Going to the Penitentiary

Abstract

This article examines the sentencing patterns involving Indian and non-Indian male felons incarcerated in the South Dakota State Penitentiary during the period from 1981 through 1985. The study reveals no systemic, statistically significant patterns of discrimination in the sentencing process that result in commitment to the state penitentiary. This conclusion remained true when important factors such as prior record, county of conviction, and the judge imposing the sentence were introduced as controls. These results, however, must be viewed with caution with respect to cases of individual discrimination and the potential of discrimination at other critical decisional points in the criminal justice process such as arrest, probation, and parole decisions.