Race of appellant, sentencing guidelines, and decisionmaking in criminal appeals: A research note

Abstract

Many studies have examined race and the processing of criminal cases at trial court. Practically no studies exist on race and decisionmaking in criminal appeals. This research note explores the influence of race on decisions reached in criminal appeals from two Florida trial courts to an intermediate appellate court. The results indicate that African-American appellants who had been sentenced in excess of the recommended maximum sentence were more likely to have the trial court's decision affirmed on appeal. The implications of the findings of the study also are discussed.