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The Spohn article discussed the differences in sentencing between black and white judges in the United States. In the article, which surveyed offenders charged with felony crimes, Spohn found that black judges were less likely than white judges to incarcerate offenders; however, there seemed to be no discernible difference in the length of prison sentences handed down. Further, black judges were less likely than white judges to sentence black male offenders to prison; there was no distinct change on sentence for black females. The study also found that while black and white judges sent black offenders to prison fairly equally, both races incarcerate blacks more than they do whites. This information indicates that there is little disparity in the sentencing decisions of black and white judges. Spohn explains that this could be due to other factors. Rather than determined by race, social class may be involved. Most people who rise to become judges hail from the middle- to upper-class. They also typically complete a law education, which further homogenizes those who attain judge status. Race is not the only factor by which people differentiate within society. Because the disproportionate amount of blacks in the prison cannot be attributed solely to the discrimination from white judges, it appears that these other factors (class, status, privilege) may be at work.
The article itself was interesting because its findings did not surprise me; however, the context and literature cited within, as well as the assumptions targeted with this study, did. Do people expect that race is the great be-all, end-all of society? Though race can be an immediate, visceral differentiation of people’s differences, it is ignorant to think that this might solely explain why black males are receiving harsher punishment than other peoples in America. Other factors like class have shown time and again to make a difference; furthermore, in today’s society, it is naïve and limited in scope to think that such problems might be so simple to understand. This article serves to blow those notions aside but also indicates that many people out there believe that there is only one problem, when it has clearly become a tangled and complicated mess. It will take more than a specialization in race relations to comprehend the troubles; rather, it may take the entire sociological imagination and scope to discern the circumstances to which many groups – not just black males – experience inequality.
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It's really interesting both that there was no real difference between black and white judges, and also that both of them incarcerated blacks more than whites. I guess this is a confirmation that the legal system itself is aligned against minority people, and that it's not just individual judges or jurors who are creating the inequalities through their biases. Although certainly there's a lot more going on here--it'd be interesting to try and figure out just how much individual bias goes into a judge's decision making and such.
ReplyDeleteThis topic brings back the notion of power balance in law. It would seem, in theory, that if judicial decisions were made by groups of diverse people (like a grand jury, or Supreme Court) and not by a single judge, such decisions would be without bias towards race, class, etc. Unfortunately, as it has become all too clear, this would likely make little difference. The system and society we live in has been set in its ways for too long, and changing the tides would be nearly impossible. Depressing suggestion I know, but that is the project for future generations. I wish I knew the answers to why our society is so flawed after so many years of supposed social repair. It's just the system we have, and what we must work with.
ReplyDeleteI completely agree with you that assumptions about the tremendous influence of race have resulted in a tendency to overlook social class as a factor. There are other author's we have read this semester have exhibited surprise when their findings revealed that class has at least as much of an effect as race in many circumstances, which seems odd since class is such a crucial aspect in the structure of our society.
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