The Complexities of Prior Record, Race, Ethnicity, and Policy

Abstract

Using sentencing data from 1994 to 2002, spanning two different sentencing policies, this study examines the complex relationship between felony offenders' prior record, race/ethnicity, current offense, and sentencing outcomes. Expanding on past research, this study incorporates multiple dimensions of prior record and analyzes the differential impact of these dimensions across race/ethnicity and offense type. Unlike previous research, the current study examines these complex effects across different sentencing policies. The findings suggest that sentencing authorities' calculations of risk and dangerousness may not be based solely on legal considerations such as prior record and offense type or on extralegal factors such as race and ethnicity. Instead, it appears that a complex interplay exists between these legal and extralegal characteristics. Furthermore, the importance of policy change with regard to prior record and race/ethnicity is highlighted by the findings.