takes a more nuanced examination of sentencing departures; looking at variations among districts, policy disagreement departures, and other considerations. Ultimately, the current body of research on the use, consequences, and implications of sentencing departures has provided some mixed findings and many questions remain unresolved. As research on departures continues, our understanding of the complex nature of sentencing decisions under guideline based systems will continue to grow.
Taunya Lovell Banks
Crime films defy precise definition. This category includes traditional courtroom films like Witness for the Prosecution (1957), detective films like Gone Girl (2014), prison films like The Shawshank Redemption (1994), comedies like My Cousin Vinny (1992) or Find Me Guilty (2006), gangster films like The Godfather series (1972, 1974, 1990), and even musicals like Chicago (2002). Thus crime films provide an almost limitless variety of plots, characters, and settings. Adopting a very broad definition of what constitutes a “crime film”, the representation of race in crime films throughout the 20th and early 21st centuries is examined.
During much of the early and mid-20th century, crime on American Main Street silver screens was largely a white phenomenon. The absence of people considered nonwhite from early crime films is unsurprising because “whiteness is positioned as the default category, the center or the assumed norm on which everything else in American society is based. Under this conception, white is often defined more through what it is not than what it is.” Racial outsiders like African and Asian Americans, Native Americans, Latinos, and other persons considered nonwhite were not featured on America’s movie screens. If they appeared at all in early crime films it was as marginal stereotypical characters.
Stereotyping, when used in film, is designed “to quickly convey information about characters and to instill in audiences expectations about characters’ actions.” During the early days of American films nonwhites were encoded with negative, often criminal, stereotypes. In silent films like Birth of a Nation (1915), for example, African American men were depicted as rapists and violent brutes. Mexicans in The Greaser’s Gauntlet (1908) and Guns and Greasers (1918) were depicted as criminals. Silent films like The Massacre (1912) and The Battle of Elderbush Gulch (1913) portrayed Native Americans as lawless savages, an image reinforced throughout the 20th century by western films. In The Cheat (1915) Japanese male immigrants were depicted as wily sexual predictors. The stereotypes attributed to ethnic Chinese were slightly different and more exaggerated. Films like The Heathen Chinese and the Sunday School Teacher (1904) and The Yellow Peril (1908) demonized Chinese immigrants as villainous predictors. In episode 13 of the film serial The Exploits of Elaine (1914) the protagonist, Pearl, “[t]rapped in a lair of Chinese devil worshipers . . . is spared rape, a fate worse than death, in favor of ritual sacrifice to an Oriental demon who demands a bride ‘blond, beautiful and not of our race’.” Although nonwhites’ conduct was criminalized in these films, the films themselves were not crime films.