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Full-Text Articles in Social and Behavioral Sciences
In The Furtherance Of Justice, Injustice, Or Both? A Multilevel Analysis Of Courtroom Context And The Implementation Of Three Strikes, Elsa Y. Chen
Political Science
A hierarchical logistic model is used to analyze data on Three Strikes-eligible offenders in California and the counties in which they are sentenced. The analysis finds that discretion is widely exercised by elected prosecutors and judges in the administration of Three Strikes. Discretion functions as a “safety valve” and preserves some sentencing proportionality, but may also allow political concerns to influence sentencing decisions. A more conservative political environment is strongly associated with stricter application of the law. Consistent with racial threat theory, eligible felons are more likely to receive Three Strikes sentences in counties with larger Latino populations. However, the …
The Liberation Hypothesis And Racial And Ethnic Disparities In The Application Of California’S Three Strikes Law, Elsa Y. Chen
The Liberation Hypothesis And Racial And Ethnic Disparities In The Application Of California’S Three Strikes Law, Elsa Y. Chen
Political Science
This paper examines the extent to which racial and ethnic disparities exist in the implementation of California's “Three Strikes and You're Out” law and whether racial and ethnic disparities vary by type of offense. Logistic regression analysis of individual-level data on over 171,000 California prison inmates indicates that African-Americans are more likely than whites and Latinos to receive third-strike sentences, even when legally relevant variables are controlled. The analysis also finds that Latino defendants are significantly less likely to receive third-strike sentences. The results also indicate that the black-white gap is greater for offenses known as “wobblers,” which can be …