A sociolegal analysis of Canadian youth justice: The impact of offender's race on judicial decisions

Abstract

There is evidence to suggest that even within ostensibly egalitarian systems of justice young offenders are, at least in part, socially selected. Police, court workers, lawyers, and judges make prejudgments of young offenders on the basis of extralegal as well as legal factors. This study examined the influence of extralegal variables, especially offender's race, on judicial outcomes including detention on arrest, plea, adjudication, and sentencing. While the principal focus was the effect of offender's race, the effects of other attributes including sex, age, family support, and counsel status were incorporated into the analysis to present a comprehensive explanatory model of justice. Loglinear/logit modelling techniques were employed to assess the simultaneous effects of social and legal variables. In summary, the data consistently supported the claim that at all levels of the justice process extralegal variables, most noticeably race, had a substantial systematic influence on judicial decisions, especially when seriousness of offense and criminal record were controlled. Most importantly, the study showed that the effects of race occured primarily in interaction with both legal and extralegal factors.