How an Offender's Race, Ethnicity and Race May Influence the Likelyhood of Pretrial Detention

Numerous studies have been done to see how race and crime correlate with each other. Although the results are somewhat changeable, some studies mostly demonstrate that certain categories of racial minorities—males, the young, and the unemployed—are singled out for harsher treatment. Other studies find that each of these offender characteristics had a direct effect on sentence outcomes, but that the combination of race or ethnicity and one or more of the other characteristics were more powerful predictors of sentence severity than any characteristics individually. Although the offender’s race, ethnicity, and sex are not included in this list of factors explicitly, many of the factors that judges are required to take into account—such as family ties, employment, financial resources, community ties, and criminal history—are linked to race, ethnicity, and sex. Thus, the offender’s race, ethnicity, and sex may influence the likelihood of pretrial detention indirectly.

These studies specify the factors that judges must take into consideration in making decisions regarding pretrial release or detention. These factors are: (1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a controlled substance; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release. The defendant’s “history and characteristics” include the defendant’s “character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating ...

... middle of paper ...

...—will receive harsher sentences than whites regardless of the nature of the crime, the culpability of the offender, or the results of earlier case processing decisions.”

As you can tell by the studies that have been conducted and research that race and crime always correlate with each other. Whether it’s pre-trial or the actual sentencing ones race will always matter. There is always a stigma that goes along with anyone of any race and unfortunately it translates into the courtroom. Blacks have always been sentenced unfairly, when a other person of a different race commits the same crime and with the same type of weapon and the black person gets more time. The white man has usually gotten away with a lot of murder during the years. The reasons for their crimes could be the same as a Hispanic or a Black person. This goes to show that race matters and it always will.