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12-1991

The Criminal Justice System: The Impact of Legal and Extra-Legal Variables

Sanderson Charles Jeter Western Michigan University

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This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. THE CRIMINAL JUSTICE SYSTEM: THE IMPACT OF LEGAL AND EXTRA-LEGAL VARIABLES

by

Sanderson Charles Jeter

A Dissertation Submitted to the Faculty of The Graduate College in partial fulfillment of the requirements for the Degree of Doctor of Philosophy Department of Sociology

Western Michigan University Kalamazoo, Michigan December 1991

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. THE CRIMINAL JUSTICE SYSTEM: THE IMPACT OF LEGAL AND EXTRA-LEGAL VARIABLES

Sanderson Charles Jeter, Ph.D.

Western Michigan University, 1991

This dissertation examines the effect of legal and extra-legal

variables on the processing and sentencing outcomes of defendants. The

data for this study were extracted from the case files of Kalamazoo

(Michigan) County Circuit Court. The sample population is comprised of

criminal defendants randomly selected and who were processed in the cir­

cuit court from May, 1987 through May, 1988. The statistical procedure

applied was cross - tabulation, utilizing a chi-square measure of associa­

tion. Legal and extra-legal variables independently and collectively

have different effects on the processing and sentencing outcomes of de­

fendants. Results indicate that legal variables (e.g., type of crime

and prior record) impact more significantly than extra-legal variables

(e.g., race and age) on the processing and sentencing of defendants in

the Kalamazoo County Circuit Court. Recommendations for future studies

are proposed.

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The criminal justice system: The impact of legal and extra-legal variables

Jeter, Sanderson Charles, Ph.D.

Western Michigan University, 1991

Copyright ©1991 by Jeter, Sanderson Charles. All rights reserved.

UMI 300 N. Zeeb Rd. Ann Arbor, MI 48106

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Copyright by Sanderson Charles Jeter 1991

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGEMENTS

I would like to express my gratitude to my dissertation committee,

Drs. Lewis Walker, Edward Pawlak, and Paul C. Friday, for the guidance

they provided throughout the writing of this dissertation. Dr. Walker,

my chairperson, has been supportive during my graduate studies and

guided me through the dissertation process.

I would also like to take this opportunity to give my thanks to

others who have assisted me:

To my family (Dot, Derek, and Sharlee) whose love and understand­

ing provided the environment that encouraged the self-confidence for

achievement;

To Shaghil Husain for being supportive and helping me to analyze my

data;

To Karen Rice for typing my drafts and being patient enough to work

through my numerous revisions; and

To my mother who would be proud that her son continues the process

of learning and achieving.

Sanderson Charles Jeter

ii

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ACKNOWLEDGEMENTS...... ii

LIST OF TABLES...... vii

CHAPTER

I. INTRODUCTION AND STATEMENT OF THE PROBLEM...... 1

Introduction...... 1

Statement of the Problem...... 1

Summary...... 9

II. LITERATURE REVIEW...... 11

Legal Defense of Indigent Defendants...... 11

Legal Defense of Indigent Defendants and Outcome...... 17

Extra-Legal Variables and Outcome...... 18

Indigency Status and Bail...... 22

Summary...... 24

III. METHODS...... 26

Introduction...... 26

Population and Sample...... 27

Source of Data...... 28

Variables...... 30

Dependent Variable: Sentencing Outcome...... 30

Independent Variables: Legal and Extra-Legal...... 31

Legal Variables: Type of Crime, Prior Offense, Bond, Plea...... 31

iii

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CHAPTER

Social Variables: Race, Age, Gender, Employment Status, Marital Status...... 34

Statistical Procedures...... 36

Summary...... 38

IV. FINDINGS...... 4°

Description of Sample...... 40

Answers to the Research Questions...... 44

Race and Type of Crime...... 45

Race and Prior Record, Plea and Type of Bond...... 46

Age and Type of Crime,.. Plea...... 47

Age and Type of Bond...... 50

Gender and Type of Crime...... 50

Employment Status and Type of Crime...... 50

Employment Status and Type of Bond...... 52

Marital Status and Type of Crime...... 53

Marital Status and Type of Bond...... 55

Type of Crime and Bond Posted...... 55

Prior Record and Bond...... 56

Plea and Count by Type of Crime...... 61

Type of Sentence by Type of Offense...... 66

Length of Sentence by Type of Offense...... 68

Type of Sentence by Prior Record...... 68

Type of Sentencing and Plea...... 68

iv

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CHAPTER

Posted Bond and Sentencing...... 72

Sentencing Patterns by Race...... 79

Type of Sentence and Type of Crime by Race...... 79

Type of Sentence and Primary Charge by Race: Controlling for "Yes" on Prior Record...... 80

Type of Sentence and Primary Charge by Race: Controlling for "No” on Prior Record...... 83

Length of Sentence and Type of Crime by Race: Controlling for "Yes" on Prior Record...... 84

Length of Sentence and Type of Crime by Race: Controlling for "No" on Prior Record...... 88

Length of Sentence and Type of Crime by Race (Males Only): Controlling for "Yes/No" on Prior Record...... 89

Sentence by Age...... 89

Sentence by Gender...... 93

Sentence by Employment Status...... 93

Sentence by Marital Status...... 94

V. SUMMARY AND CONCLUSIONS...... 97

Summary...... 97

Findings and Related Literature: A Discussion 101

Limitations of the Study...... 103

Recommendations...... 104

APPENDICES

A. Indigent Study Instrument...... 106

v

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APPENDICES

B. Felony Case Status Report...... 112

C. Arraignment Report and Order Limiting Time for Motions...... 114

D. Judgment of Sentence Commitment to Jail...... 116

F. Petition and Order for Court Appointed Attorney...... 118

BIBLIOGRAPHY...... 120

vi

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1. Missing Data...... 37

2. Sentence of Adjudicated Defendants...... 42

3. Minimum Jail or Prison Sentence in Months...... 42

4. Repeat Defendant Supplement: Prior Record...... 43

5. Bond Posted...... 43

6. Type of Bond Set...... 44

7. Type of Crime by Race...... 45

8. Prior Record by Race...... 46

9. Type of Bond by Race...... 47

10. Type of Crime by Age...... 49

11. Type of Bond by Age...... 51

12. Type of Crime by Gender...... 52

13. Type of Crime by Employment Status...... 53

14. Type of Bond by Employment Status...... 54

15. Type of Crime by Marital Status...... 54

16. Type of Bond by Marital Status...... 56

17. Posted Bond by Type of Crime...... 57

18. Type of Bond by Type of Crime...... 58

19. Cost of Bond by Type of Crime...... 59

20. Type of Bond by Prior Record...... 60

21. Cost of Bond by Prior Record...... 61

22. Type of Plea by Type of Crime...... 62

vii

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23. Type of Crime by Type of Bond: Controlling For Race (Black)...... 64

24. Type of Crime by Type of Bond: Controlling For Race (White)...... 65

25. Type of Sentence by Type of Offense...... 67

26. Length of Sentence by Type of Crime...... 69

27. Sentence by Prior Record...... 70

28. Plea: First Count...... 71

29. Length of Sentence by Plea...... 71

30. Sentence by Posted Bond...... 72

31. Type of Sentence by Type of Crime: Controlling for "Yes" on Prior Record...... 74

32. Type of Sentence by Type of Crime: Controlling for "No" on Prior Record...... 75

33. Length of Sentence by Type of Crime: Controlling for "Yes" on Prior Record...... 77

34. Length of Sentence by Type of Crime: Controlling for "No" on Prior Record...... 78

35. Race and Type of Sentence...... 80

36. Type of Sentence and Type of Crime by Race...... 81

37. Type of Sentence and Type of Crime by Race: Controlling for "Yes" on Prior Record...... 82

38. Type of Sentence and Type of Crime by Race: Controlling for "No" on Prior Record...... 83

39. Length of Sentence by Race...... 85

40. Length of Sentence and Type of Crime by Race: Controlling for "Yes" on Prior Record...... 86

41. Length of Sentence and Type of Crime by Race: Controlling for "No" on Prior Record...... 87

viii

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42. Length of Sentence and Type of Crime by Race (Males Only) : Controlling for "No" on Prior Record...... 90

43. Length of Sentence and Type of Crime by Race (Males Only): Controlling for "Yes" on Prior Record...... 91

44. Sentence by Age...... 92

45. Sentence by Gender...... 93

46. Sentence by Employment Status...... 94

47. Type of Sentence by Marital Status...... 95

ix

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INTRODUCTION AND STATEMENT OF THE PROBLEM

Introduction

In recent years virtually every component (e.g., police, courts,

correctional agencies) of the criminal justice system has been criti­

cized. One of the most enduring criticisms is the contention that only

rich people receive justice in America because the criminal justice

system is designed to protect the vested interests of the rich (Carlin,

Howard & Messinger, 1967; Chambliss & Seidman, 1971; Lizotte, 1978;

Orcutt, 1983). This criticism maintains that a two-traclc system of

justice exists in America resulting in differential processing and

sentencing outcomes, in spite of numerous Supreme Court and lower court

decisions ensuring the rights of all criminal defendants, regardless of

socio-economic status (Herman, Single & Boston, 1977). This disser­

tation examines justice in Kalamazoo County, Michigan, to ascertain the

extent to which this criticism is valid. Specifically, the study focuses

on the impact of legal and extra-legal variables on the processing and

sentencing outcomes of defendants in Kalamazoo County.

Statement of the Problem

Two of the basic goals of the criminal justice system, especially

the courts, are: (1) to safeguard and protect the individual rights of

the accused, and (2) to punish wrong-doers in society. However, the

1

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. courts stand accused of failing to reach those goal's. Roth critics

and practitioners agree that there are numerous internal and external

problems which are useful in explaining why they prevent criminal

justice agencies from operating in less than a just manner. There is

a perception that courts and other agencies in the criminal justice

system treat repeat defendants leniently which has resulted in a pheno­

menon identified as a revolving door syndrome (Petersilia, Greenwood &

Lavin, 1977). The perception of lenient treatment of repeat defendants

is contrary to the view that wrong-doers should be effectively punished.

Further, there is a perception that the criminal justice system

does not operate in a manner that ensures that the rights of all citi­

zens are protected. According to Katz (1982)

a statement of law that warned but these rights apply only to those who can obtain the legal skills necessary to invoke them would be absurd. An affirmation of unequal access to the law would nullify the moral claim of any constitutional provision, statute, administrative regulation, or judicial decision. As an empirical matter, not just as a contention of philosophy, the value of equal access is an essential element of the com­ mon sense understanding of a legal system, just as are the virtues of a general, public, intelligible, and consistent reasoning. (p. 1)

According to critics and some practitioners, the criminal justice system

dispenses differential justice based on the social class of a defendant.

The social class thesis is theoretically based on Marxist ideology of

class conflict in a capitalist society in which two great classes would

emerge with one class being dominant and in control of all of the major

societal institutions. Thus, according to Marxist ideology, the primary

interests of the ruling class will be protected, not the interests of

the subordinate class (i.e., the poor and minority). Therefore, justice

is dispensed differentially in a capitalist society based on extra-legal

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factors (Auerback, 1976; Downie, 1971; Lefcourt, 1974; Lizotte, 1978;

Orcutt, 1983; Quinney, 1977; Reiman & Headlee, 1979).

Carlin et al. (1967), regarding bias against the poor, purported

that

it has long been argued that the law is not a neutral instru­ ment, but rather that it is oriented in favor of those groups or classes in society having the power to bend the legal order to their advantage. The contention is that today, as in the past, the law primarily selves to protect and enhance the rights and interests of property holders and those in positions of wealth and authority. (p. 4)

According to Chambliss and Seidman (1971), "the poor do not receive the

same treatment at the hands of the agents of social control as the well-

to-do or middle class. This differential treatment is systematic and

complete" (p. 475).

The differential justice assertion is based on the assumption that

defendants without sufficient monetary resources are at a distinct dis­

advantage within our criminal justice system which accounts for the

harsher outcomes in their case dispositions (Houlden & Balkin, 1985;

Lizotte, 1978). In fact, Herman et al. (1977) maintain that

many criticisms boil down to the claim that we have a "two- track" system of justice in which people who have money obtain good representation and lenient outcomes while the poor get inferior representation that leads to harsher outcomes. (p. 21)

Although the U.S. Supreme Court and state courts have extensively

addressed the issues pertaining to unequal access to the law, they

remain problematic areas. The right to counsel has been viewed as one

of the most essential features of equal access to the law for indigent

defendants. According to Houlden and Balkin (1985), the famous Gideon

v. Wainwright case of 1963 and the broader Argersineer v. Hamlin case,

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eight years later, established that poor people facing any prison term,

even in a misdemeanor charge, have the right to defense counsel at

government expense. Barak (1980) rather eloquently made a case for the

right to counsel when he stated that

defense counsel was also regarded as necessary to an equitable administration of justice under the notion that the criminal courtroom exists as the neutral/democratic battleground for the state's quest for truth and the accused's need for jus­ tice. For the battle to be fair and democratic, it was essen­ tial that the accused be defended by someone who knew and understood the law. (p. 109)

While Barak was concerned about the right of any accused person

to have legal counsel in the courtroom, Silverstein (1965) focused his

attention on the plight of the indigent defendant, and he asserts that

the American Bar Association believes that the legal pro­ fession of the United States has no more important or press­ ing task than to see to it that adequate provision is made everywhere to insure that competent counsel are provided for indigent defendants in serious criminal cases as required by the constitution and recent decisions of the Supreme Court and to that end urge state and local bar associations to treat this as a matter of first importance. (p. 2)

The Supreme Court's mandates and the exhortations of the American

Bar Association notwithstanding, many critics maintain that the indi­

gent defendant is not competently represented in courtrooms throughout

the country. Thus, the twin issues of the right to counsel and the

right to competent counsel are separate but intricately related. A

scathing indictment against the criminal justice system is made by

Barak (1980), who claims that

within the criminal justice system, the public or private defense lawyers for the poor are typically members of the legal profession who: 1) rank lowest in education, status, power, and skill; 2) do not fulfill the constitutional role of adversary, but instead serve as servants of the state, protecting the class interests of bourgeois legal

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Institutions; 3) have already assumed the guilt of indigent clients; and 4) contribute to the appearance of due process of law while serving the real needs of the state. (p. 114)

If Barak's claims are true then, one would expect to find robust

differences in outcomes between the indigent defenders and nonpoor

defendants. In this regard, however, research shows that there is more

uniformity than differences in the outcome of cases when pretrial status

was controlled (Wheeler & Wheeler, 1980). Houlden and Balkin (1985)

support the notion of few performance differences when such factors as

the type of offense, prior record, or the bail status of the accused

are controlled. Regarding differential outcomes, Houlden and Balkin

(1985) observe that

Joyce Sterling notes, however, that studies finding differ­ ences between public and private counsel tend not to control for other factors (e.g., the type of offense involved, the prior record, or the bail status of the accused) which may be associated with differences in outcomes. Her (Joyce Sterling) results reveal few performance differences, ceteris paribus, between defender and retained counsel. (p. 176)

Equitable or fair outcomes for poor clients is an important issue

because studies indicate that approximately 50% to 65% of criminal

defendants are represented by government-provided lawyers through two

primary systems: (1) the assigned counsel system, and (2) the public

defender system. The percentage of defendants who receive a court-

appointed lawyer is slightly higher in urban areas than in rural ones

(Neubauer, 1979).

In addition to the right to competent counsel, there is a growing

concern about the financial cost of providing defense counsel for the

poor. A 1984 National Criminal Defense Systems Study indicates the

enormous financial burden of providing counsel to indigent defendants:

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Between 1976 and 1982 the cost of providing indigent defense in U.S. State Courts more than tripled, rising sharply from approximately 200 million to 600 million dollars. Much of this dramatic increase in state and local government support for indigent defendants can be attributed to the expanding legal mandate for indigent defense. (p. 84)

The escalation of costs associated with providing legal counsel for

the indigent defendant is also a problem in Kalamazoo County. According

to the Kalamazoo Circuit Court Administrative Staff Report (1988), the

per case cost for the defense of the criminal indigent has risen 37%

since 1981, or an average annual increase of 6.16%.

The escalation of the cost of providing counsel for the poor around

the country has generated much discussion regarding: (a) the absence of

specific definitional and eligibility guidelines to determine indigency,

and (b) the absence of a system of reimbursement whereby an indigent is

responsible for repaying the government for at least part of the cost of

his/her defense. Both of these issues are confounded by other legal and

extra-legal factors.

In the past, the determination of eligibility for the appointment

of a court attorney was based on the defendant's disclosure of his/her

financial status and his/her ability to retain counsel. Further,

according to Silverstein (1965), the determination for indigency for a

defendant was based on his/her ability to make bail; "Inability to make

bail is a rock bottom measure of indigency: in most counties some

persons who make bail still have to have a counsel provided for them"

(p. 7). The most important aspects of Silverstein's statement (1965)

are the revelation about making bail being a major factor in determining

indigency, and the point about counsel being provided even if a defend­

ant can make bail.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. According to Neubauer (1979), in Michigan, in the case People v.

Gillespie in 1972, the court stated that just because a defendant is

able to post bond is not sufficient proof that the defendant is finan­

cially able to employ his/her own counsel. In fact, if a defendant does

not meet the financial eligibility guidelines set forth by a particular

jurisdiction, the jurisdiction risks a decision by an appeals court that

the defendant was denied a basic right to assistance of counsel. In the

early 1970s a system was proposed wherein any defendant would have a

court-provided attorney upon request. This proposal was considered more

practical than indigency screening (Spangenberg, Wilson, Lee & Smith,

1986) .

With the continued escalation of costs, there are discussions about

the need, nationwide, to incorporate a system whereby defendants will be

held responsible for reimbursement to the government for the cost of

their defenses (e.g., court cost, attorney fees, etc.). Presently, in

Kalamazoo County, indigent defendants (first time or repeat defendants)

are not directed to reimburse the court if they are sentenced to any

form of incarceration (jail or probation) for any length of time. How­

ever, indigent defendants found guilty and sentenced to probation, for

example, are directed to pay back the cost of the defense. This latter

aspect is consistent with what appears to be a nationwide movement to

develop cost recovery systems (Spangenberg et al., 1986). Given the

concerns about costs, repayment, and the effectiveness and efficiency

of counsel for the poor, a major study is called for which addresses

the following questions:

1. Are there discernible differences in the quality of legal

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. representation provided to indigent and nonindigent defendants in

criminal cases?

2. Does the financial status of a criminal (i.e., indigent

versus nonindigent) influence the outcome of a criminal case?

3. How should eligibility for appointment of free counsel be

determined?

4. Are there important differences in social demographic

characteristics (i.e., age, gender, race, income) of indigent and

nonindigent defendants?

5. Are there any important differences in the legal char­

acteristics (offense, prior record, bail, and plea bargaining) of

indigent and nonindigent defendants?

6. Is there a difference in sentencing outcomes, while con­

trolling for legal variables: type of offense, prior record, bail

and plea bargaining?

7. Which of the various systems (i.e., the assigned counsel or

the public defense system) of providing free lawyers operates more

effectively for its clients?

8. Is the right to counsel enjoyed as consistently and widely

in the United States as the needs of justice require? In other words,

does the effectiveness and efficiency of free counsel differ from one

locale to another?

9. What are the attitudes toward the present system as exhi­

bited or held by the accused indigent?

10. Is there a difference in sentencing outcomes, controlling

for legal factors, between indigent and nonindigent defendants?

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Since this study investigates only a single jurisdiction, Kalamazoo

County, its scope is not broad enough to address empirically all of the

above questions; however, they will be discussed in the following

literature chapter. Empirically, this exploratory study will seek

answers to three central questions:

1. What are the relationships between social variables and legal

variables (i.e., race and type of crime, age and type of crime, gender

and type of crime) as well as the relationship between the various

important legal variables themselves (i.e., type of crime and type of

bond, prior record and type of bond)?

2. What factors are related to different sentences in Kalamazoo

County Circuit Court during the period studied?

3. What are the relationships between social characteristics and

sentencing outcomes?

Summary

In summary, this study examines the effects of social and legal

variables on the processing and sentencing outcomes of defendants in

the Kalamazoo County Circuit Court. This dissertation consists of

five chapters. The first chapter focuses on the statement of the prob­

lem. The second chapter examines theoretical and empirical studies with

respect to the basic issues pertaining to sentencing outcomes, and the

research questions. The third chapter is concerned with methodology

and research design, which includes: the dependent and independent

variables, data collection and statistical techniques, and some of the

limitations of the study. The fourth chapter presents the findings of

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. the research as they relate to the three exploratory questions. The

final chapter provides a summary of the findings, and an interpretation

and discussion of them as they relate to the theoretical assertions

in the literature chapter.

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LITERATURE REVIEW

Regarding the criminal justice system, a review of the literature

indicates that examinations of the impact of legal and extra-legal

variables on processing and sentencing outcomes have taken many diverse

theoretical and empirical paths. Both legal and extra-legal variables,

(e.g., types of bond, prior records, gender, race, etc.) have been

examined as factors affecting fair and equitable treatment of defendants

at the sentencing phase. However, there appears to be a chasm between

theoretical perceptions and empirical studies regarding differential

sentencing outcomes and processing of defendants based on legal and

extra-legal variables.

Empiricists appear to be divided into two opposing camps. One camp

supports the thesis that there are differential sentencing outcomes and

processing of defendants based on extra-legal variables. The second

camp supports the position that differential sentencing patterns based

on social characteristics of defendants are statistically nonsignificant

when important legal variables are controlled. Thus, extra-legal varia­

bles alone are not the reason for differential sentencing outcomes and

processing of defendants. Both the empirical and theoretical works are

examined in the next section.

Legal Defense of Indigent Defendants

The literature in this area is largely descriptive, focusing on a

11

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number of issues related to indigency and nonindigency and the crim­

inal justice system. One of the consistent themes is the acknowledge­

ment of the tremendously large number of defendants who cannot afford an

attorney for their defense (Cantor, 1939; Jacob, 1978; Lefcourt, 1974;

Neubauer, 1979).

According to Neubauer (1979)

most defendants cannot afford to hire a lawyer. A survey conducted by the National Legal Aid and Defender Association estimated that nationwide 65 percent of felony defendants were legally indigent (too poor to pay a private attorney). The percentage is slightly higher in urban areas than rural areas (p. 192).

Another issue consistently discussed in the literature is the

soaring cost involved in providing defense counsel for the poor.

Several works indicate that the cost has risen from approximately 96

million dollars in the United States, in 1971, to over 600 million

dollars spent in 1982 (Jacob, 1978; Kalamazoo Circuit Court Report,

1987; Oaks & Lehman, 1968; Spangenberg et al., 1986). The dramatic

increase in cost is attributed to the expanding legal mandate for

indigent defense (Spangenberg et al., 1986).

Numerous works focus on the historical development of the defense

system for indigent defendants (Barak, 1980; Herman et al., 1977; Katz,

1982; Wilcox & Bloustein, 1968). The early defense systems for the poor

were viewed as being of a capricious nature. Herman et al. (1977)

stated that, "At first, methods for providing lawyers for poor people

accused of crimes were either nonexistent or informal and idiosyncratic"

(p. 1). Barak (1980) supports Herman et al. (1977) when he states:

As late as 1936, assignment was compulsory in only seven states; assignment was upon request in thirty states; and assignment was left to the court's discretion in nine states.

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Fees, if they were provided at all, were inadequate (with the exception of the places where capital cases were compensated). (p. 68)

All of the cited works support the necessity for providing lawyers

for the poor in a systematic manner to insure due process and equity

under the law for all American citizens, regardless of their socio­

economic status. Of course, according to Houlden & Balkin (1985), the

issues of due process and equity under the law for all Americans had

been addressed at different points in history by the U.S. Supreme Court

decisions, beginning with the famous 1932 case of Powell v. Alabama and

ending with the broader Argersinger v. Hamlin in 1971. They also stated

that

these decisions (Powell v. Alabama, Gideon v. Wainwright, Argersinger v. Hamlin) have forced jurisdictions to broaden the right to counsel during adjudication and establish some systematic organization for providing representation for indigent defendants. Other Supreme Court rulings have ex­ tended the right of counsel for indigent in arraignment and sentencing hearings. (p. 176)

Discussions of the evolution of the defense system for indigent

defendants invariably focus on the types and effectiveness of various

approaches used in providing lawyers for the poor (Barak, 1980; Beaney,

1955; Silverstein, 1965; Smith, 1970). The three most common approaches

for providing representation for indigent defendants are: (1) the

assigned counsel system, (2) the public defender system, and (3) the

voluntary defender system. The first system, the assigned counsel

system, according to Smith (1970),

developed when most of America had a homogeneous population living in small communities in rural areas. The early success of the assigned counsel system was dependent on the relatively few criminal trials, hence, the infrequency of appointments relieved attorneys from frequent, uncompensated court appear­ ances. (p. 79)

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Further, according to Wilcox and Bloustein (1968), the failure of the

assigned counsel system is based more on locale instead of the system

itself:

We suggest that an important reason why the system of assign­ ed counsel has not been improved is that most of the adverse criticism focuses on its failures in metropolitan areas. The accepted view is that it works well in rural areas. This statement has, in fact, come to be taken as a truism. (p. 596)

Legal representation for the indigent defendant is provided by a

judge who appoints counsel for the defense on a rotating basis. How­

ever, with the urbanization of America, the assigned counsel system was

seen as an inadequate method of providing counsel for the poor because

the age and qualification of the attorneys were questioned, and the

stage at which the attorney was appointed was also questioned (Barak,

1980; Beaney, 1955; Smith, 1970). Under the assigned system, accused

murderers were most likely, in most cases, to receive better repre­

sentation under this system than other indigent defendants. Accord­

ing to Beaney (1955),

first, in murder cases, indigent defendants have commonly received adequate defense counsel, for the notoriety, the opportunity for personal publicity as well as public services and the fascination of defending the life of an accused have combined to make many able and experienced attorneys available for the defense in such cases (whether this has proved true, however, in certain communities where social tension exists, is doubtful). (p. 213)

The public defender system, the second type, emerged in the 1890s

because of perceived inadequacies of the assigned counsel system. Re­

presentation for indigent defendants is usually provided by a full-time

attorney employed by the state. In large urban areas, there are public

defender offices comprised of several salaried attorneys to represent

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indigent defendants. The public defender is seen as a public official,

professional and skilled in the criminal law (Smith, 1970). Accord­

ing to Silverstein (1965), the public defender system is superior

to assigned counsel:

A defender system provides experienced, competent counsel. . . A defender system assumes continuity and consistency in the defense of the poor, whereas an assigned counsel system results in great variations from one case to another. . . . A defender system is more economical to operate in metropolitan areas. . . . Institution of a defender system eliminates the likelihood of the undesirable practices sometimes found in assigned counsel system, whereby the attorney attempts to get a fee from the defendant or his family, and if he receives none or only a small amount, he does little work for the defendant. . . . In a defender system, the defender and the prosecution have a continuing relationship, thus assuring better cooperation between them than is possible between an assigned counsel and a prosecutor. (pp. 45-48)

The better cooperation between the defender and the prosecutor

alluded to in the above quote by Silverstein (1965) is viewed negatively

by Beaney (1955), Smith (1970), Lefcourt (1974), Wheeler and Wheeler

(1980), and others who view the cooperative relations as not being in

the best interest of the indigent defendant. This concern is succinctly

summarized in a statement by Lefcourt (1974):

Less blatant than these techniques (monetary bail and plea bargaining) is the cooperation among officials- - the judge, the prosecuting attorney, and the poor person's defense lawyers-- who use the legal techniques to isolate the prejudged defendants. Common class and racial bonds unite court officials and set apart defendant, more or less, according to the particular crime he or she is alleged to have committed. (pp. 256-257)

The third approach, the voluntary defender system, is a private

nonprofit, nongovernmental controlled agency that provides counsel for

the poor (Smith, 1970). The voluntary defender system is similar to

public defender system with some noticeable differences. According to

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Smith (1970),

the privately controlled aspect of the system meets the objections to the public defender system of political mani­ pulation and control by the courts and prosecutor. By being free of political control, the voluntary system is just as free of possible political corruption; however, it may be just as free of political responsibility. The danger (which may only be imaginary) always exists that being free from politi­ cal control, the system might lead to irresponsibility in dealing with indigent defendants. (p. 32)

Generally, the public defender system is seen as more economical

and efficient in providing representation to the indigent defendant

(Barak, 1980; Smith, 1970). However, a study by Silverstein (1965)

indicates that it is difficult to compare the various systems, except

to say the public defender system costs less in larger counties and

the assigned counsel system costs less in small counties. In terms of

outcome for defendants, however, Herman et al. (1977) posit the idea,

that, whether the defendant is indigent or nonindigent, lawyers have

little bearing on the outcome of cases regardless of the system.

In spite of the various approaches to providing counsel to an in­

creasing number of defendants, there remains a perception among

defendants that privately retained lawyers are better advocates for

their clients. According to a study conducted by Casper (1972), only

20% of defendants represented by public defenders believed that their

lawyers were on their side. On the other hand, 100% of the defendants

believed that privately retained attorneys were on their side, and 70%

of respondents believed that legal assistants were on their side. In

another study conducted by Herman et al. (1977), 85% of a sample

indicated that they would have preferred to be represented by a retained

lawyer. In their study

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defendants gave two main reasons for their preference for retained lawyers. First, in their view retained lawyers get better outcomes. A person with a retained lawyer has "a better chance to win." One defendant said that he had "never known a public defender getting a person off like a private lawyer can." The second reason given was that retained lawyers put more time and effort into their cases. They work harder, try harder, and are more thorough, we were told. (p. 44)

Legal Defense of Indigent Defendants and Outcome

Although Herman et al. (1977) alluded to differential outcomes

between indigent and nonindigent defendant cases based on poverty re­

lated variables, they concluded that multivariate analytical proce­

dures demonstrate negligible differences in outcomes related to type

of attorney. Regarding differences, Smith (1970) contends that

the difference in sentences decreases as the similarity between the cases increases. Thus, when major demographic characteristics as offense, prior record, and proceedings are held consistent across defense attorney categories, there are only marginal differences in the actual dispositions. We can find little evidence in the data to support the critics who argue that the public defender is grossly less effective for clients than a private attorney. (p. 94)

In regards to race, Spohn, Gruhl and Welch (1987) conclude that social

scientists have not been able to prove that black men are more likely

to be incarcerated than white men or treated more harshly by the crim­

inal justice system. Wilbanks' (1987) extensive review of the empiri­

cal literature indicates, as does Smith (1970), that when variables,

such as offense and prior record of the defendants are controlled, the

small relationship between race and sentence was reduced to statisti­

cal nonsignificance. A study by Taylor (1972) supports the conten­

tion of nonsignificant differences in outcome when the issue of type

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of defense is considered, and other factors, like the ability to make

bail, are considered more important than the type of attorney.

Extra-Legal Variables and Outcome

There has been considerable attention devoted to how the issue of

indigency is compounded when extra-legal variables, such as race, age,

or gender, enter the picture. Also, some processual aspects (plea

bargaining, dismissing charges, etc.) of the criminal justice system

have been examined for their role in respect to sentencing outcomes.

Throughout the literature, there are assertions that the criminal

justice system, like other American institutions, is inherently biased

against the poor (Carlin et al., 1967; Chambliss & Seidman, 1971; Her­

man et al., 1977; Lizotte, 1978; Orcutt, 1983). The differential

treatment is assumed to be systematic and complete (Carlin et al.,

1967; Chambliss & Seidman, 1971; Quinney, 1977). Accordingly, these

major theoretical assumptions posit that indigent defendants are treated

differently by the system and receive more severe sentences than non­

indigent defendants (Farley, 1988; Herman et al., 1977; Petersilia et

al., 1977; Silverstein, 1965).

Herman et al. (1977) analyzed outcome data for Los Angeles, New

York, and Washington D.C., and found that, in two of the three cities

studied, there were differential outcomes related to indigency status.

Although the differences in outcomes were minimal, Herman et al. (1977)

noted that

when it came to sentencing, however, convicted defendants who hired attorneys were less likely to wind up with a pri­ son sentence. And those whose attorneys were publicly

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compensated: 58 percent of all convicted public defender clients and 61 percent of convicted clients of court appoint­ ed lawyers got a prison sentence, compared with only 47 per­ cent of convicted clients of private counsel. (p. 54)

A study by Smith (1970) indicates that public defender clients have

a slightly higher conviction rate but differences are relatively

insignificant when the cases are controlled for such differences as

prior record. Regarding outcome differences, a greater proportion of

the public defender's cases receives prison or jail sentence.

Farley (1988) proposes that indigent defendants are most likely

to be minority members, and are also most likely to experience un­

equal treatment in the sentencing phase. Farley (1988), in citing

several studies in his book that support the unequal treatment thesis,

notes that

a study by Grams and Rhode of sentencing patterns in Minnea­ polis is especially striking in this regard. This study found that among 3,390 convicted felons between 1973 and 1975, blacks and Indians were twice as likely as whites to receive straight jail sentences as opposed to some form of reduced sentence, even after control for such factors as types of crime, criminal record, and even education and occupation. (p. 279)

Farley (1988) concludes that minorities with public defenders received

less effective representation than did whites with public defenders.

Jacob (1978) makes the observation that discrimination against blacks

in the courtroom is more contingent on the locale. Where blacks con­

stitute a sizeable proportion of the population and have some political

clout, discrimination is least apparent. On the other hand, quite the

opposite is true when blacks are few in number and exercise little or no

political power. When controlling for nonracial characteristics, race

emerges as a factor in instances where the judges use discretion in

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their sentencing decisions. According to Quinney (1974)

sentencing statistics and studies indicate that criminal court judges differ in their use of discretion in sentencing. Other studies have shown that sentences differ according to such characteristics of the defendants as race. Even when non-racial characteristics are controlled in analysis, blacks are found to receive longer prison sentences than whites. (p. 231)

Herman et al. (1977) conclude that, while indigency status is

important, the type of lawyer is not as important because

many observers attribute undue importance to how lawyers perform and underestimate how much other poverty-associated factors--primarily defendants bail status and prior record --are responsible for the outcome of cases. (p. 156)

Also important are the processual aspects of the criminal justice

system, especially plea bargaining as important factors directly af­

fecting the outcome of cases. The impact is often a negative one for

indigent defendants. According to Barak (1980), plea bargaining has

become the rule, instead of the exception, because the criminal justice

system is no longer an adversarial system but a bureaucratic structure

set up to induce guilty pleas. According to Chambliss and Seidman

(1971), Lefcourt (1974), and Quinney (1974), between 70% to 95% of crim­

inal defendants never make it to trial. Public defense lawyers are more

likely to get rid of their cases by plea bargaining (Herman et al.,

1977). While this may be true, the plea bargaining system results in

harsher sentences for the indigent defendant. In this regard, Silver­

stein (1965) warns that

an aspect of the guilty plea process that requires special consideration is the sentence meted out. Whatever the likelihood of a guilty plea by defendants with assigned counsel, it is quite clear from the docket study that such defendants who do plead guilty are much more likely to be sentenced to prison than are defendants represented by

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retained counsel. (p. 25)

Lefcourt (1974), using New York City data, further corroborates the

place of plea bargaining and the plight of the poor and minorities when

he noted that

it may surprise most people that there are almost no criminal trials in the United States: but since seventy percent (over ninety percent in some states) of all defendants who plead guilty, the need for most trials is eliminated. In 1966, there were 9,895 felonies recorded in New York City; 9,501 of those ended in convictions by a plea of guilty. The pressures on lower class, poor, or nonwhite defendants to plead guilty has received little attention, perhaps because those who are arrested and detained illegally are generally thought to be guilty anyway. (p. 257)

Conversely, there is a substantial amount of literature that indi­

cates the criminal justice system is not a two-track system. There are

many proponents (Houlden & Balkin, 1985; McNamara, 1979, 1980; Smith,

1970; Wheeler & Wheeler, 1980; Wilbanks, 1987) of the idea that there

is no basis for the contention that indigent defendants are treated

unfairly by the criminal justice system. After reviewing numerous

studies, Wilbanks (1987) for example, concludes that the criminal

justice system is not systematically racist. This is a challenge to

conclusions drawn by Farley (1988) as well as Burns (1974). Wilbanks

(1987) asserted that

the notion of "systematic" actions (discrimination) by the criminal justice system may be inaccurate. The decisions made across the system are made independently, and it appears from the California data that blacks receive more favorable treat­ ment at the front end of the system and less favorable treat­ ment at the back end of the system. (p. 157)

Two major studies by Smith (1970) and Herman et al. (1977) indicate

that there are some recognizable socio-cultural patterns as they relate

to indigency status. The indigent clients were more likely to be

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younger than nonindigent clients. Public defenders handled a

disproportionate share of black and Mexican-American clients. Most

of the clients were males. Female clients were more likely to retain

private counsel than males.

A study by Weischeit and Mahan (1988) found that female defendants

were somewhat younger than women in the general population. They were

most likely to be black, unemployed, and unmarried. Further, the female

defendants were most often unmarried and less likely to have dependents.

The effects of plea bargaining, according to Smith (1970), Downie

(1971), and Herman et al. (1977), on indigent defendants as opposed to

nonindigent defendants are negligible and might work to the advantage of

all clients. In sum, the theoretical views on plea bargaining, espe­

cially the notion that there are no differences between the outcomes of

indigent and nonindigent defendants have garnered the most empirical

support.

Indigency Status and Bail

The ability to make bail is considered the most important criterion

determining indigency status (Silverstein, 1965). Many view the bail

system as being biased in favor of affluent and white defendants (Burns,

1974; Cantor, 1939; Herman et al., 1977; Jacob, 1978; Lefcourt, 1974;

Smith, 1970). Cantor (1939), in recognition of the inequities of the

system, states that

one of the features of temporary release by bond is its unfair operation with regard to the poor defendant. He has no financial means of his own nor can he afford a bond fee. The innocent poor, therefore, remain in jail. (p. 78)

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Bail is designed to help guarantee the appearance of the defendant in

court (Burns, 1974; Lefcourt, 1974). Burns (1974) views the money

bail system as an example of the institutionalized subordination of

the nonwhite. According to Lefcourt (1974), bail is utilized for other

biased purposes:

The Eighth Amendment guarantees against excessive bail and the Supreme Court has ruled that the only function of the bail is to help guarantee the appearance of the defendant in court. But bail is most often used against a defendant to "teach him a lesson" or to "protect the community." A poor or non-white defendant languishes in jail weeks, months and even years before trial. (p. 257)

Wilbanks (1987), looking at the same issue contends that while

there is certainly no clear pattern of blacks being released less often than whites for similar offenses. The best argument that can be made is that blacks are discriminated against indirectly, through socio-economic status, in all jurisdictions and directly in some. (p. 87)

Jacob (1978) states that many jurisdictions have initiated major reforms

of the bail status that should have an impact on the "inherent" unfair­

ness of imprisoning some defendants before their conviction simply be­

cause they are poorer than others. However, major studies (Herman et

al., 1977; Smith, 1970) indicate that clients who are able to afford

private lawyers are able to make bail. Smith's (1970) study indicated

that clients with public defenders are more likely to remain in jail

than clients with private attorneys, 55% and 17.4% respectively. Herman

et al. (1977) show a consistent pattern in Washington D.C., Los Angeles,

and New York City of public defender clients being unable to make bail.

More importantly, the ability to make bail is viewed by many in the

literature as directly impacting on the outcome of defender cases (Oaks

& Lehman, 1968; Taylor, 1972). Oaks and Lehman (1968), maintaining that

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being detained in jail influences sentencing decision, assert that

he [indigent defendant] may suffer at trial because one crucial presumption of innocence may not have the same vitality for a defendant who is in custody as for a defendant whom the jury sees arrive in the court in the company of his family and friends. Finally, in the event of conviction, the defendant who has been able to continue working and to keep family and community contacts during the period before trial may be a better risk for probation than one whose life has been disrupted by a long stay in jail. (p. 95)

Moreover, Taylor (1972), in support of Oaks and Lehman (1968), contends

that

the sentence of defendants in custody are more likely to be more severe than those released on bail or on their own recognizance; and the fact that defendants with retained counsel are more often released on bail explains his more favorable outcome. (p. 21)

Herman et al. (1977) offer some figures to illustrate the connection

between the inability of making bail and severity of sentence. They

point to the fact that

people represented by legal aid were less likely to be released while their cases were pending, and pretrial detention was strongly related to chances of receiving a prison sentence. (The imprisonment rate was 67 percent for those detained, 30 percent for those who made bail, and 16 percent for those released on their own recogni­ zance). (p. 103)

Summary

Some of the literature presented in this chapter suggests that

the difference between indigent and nonindigent defendants is either

negligible or nonexistent regarding sentencing outcomes and other pro-

cessual aspects in the criminal justice system, especially when such

legal variables as prior record and types of crimes are controlled.

On the other hand, there are those scholars who are unable to dismiss

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the importance of legal and extra-legal variables as major determi­

nants of sentencing outcomes.

Since most of the studies and their conclusions, regardless of

position, have been based on an examination of court systems in large

metropolitan communities, it seems that there is a need to investigate

some of these issues using a different geographical setting: a small

urban community like Kalamazoo County. This study investigates the

impact of legal and extra-legal variables on sentencing outcomes, using

data from Kalamazoo County Circuit Court. The following chapter will

provide a discussion of the research design and methods utilized in the

collection of the data.

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METHODS

Introduction

This chapter provides an explanation of the selection of the popu­

lation, a description of the sample, the research design, as well as

a description of the statistics used to examine the research data and

questions.

The study relied on files from the Kalamazoo, Michigan County

Circuit Court which handles the major civil and all criminal cases that

come under the state law. Usually the circuit court deals only with

adults; however, when a juvenile defendant commits a serious offense,

the defendant may be bound over to the circuit court for processing as

an adult. Major crimes are known as felonies, and as such, are

processed in the circuit courts.

Michigan's circuit court judges are nominated and elected on a non­

partisan ballot for a six-year term: They must live in the district in

which they preside. In Kalamazoo County there are five Circuit Court

Judges, one prosecuting attorney and 25 assistant prosecutors. There is

a prosecuting attorney in each of Michigan's counties with assistants

who represent the state and prosecute those brought into the court for

violations of the criminal code.

Kalamazoo County is located in southwestern Michigan, equi-distance

from the nation's third and seventh largest population centers: Chicago

and . The county is comprised of four cities, 15 townships, 5

26

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villages, and has a population of 218,000; approximately 64% reside in

Kalamazoo, Portage, and Kalamazoo Townships. A majority of the

residents are classified as urban.

Unlike the cities of Chicago and Detroit, Kalamazoo County is not

famous as a national crime capital. For example, in 1989, according to

the Uniform Crime Reports (1990), the number of murder and non-negligent

manslaughter crimes known to the police in Detroit were 624 as compared

to only 12 in Kalamazoo County. The comparative rates for Detroit and

Kalamazoo County remain consistent across other categories of crime

known to the police.

Population and Sample

The sample population is comprised of criminal defendants randomly

selected from the case files of the Kalamazoo County Circuit Court and

who were processed in the Kalamazoo Circuit Court from May, 1987 through

May, 1988. Prior to 1987, the race of the defendant was not systematic­

ally a part of the record. Thus, data about race were available for

only a part of the study period. Of the 1240 criminal defendant files

available, 336 files were randomly selected for inclusion in the study;

301 or 90% proved to be fully useful. Most of the 35 excluded files

were duplicate defendant files or the missing information made the file

unusable. From the files, the data were compiled manually and

systematically on the structured instrument by the researcher and

undergraduate assistants.

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Source of Data

A defendant is processed through the criminal justice system in a

series of stages that are carried out in a variety of patterns. Most

of the activities of the criminal justice system are designed to deter­

mine the legal innocence or guilt of the defendant (Neubauer, 1979).

The process begins with a defendant or suspect being arrested and a

decision to prosecute follows.

This study extracted data from the defendant's file at the stage

that he/she was bound over from the district to the circuit court for

an arraignment on a major crime. A variety of forms were utilized to

extract personal defendant information. The form titled "Felony Case

Status" (Appendix B) was utilized to gather information regarding

whether a defendant is being represented by an appointed or retained

attorney and type of bond posted.

A defendant is arraigned in circuit court. The form titled "Ar­

raignment Report and Order Limiting Time Motions" (Appendix C) was

utilized to extract information at this juncture of defendant pro­

cessing. The type of attorney, type of charge, plea, bail, repeat

defendant supplement and pre-trial motions are information utilized

from the form.

Plea bargaining is an important processual stage in the criminal

justice system. Although this study does not directly address the plea

bargaining process, it does examine the relationship between type of

plea and other legal and extra-legal variables.

Several forms were utilized to extract information regarding the

final disposition of a defendant. The primary dependent variable of

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this study is sentencing outcome and two of the forms utilized to

gather sentencing data were the "Order of Probation Form" (no longer

available) and the "Judgment of Sentence Commitment to Jail Department

Form" (Appendix D). The order of probation form includes information

regarding a defendant's sentence to probation and the conditions of

probation (e.g., length and financial conditions).

The "Judgment of Sentence Commitment to Jail Department Form"

contains information regarding a defendant being sentenced to prison

after conviction of a crime. The sentence may range from a few

months to life in prison. A defendant may be sentenced to the

State Prison of Southern Michigan located at Jackson (the largest

walled prison in the world which houses approximately 6,000 prison­

ers), or to one of the state prisons located at Marquette and Ionia.

Another form titled "Petition and Order for Court-Appointed At­

torney" (Appendix E) was utilized to gather social-economic data about

defendants filing for indigency status to have the court appoint them

an attorney. Social-economic variables on this form included employ­

ment status, average gross pay, general assistance pay, assets and

financial obligations. These data are available only for those apply­

ing for a public defender or court-appointed attorney.

The Kalamazoo County Circuit Court has an administrator who is

responsible for the staff who complete the forms in a defendant's file.

Clerks of the court complete the defendant files and assisted the re­

searchers when there were questions about the paperwork contained in

the files.

The instrument developed for the study was based on the

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. aforementioned forms and files. It had 90 variables including

information on defendant's social, economic, and legal characteristics

(Appendix A). There were two pre-tests conducted to evaluate the

instrument. Revisions of the instrument were made as deemed necessary

in order to collect the data accurately.

Variables

Dependent Variable: Sentencing Outcome

Sentencing outcome is operationalized in this study to include

probation, fines, jail, prison, and length of sentence. Several

questions were utilized to measure this variable (Appendix A ) .

Probation is a sentence designed to punish a defendant by main­

taining control over the defendant. Defendants on probation are per­

mitted to live in the community under some type of supervision: it

is often reserved for defendants who are viewed as not likely to com­

mit another offense or be a danger to the public.

Fines are penalties imposed on defendants in which they pay cash

to the court for restitution. Fines are more commonly imposed in fel­

ony cases like embezzlement and income tax evasion. Fines, frequently

used in combination with other types of punishment (e.g., probation and

fines), are not often levied in felony cases.

The two major types of incarceration sentences are jail and prison

Jail means a defendant is incarcerated in a local community facility.

Michigan law limits jail sentences to one year or less. Prison is

viewed as a more severe type of incarceration sentence and a defendant

is placed in a state correctional facility for varying lengths of time.

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The length of sentence was utilized to measure types of

incarceration. The number of months were recorded to measure length

of sentence.

The primary study question is: What factors are related to dif­

ferent sentences in Kalamazoo County Circuit Court during the period

studied?

Independent Variables: Legal and Extra-Legal

Legal Variables: Type of Crime. Prior Offense. Bond. Plea

The type of crime was examined in two questions indicating primary

charge and secondary charge. The primary charge was utilized in this

study because it was deemed the most serious offense. The primary

charge as well as the secondary charge were categorized by utilizing the

Uniform Crime Reports (1990) as a guide. The primary charges were

placed in categories of violent personal, violent property, non-violent

property, larceny in a building and controlled substance. In some cases

these categories were collapsed to violent crimes, non-violent crimes

and drug crimes for analytical purposes.

Defendants charged with violent crimes, for example, were accused

of murder, assault or rape. Violent property crimes pertain to armed or

unarmed robbery. Burglary, theft of motor vehicle, embezzlement and

arson are considered non-violent property crimes. Larceny in a building

refers to shoplifting offenses and drug offenses were charged against

defendants who were attempting to deliver or sell drugs.

An aspect of the second research question includes: Does the type

of offense influence sentencing outcomes and is it more likely that

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serious defendants will receive harsher sentences? The literature shows

that type of crime impacts on sentencing outcome. For example, the

less serious the offense the more likely the defendant will receive

a more lenient sentence (e.g., probation).

Prior offense was ascertained from the filing of a repeat defendant

supplement form. The supplement measured recidivism as a dichotomous

variable: "Yes" for the filing of a repeat defendant supplement and

"no" for the non-filing of the repeat defendant supplement. In

Michigan, and as a policy of the Kalamazoo County Prosecutor, a repeat

defendant supplement is automatically filed for a defendant with a prior

record. Even if the supplement is dropped as part of the plea, the

record will indicate it was filed and dropped.

The literature indicates that prior record has an effect on sen­

tencing outcomes. Another research question pertains to: Do prior

contacts with the judicial system lead to harsher sentences (e.g., jail

and prison)?

Bond and type of plea are utilized in this study as both indepen­

dent and dependent variables. As independent variables, during the

processing of the defendant, the defendant's release bond or plea may

affect sentencing outcomes. Some studies suggest that defendants not

released on bond are more likely to receive harsher sentences because

the presumption of innocence is removed (Herman et al., 1977; Oaks &

Lehman, 1968; Taylor, 1972). It has been postulated that the "reward"

for a plea of guilty is a lighter sentence because it saves the court

time since there is no trial. The literature suggests a multiplicity

of relationships exist between these variables that may impact

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defendants' processing and outcomes.

As dependent variables, the study examines how other legal vari­

ables (e.g., type of crime, prior offense) and social characteristic

variables (e.g., race, age, gender) impact on bond and type of plea.

For example, who is most likely to get a particular type of bend and

what type of bonds are most common for violent and non-violent de­

fendants? Who is most likely to plead guilty and is a defendant with­

out prior records less likely to plead guilty?

There are three basic bond options: (1) personal recognizance,

(2) 10%/surety, or (3) cash. Bond, which may be denied by court policy,

was examined in three different ways in this study. First, bond is

examined, if other than personal recognizance or denied, by whether

it was posted. Second, bond is examined by type of bond categories

indicated by personal recognizance, surety recognizance, cash, cash

or surety or 10%, cash or surety no 10% and denied bond.

Personal recognizance, and 10% and surety recognizance bonds are

alternative to cash bonds. Defendants viewed as having strong ties to

the community, less likely to flee, and who committed less serious

offenses are more likely to be given personal recognizance or surety

recognizance.

The most common type of bail is cash bonds. The category of cash

bond indicates that a defendant has to post the total amount of cash

requested by the court. Cash or surety or 10% bond allows a defendant

several ways to post the bond. Surety implies that a defendant must

have some type of collateral acceptable to the court to satisfy bond

conditions.

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Cash, or surety, and no 10% bond indicates that a defendant must

come up with total cash or collateral set by the court for bond.

Some defendants are denied bond and must await trial in jail.

Third, bond is examined by cost (from $50 to $50,000). The cost

of bond is collapsed into categories for ease of analysis.

Plea is examined in two questions pertaining to how a defendant

plead on the first count and on the second count if applicable. The

categories of plea in this study are mute, not guilty, guilty, and nolo

contendere. When defendants enter a plea of mute, that indicates there

is no plea by the defendants, the court automatically enters a not

guilty plea. A plea of guilty or not guilty is a direct admission or

denial filed by a defendant, responding to charges brought by the court.

Nolo contendere is a plea that the defendant will not contest a charge

brought by the court but does not admit the charge.

Social Variables: Race. Age. Gender. Employment Status. Marital Status

The issues raised in Kalamazoo County over the last fiscal year

included the findings of a Michigan Task Force which purported that the

Michigan judicial system is "infected" with racism, sexism and ethnic

discrimination in both subtle and overt ways (Mosby, 1990). The find­

ings by the task force of overt and subtle racism, sexism and ethnic

discrimination are not considered systematic across all courts and court

personnel.

Race of the defendant was measured by questions indicating whether

the defendant is white or non-white. Virtually all of the non-whites

were black. Race was missing from approximately 50% of the cases

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 35

studied because of an earlier policy of not recording the defendant's

race on his or her record. Theoretically, this policy was implemented

to safeguard against discrimination based on race.

The age of the defendant was measured in terms of the year report­

ed on the form at the time of processing. Age was collapsed in the

study to make more meaningful analyses and comparisons.

Gender was determined by extracting the information from the court

form. As in previous studies, most of the defendants were male. There

were only three cases where gender was not reported.

Employment status was measured by several questions. The employ­

ment status of a defendant was requested when he/she filed for a court-

appointed attorney. The questions asked whether the defendant was em­

ployed, name of the employer, address of the employer, length of em­

ployment, actual gross pay, average gross pay, actual net pay, and

average net pay.

Marital status was answered in terms of whether the defendant was

married, divorced, separated or single. Like employment status, marital

status was requested when a defendant filed for a court-appointed at­

torney. Marital status was collapsed in the study in order to analyze

the data in more meaningful terms.

The social variables were utilized to describe the defendant

population and to examine the relationship between social variables,

legal variables and sentencing outcomes. Various cross-tabulations of

data were utilized to examine these relationships and their influence on

the processing and sentencing of the defendant.

The literature suggests there may be a relationship between

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 36

sentencing outcomes for defendants based on their ability or inability

to retain an attorney (Herman et al., 1977; Smith, 1970). There is

an assumption that retained attorneys can effect better outcomes

for their clients. Further, that the retained attorneys can effect

better outcomes regardless of important legal variables like type of

crime and prior offense is a part of that assumption. The information

to examine this relationship was extracted from a form filed by de­

fendants claiming indigency status and requesting a court-appointed

attorney.

Statistical Procedures

This study utilized descriptive statistics to examine the research

questions, particularly cross - tabulated relationship of variables and

the chi-square (or X^) test. Cross-tabulation analysis is a procedure

whereby frequency distributions are cross - tabulated with each other.

With dichotomous variables, this allows the investigator to examine all

possible combinations of observed responses. This is based on a com­

parison between the observed cell frequencies of a cross - tabulation of

a joint contingency table with the frequencies that would be expected

if the null hypothesis of a relationship were in fact true. The key

to the calculation of the chi-square statistic is to obtain these ex­

pected frequencies. If two variables are statistically independent

within categories of the independent variable, in a contingency table,

there are identical proportions of the dependent variable. Similarly,

within each category of the dependent variable the same proportion of

the independent responses occurs (Bohrnstedt & Knoke, 1982).

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 37

The low numbers of responses were due to problems inherent in do­

ing secondary data analysis. Inadequate record keeping resulted in most

of the missing data for the several variables. Table 1 shows the amount

of data missing in regards to the important variables in this study.

The missing data limited extensive cross-tabulation that would have been

useful in making a more definitive statement about the relationships

between variables. The indigency form filed by a defendant seeking a

court-appointed attorney had a large number of variables with missing

data. Some of the information from this form was not reliable which

prevented extensive cross-tabulation of the data. Unfortunately, be­

cause of this dilemma, the analysis of the impact of type of attorney

on the processing and sentencing outcomes of defendants was not carried

out by the researcher pertaining to the indigency/non-indigency status

of defendants.

Table 1

Missing Data*

Variables Frequency Total Sample % Missing

Legal

Plea-Second Count 294 301 2.3

Plea-First Count 296 301 1.7

Disposition of Case 296 301 1.7

Extra-Legal

Average Gross Pay 129 270** 52.2

Race 150 301 50.1

Actual Gross Pay 158 270 41.5

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 38

Table 1--Continued

Variables Frequency Total Sample % Missing

Other Income 174 270 35.6

General Assistance 191 270 29.3

Length of Employment 198 270 26.7

Employment Status 207 270 23.3

Marital Status 264 270 2.2

Assets 253 270 6.3

Resident 265 270 1.9

Age 297 301 1.3

Gender 298 301 1.0

*Only those variables with missing data are contained in this table.

**The 270 figure is used to designate those defendants, not the total sample of 302, who petitioned for a court-appointed attorney and they were the only defendants asked to provide information on their income, employment, marital status, etc.

Summary

An exploratory study of Kalamazoo County Circuit Court was imple­

mented to examine the impact of legal and extra-legal variables on

sentencing outcomes. Further, the study examined the relationships

between legal and extra-legal variables and their impact on the pro­

cessing of criminal defendants.

The independent and dependent variables were operationalized and

examined through various questions on the survey instrument. Both

univariate and multi-variate analytical techniques were utilized to

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. examine the relationship of independent variables to the dependent

variables in an effort to answer the research questions posed at

the end of Chapter I.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. CHAPTER IV

FINDINGS

This chapter has two main sections: section one provides a brief

description of the 301 criminal defendants who comprised the sample for

this investigation, and section two assesses the extent to which the

data are able to answer the three important research questions raised

in Chapter II.

Description of Sample

Prior to this investigation, the race of the defendant was not

recorded in the defendant's file because of the policy mentioned in

Chapter III. This situation created a problem for any investigator

who wanted to control for race in an analysis of the court data. How­

ever, just prior to the start of this investigation, some changes had

been made in the record keeping policy and the race of the defendant

was allowed to be recorded. Of the 301 files randomly drawn, only 151

indicated the race of the defendant. In this instance, 84 (55.6%) of

the defendants were white and 67 (44.4%) were black. Hence, of the

301 subjects in the sample, we were able to identify only 22.2% as

black and 27.9% as white; race was unknown in 49.9% of the total cases

because it was not noted on the form in the defendant's file.

Fortunately, the files were more complete with respect to the

sex and age of the defendants: 84% were males and 16% were females,

and almost 85% were between 17-34 years-of-age, with a mean age of

40

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 26.6 years. The majority of the defendants were single (71%) and 18%

were married. When employment status was indicated, 50% of the sam­

ple was employed. Of the 78 that recorded length of employment,

approximately 62% were employed for less than one year and 90% were

employed for less than five years.

There were 276 defendants (91.7%) who petitioned for a court ap­

pointed attorney. The type of legal representation received by the

defendants in our sample was not dissimilar to the pattern found in

the larger society where an overwhelming majority of the defendants

were represented by a court-appointed attorney as opposed to a pri­

vate attorney, 88.7% to 11.3%, respectively.

Approximately 52% of the defendants received some type of incar­

ceration sentence, which included jail only, jail and probation, or

prison. Those who were placed on probation and allowed to remain in

the community represented 21.3% of the total sample (Table 2). Of

those incarcerated (156), 62.2% were given sentences which ranged

between one to 12 months; 23.1% received a prison term of one to

three years, and 14.7% were sentenced to more than three years in

a prison setting (Table 3).

Concerning the various criminal charges, 42% of the defendants

were charged with violent crimes, 44.5% with nonviolent crimes, and

12.8% were charged with drug related crimes. Of the defendants in

this study, most (61.1%) did not have a record of prior offense as

represented by the repeat defendant supplement. On the other hand,

38.9% of the defendants did have a record of a prior offense (Table 4).

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Table 2

Sentence of Adjudicated Defendants

Sentence Frequency Percent

Fine and Probation 2 .7

Probation 64 21.3

Jail and Probation 75 24.9

Jail 22 7.3

Prison 59 19.6

Other 19 6.3

NA 59 19.6

No Response 1 .3

Total 301 100.0

Table 3

Minimum Jail or Prison Sentence in Months

Months Frequency Percent

1-6 64 41.0

7-12 33 21.2

13-24 17 10.9

25-36 19 12.2

37-300 23 14.7

Total 156 100.0%

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 43

Table 4

Repeat Defendant Supplement: Prior Record

Frequency Percent

Yes 117 38.9

No 184 61.1

Total 301 100.0

Of the 301 subjects in this study, the file record revealed that

57.8% posted bond and 37.9% did not; 13 or 4.3% of the accused were

denied bond (Table 5). Table 6 shows the type of bonds set for the

accused in this study. Personal recognizance and cash or surety or

10% are the most frequently used type of bonds set by the court, 34.6%

to 45.3%, respectively.

Table 5

Bond Posted

Frequency Percent

Yes 174 57.8

No 114 37.9

Denied Bond 13 4.3

Total 301 100.0

In sum, the subjects in this study were: largely single males

with a court-appointed attorney, most were not repeat defendants, a

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Table 6

Type of Bond Set

Frequency Percent

Personal Recognizance 104 34.6

Surety Recognizance 3 .8

Cash 17 5.7

Cash or Surety or 10% 136 45.3

Cash or Surety no 10% 28 9.3

Denied Bond 13 4.3

Total 301 100.0

little over half were able to post bond, and nearly half were sentenced

to serve a period of incarceration.

Answers to the Research Questions

This section assesses the extent to which the data collected from

the court files are able to answer the three main questions taken as

the central focus of this dissertation. Below, each question is re­

stated, followed by a discussion of the findings from the court data.

Question 1: What are the relationships between socialvariables

and legal variables, (i.e., race and type of crime, age and type of

crime, gender and type of crime) as well as the relationship between

the various important legal variables (i.e., type of crime and type of

bond, prior record and type of bond)?

This question was designed to examine the various relationships

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 45

between social and legal variables and determine whether the findings

are consistent with past studies.

Race and Type of Crime

According to Table 7, a larger percentage of black than white de­

fenders were charged with violent personal offenses, 29.2% to 21.4%,

respectively. However, a slightly larger percentage of white than

black (31% versus 23.1%) defendants were charged with nonviolent proper­

ty offenses. Further, more white defendants than black defendants were

charged with drug related offenses, 14.3% and 10.8%, respectively.

For the two races, their involvement in violent property crimes were

Table 7

Type of Crime by Race

Race Black White Type of Crime # % # %

Violent Personal 19 29.2 18 21.4

Violent Property 13 20.0 17 20.2

Nonviolent Property 15 23.1 26 31.0

Larceny in Building 11 16.9 11 13.1

Controlled Substance 7 10.8 12 14.3

Total 65 100.0 84 100.0

X2 - 4.977

virtually the same. The computed indicated non-significant dif­

ferences in the type of crime committed by black and white defendants.

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Race and Prior Record. Plea and Type of Bond

Unfortunately, the prior record file did not provide information

on the prior offenses committed by the accused, which effectively pre­

vented the investigator from being able to control for race and any

particular prior offense (i.e., violent or non-violent). However,

the data in Table 8 reveal that black defendants were more likely than

white defendants to have had prior contact with the circuit court.

Approximately 55% of black defendants and 27% of white defendants were

recidivists. The Xf reveals that the relationship between race and

prior record was statistically significant.

Table 8

Prior Record by Race

Race Black White Prior Record # % # %

Yes 37 55.2 23 27.4

No 30 44.8 61 72.6

Total 67 100.0 84 100.0

Xf- 12.066

Concerning type of bond, Table 9 shows that white defendants were

more likely than black defendants to be required to post a personal or

surety recognizance bond, 48.8% to 23.9%, respectively; and black

defendants were more likely to be required to post bonds that included

cash. For example, 11.9% of black defendants were required to post a

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 47

cash, surety or no 10% bond as compared to only 4.8% of white defendants

(Table 9). Further, 58.2% of black defendants were required to post a

cash, surety or 10% bond as compared to 39.3% of whites. In sum, the

(11.831) reveals a statistically significant relationship between black

and white defendants and type of bond at the .05 confidence level.

Table 9

Type of Bond by Race

Race Black White Type of Bond # % # %

Personal Recognizance 16 23.9 40 47.6

Surety Recognizance 0 0.0 1 1.2

Cash 3 4.5 4 4.8

Cash/Surety/or 10% 39 58.2 33 39.3

Cash/Surety/or No 10% 8 11.9 4 4.8

Denied Bond 1 1.5 2 2.4

Total 67 100.0 84 100.0

Xf - 11.831

Age and Type of Crime. Plea

Most of the defendants charged with crimes in Kalamazoo County

Circuit Court were 29 years old or younger. As age of the defendant

increased it was more likely that the defendant would also be a reci­

divist. Defendants, aged 29 years old or younger, committed approx­

imately 62% of violent personal offenses, 90% of violent property

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 48

offenses, 74% of nonviolent property offenses, 61% of larceny offenses,

and 68% of drug offenses.

The percent of defendants in the under 20 age category was very

similar to those defendants in the 30-39 age category with respect to

non-violent property offenses, 23.6% and 22.2%, respectively. However,

those in the 30-39 age category were more represented for violent

personal crimes, larceny in a building and controlled substance than

defendants in the under 20 category: 23.1% versus 10.8%; 30.6% versus

16.3%; and 29.7% versus 13.5%, respectively. Not surprising, 41.7% of

those in the under 20 age category were charged with violent property

crimes compared to only 18.3% of those in the 30-39 age category. There

were only a few defendants in the 40 and over categories: five defend­

ants in the 50-59 category and only two in the 60 and over category

(Table 10). The Xf was statistically significant.

In sum, for those in this study, the general relationship between

type of crime and age appears to be that involvement in criminal acti­

vity declines markedly with age. However, there were more defendants in

the 30-39 age group vis-4-vis the under-20-age group for controlled sub­

stance, which was somewhat of a surprise; just the opposite was ex­

pected.

Young defendants were more likely to plea guilty than older de­

fenders and defendants in general were more likely to plea guilty to

the first charge. Additionally, white defendants were more likely than

black defendants to plea guilty to the first count charge. Black de­

fendants were more likely to plea not guilty.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. vO 100 100 Total Total # % 37 60 100 % 1.7 -over 0 0.0 49 100 0 0.0 65 100 60- # % 1.2 1 1.2 81 100 0.0 1 6.1 59 50- 0 0.0 0 0.0 0 4 # % 4.1 5 1.7 2 0.7 292 0.0 -49 40- 4 8.2 0 0.0 6 9.2 # Table 10 % 21.9 12 22.2 1 1.2 1 23.1 -39 30- Type of Crime byAge # 11 29.7 1 2.7 15 30.6 % 44.9 29 20- # 22 7 10.8 33 50.8 15 # % 25 41.7 29 48.3 5 8.3 0 Under 20 Substance 5 13.5 20 54.1 Building 8 16.3 Property 19 23.6 41 50.6 18 Property Personal Xz = 213.636 Total 64 21.9 145 49.7 64 Controlled Larceny in Non-Violent Crime Type of Violent Violent

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 50

Ape and Type of Bond

Defendants in the 29-years-of-age or younger categories were more

likely to be given personal recognizance bonds than older defendants.

For example, 74.8% of the defendants 29 years of age or younger were

given personal recognizance bonds, and 100% of them were given surety

recognizance bonds were 29 years-of-age or younger (Table 11). The

data show a consistent pattern for defendants 30 years-of-age and older.

As the age of the defendant increased, the less likely the defendant was

to be released on his/her own personal recognizance. For example, 29.1%

of the defendants 20 or younger were released on their own personal re­

cognizance as compared to 45.7% of defendants in the 20-29 age category

and 15.5% of the 30-39 age category. Further, when younger defendants

were required to post cash bonds, the bonds were less than bonds for

older defendants. However, defendants between the ages of 20 and 29

were more likely to be made to post bonds $10,000 and over. The

computed Xf was not significant.

Gender and Type of Crime

In Kalamazoo Circuit Court, more male defendants were charged

with violent crimes than female defendants, 46.4% to 18.7%, respect­

ively. Approximately 77% of crimes committed by females were non­

violent offenses inclusive of larceny in a building (Table 12).

The computed X^ was statistically significant.

Employment Status and Type of Crime

The types of crime committed by employed and unemployed defendants

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 100 100 100 Total Total 2 100 # % 297 136 100 103 100 % 0.6 0.7 0.0 over 0 0.02 11 0 0.0 28 1 0 0.0 17 100 0 60- # % 1.7 0.0 0.0 1.5 0.0 0.0 2.9 1 1.0 -59 50- 0 # % -49 40 0 0.0 0 0 0.0 44- rr Table 11 % 0.0 22.6 13 4.4 5 27.3 0 0.0 0 28.6 3 10.7 0 23.6 4 2.9 2 47.1 15.5 6 5.8 3 39 Type of Bond by Age 30- 3 8 0 # 32 1 % 45.4 46.4 45.7 16 100.0 -29 20 5 # 13 47 146 49.2 67 0.0 2 29.1 0 # % Under 20 or or no 10% 4 14.3 or or 10% 26 19.1 71 52.2 Recognizance Recognizance 30 X2 = 181.213 Denied BondTotal 3 27.3 64 21.5 Cash or Surety Surety Cash or Surety Cash 1 5.9 8L 47. 8 Personal Type of Bond

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 52

Table 12

Type of Crime by Gender

iGender Male Female Type of Crime # % # %

Violent Personal 59 23.6 6 14.0

Violent Property 57 22.8 2 4.7

Nonviolent Property 63 25.2 20 46.5

Larceny in Building 36 14.4 13 30.2

Controlled Substance 35 14.0 2 4.6

Total 250 100.0 43 100.0

X2 - 26.313

were similar across all offense categories except for the violent pro­

perty and non-violent property categories. Employed defendants were

more likely than unemployed defendants to commit non-violent property

crimes, 34.3% to 23.8%, respectively. On the other hand, unemployed

defendants were more likely than employed defendants to commit violent

property crimes, 26.7% versus 14.7% (Table 13). The was not signi­

ficant .

Employment Status and Type of Bond

The type of bond that employed and unemployed defendants were re­

quired to post were very similar across all bond categories. However,

there was a slight difference in terms of defendants being denied bond.

In this instance, unemployed defendants were more likely than employed

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 53

Table 13

Type of Crime by Employment Status

Employment Status Employed Unemployed Type of Crime # % # %

Violent Personal 20 19.6 18 17.8

Violent Property 15 14.7 27 26.7

Nonviolent Property 35 34.3 24 23.8

Larceny in Building 18 17.6 22 21.8

Controlled Substance 14 13.7 10 9.9

Total 102 100.0 101 100.0

X? - 6.647

defendants to be denied bond (5.8% versus 2.9%). The Xf (4.105)

indicated that the differences were not statistically significant

(Table 14).

Marital Status and Type of Crime

A majority of defendants (75.8%) in this study were single. Ap­

proximately 18% of the defendants were married and separated, and 5.9%

were divorced. Collapsing categories, married and separated defendants

were more likely than single and divorced defendants to commit violent

personal crimes (26.3% versus 22.5%). Single and divorced defendants

were more likely than married and separated defendants to commit violent

property crimes, 26.4% to 7.9%, respectively (Table 15). The X^ in­

dicated the differences were not statistically significant.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 54

Table 14

Type of Bond by Employment Status

Employment Status Employed Unemployed Type of Bond # % # %

Personal Recognizance 36 34.6 34 33.0

Surety Recognizance 2 1.9 0 0.0

Cash 5 4.8 5 4.9

Cash/Surety/or 10% 51 49.0 47 45.6

Cash/Surety/or No 10% 7 6.7 11 10.7

Denied Bond 3 2.9 6 5.8

Total 104 100.0 103 100.0

X? - 4.105

Table 15

Type of Crime by Marital Status

Marital Status Married Separated Divorced Single Type of Crime # % # % # % # %

Violent Personal 9 30.0 1 12.5 7 58.3 33 19.9

Violent Property 2 6.7 1 12.5 2 16.7 45 27.1

Non-Violent Property 10 33.3 4 50.0 0 0.0 44 26.5

Larceny in Building 4 13.3 1 12.5 3 25.0 25 15.1

Controlled Substance 5 16.7 1 12.5 0 0.0 19 11.4

Total 30 100.0 8 100.0 12 100.0 166 100.0

X2 - 32.597

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 55

Marital Status and Type of Bond

There appears to be some differences between a defendant's marital

status and type of bond. Collapsing the categories of married defend­

ants with separated defendants indicate some differences with the col­

lapsed categories of divorced and single defendants. Married and sep­

arated defendants were more likely than divorced and single defendants

to be released on their own recognizance (32.5% versus 29.1%). On the

other hand, married and separated defendants were more likely than

divorced and single defendants to be denied bond (7.5% versus 3.9%).

The Xf of 19.079, however, indicated that the differences were not

statistically significant (Table 16).

Type of Crime and Bond Posted

Violent defendants (56.1%) and defendants who commit larceny in a

building (51%) were least likely to post bond. On the other hand, drug

defendants (84.2%) were most likely to post bond. However, among those

defendants who commit larceny in a building, approximately 50% posted

bond and 50% did not do so (Table 17). The differences were not sta­

tistically significant.

Bonds involving cash (Table 18) were almost the same for those

accused of violent personal, violent property and larceny in a building

crimes, 67.7% versus 65.5% versus 69.4%, respectively. Nonviolent

property defendants (49.4%) and drug defendants (50%) were least likely

to be made to post cash bonds. Violent persona1 defendants (29.2%) and

drug defendants (44.7%) were more likely to be given personal or surety

recognizance bond than defendants (24.5%) who committed larceny in a

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 56

building.

Table 16

Type of Bond by Marital Status

Marital Status Married Separated Divorced Single Type of Bond #% # % # % # %

Personal Recognizance 11 34.4 2 25.0 3 23.1 49 29.5

Surety Recognizance 2 6.3 0 0.0 0 0.0 0 0.0

Cash 1 3.1 0 0.0 2 15.4 10 6.0

Cash/Surety or 10% 15 46.9 4 50.0 6 46.2 82 49.4

Cash/Surety or no 10% 1 3.1 1 12.5 2 15.4 18 10.8

Denied Bond 2 6.3 1 12.5 0 0.0 7 4.2

Total 32 100.0 8 100.0 13 100.0 166 100.0

X? - 19.079

Further, defendants who committed larceny in a building were more likely

to be denied bond than any other type of defendant category. The Xf

(36.268) indicated the differences were not significant.

Across all categories of crime, when bonds were set at $10,000 and

over, only 26.5% of larceny defendants were required to post that amount

of bond. Approximately 50% of all of the other defendants were made to

post bonds exceeding $10,000 (Table 19). The Xf indicated the differ­

ences were not significant.

Prior Record and Bond

Defendants (60.7%) with a prior record were less likely to post

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Ln % 42.2 # % 82.1 174 57.8 6 17.9 127 32 r f % 52.0 24 48.0 # % 32.1 26 Type of Crime Table 17 27 # Posted Bondby Type of Crime % 47.5 28 # % 100.0 60 100.0 84 100.0 50 100.0 38 100.0 301 100.0

r 67 -u . t Violent Violent Non-Violent Larceny in Controlled Total X2 = 22.174 No 38 56.7 Posted Personal Property Property Building Substance Total Bond Yes 29 43.3 32 52.5 57 67.9

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 00 Ln 9.2 4.1 5.1 35.3 100.0 Total Total # % 104 5.3 12 42.1 135 45.7 42.1 16 16 Substance Controlled # % 8.2 1 2.6 15 100.0 38 100.0 295 7 14.3 2 5.3 27 4 49 in Buildingin Larceny # % Crime 8.4 4.8 Type of Table 18 7 83 100.0 Property # % Nonviolent Type of Bondby Type of Crime 10.0 100.0 1 1.7 0 0.0 0 0.0 1 2.6 2 0.6 60 Property # % Violent 7.7 6 56.9 29 48.3 30 36.2 23 46.9 100.0 5 2 3.1 4 6.6 4 0 0.0 37 Personal # % Violent Total 65 Cash/Surety or No 10% Denied Bond 2 3.1X2 = 36.268 1 1.7 4 4.8 3 6.1 2 or or 10% Surety Cash/Surety Personal Cash Recognizance 19 29.2 19 31.1 38 45.8 12 24.5 Recognizance Bond Type of

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 59

bond than defendants (69.6%) without a prior record. The relationships

Table 19

Cost of Bond by Type of Crime

Type of Crime

Cost Violent Violent Nonviolent Larceny Controlled of Bond Personal Property Property in Building Substance # %#% # %# % # %

Under $1000 4 6.1 3 5.0 4 4.8 5 10.2 2 5.3

$1000- $3500 20 30.3 19 31.7 29 34.9 20 40.8 14 36.8

$4000- $7500 8 12.1 9 15.0 8 9.6 11 22.4 4 10.5

$10,000- Over 34 51.5 29 48.3 42 50.6 13 26.5 18 47.4

Total 66 100.0 60 100.0 83 100.0 49 100.0 38 100.0

X? - 61.598

between prior record and types of bond are revealed Table 20. Twenty-

five percent of defendants with prior records were given personal re­

cognizance bond while 75% of defendants without prior records were given

personal or surety recognizance bonds. More repeat defendants were de­

nied bond as opposed to first-time defendants, 61.5% to 38.5%, respect­

ively. Hence, the findings suggest that there is a strong relationship

between prior record and type of bond. The findings were statistically

significant at the .05 level of confidence.

An examination of the relationship between prior record and cost

of bond, however, indicated that first-time defendants were more

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 60

ly to be required to post more costly bonds than repeat defendants.

Table 20

Type of Bond by Prior Record

Prior Record

Yes No Total Type of Bond # % # % # %

Personal 26 25.0 78 75.0 104 100 Recognizance 22.2 42.6

Surety 0 0.0 2 100.0 1 100 Recognizance 0.0 1.1

Cash 10 58.8 7 41.2 17 100

Cash or Surety 56 41.2 80 58.8 136 100 or 10% 47.9 43.7

Cash or Surety 17 60.7 11 39.3 28 100 or No 10% 14.5 6.0

Denied Bond 8 61.5 5 38.5 13 100 6.8 2.7

Total 117 100.0 183 100.0 300 100

Xf - 21.251

Note: The top figure in the percentage column for each cross - tabulation is the row percentage and the bottom figure is the column percentage.

Approximately 47% of first-time defendants were made to post bonds ex­

ceeding $10,000 as opposed to approximately 38.5% of repeat defendants

(Table 21). The Xf (8.122) indicated the differences were not sta­

tistically significant.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Plea and Count by Type of Crime

Approximately half of the defendants (50.4%) plead guilty to the

Table 21

Cost of Bond by Prior Record

Prior Yes No Cost of Bond # % # %

Under $1000 11 9.4 8 4.7

$1000-3500 38 32.5 65 38.0

$4000-7500 23 19.6 18 10.5

$10,000-Over 45 38.5 80 46.8

Total 117 100.0 171 100.0

X? - 8.122

first count. Only 11.7% of the defendants plead not guilty and a plea

of nolo contendre was entered for 14.1% of defendants.

Collapsing the categories of mute with not guilty and guilty with

nolo contendre, the findings indicated that violent property defendants

(70.0%) and larceny defendants (79.6%) were more likely to plead guilty

as charged on the first count. Violent personal defendants (44%) and

drug defendants (54.3%) were least likely to enter a plea of guilty as

charged (Table 22). The (58.766) indicated a significant difference

between type of plea and type of crime.

There appears to be a minimal difference between a defendant's plea

based on prior record. Approximately 53% of defendants with a prior

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 62

record plead guilty as charged while approximately 49% of first-time

defendants plead guilty.

Question 1: Summary of findings and their relationships.

Table 22

Type of Plea by Type of Crime

Type of Crime

Type of Violent Violent Nonviolent Larceny Controlled Plea Personal Property Property in Building Substance # % # % # % # % # %

Mute 19 28.8 11 18.3 23 28.8 8 16.3 8 22.9 (29 44.0) (28 30.0) (27 33.8) (10 20.4) (19 54.3)

Not 10 15.2 7 11.7 4 5.0 2 4.1 11 31.4 Guilty (37 56.1) (42 70.0) (53 66.3) (39 79.6) (16 45.7)

Guilty 18 27.3 38 63.3 46 57.5 30 61.2 14 40.0

Nolo Contendre 19 28.8 4 6.7 7 8.8 9 18.4 2 5.7

Total 66 100.0 60 100.0 80 100.0 49 100.0 35 100.0

X? ■= 58.766

The parentheses show the collapsed categories figures.

1. There were minimal differences in the type of crimes committed

across racial categories. However, more blacks were involved in violent

personal crimes and whites were more involved in non-violent crimes.

2. White defendants were more likely than black defendants to be

released on their own personal recognizance. Whereas, black defendants

were more likely than white defendants to be required to post cash or

surety types of bond.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 63

2a. The relationship between race and type of bond was not

statistically significant when type of crime was introduced in the

analyses (Tables 23 and 24).

3. Age emerged as an important factor in all types of crimes.

Young defendants were disproportionately represented across all crime

categories.

4. The relationships between types of bond and age were not

statistically.

5. There was a statistically significant relationship between

gender and type of crime. Males committed more violent crimes than

females and females committed more non-violent offenses.

6. The relationship between employment status and type of crime

or type of bond was not statistically significant.

7. The relationship between marital status and type of crime was

statistically significant.

8. Larcenists and violent defendants were more likely to be de­

tained before adjudication.

9. The relationship between type of crime and type of bond was

not statistically significant.

10. The relationship between cost of bond and type of crime was

statistically significant. Larcenists were less likely to be made to

post bonds exceeding $10,000.

11. Prior record was strongly related to type of bond.

An overwhelming majority of defendants without prior record were given

personal recognizance bond. Surprisingly, first-time defendants were

required to post more costly bonds.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. a* 0.0 100.0 100.0 Bond Denied 0 0.0 1 # % % 50.0 0 0.0 33.3 10% Surety or No 1 16.7 0 2 rr Cash, % 9.1 21.2 0 0.0 0 0.0 10% Surety, or 3 6 18.2 0 0.0 7 8 24.2 3 9 27.3 # Cash, % Table 23 0.0 33.3 Cash 3 100.0 33 100.0 6 100.0 1 0 0.0 0 # 7.1 1 42.9 35.7 Type of Crime by Type of Bond: Controlling For Race (Black) Personal 0 0.0 0 0.0 # % 14 100.0 Recognizance Substance Property 6 Property 1 Personal 5 Controlled Total X2 - 29.702 Larceny 2 14.3 2 66.7 Non-Violent Crime Type of Violent Violent i i i i i ) I I j

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ON U i % 0.0 50.0 Bond 0 0.0 TT Denied % 0.0 1 50.0 0.0 66.7 0 No No 10% , Surety or , 3 100.0 2 100.0 0 0.0 0 0.0 1 33.3 1 0 2 # Cash, % 10.3 24.1 27.6 24.1 0 100.0 Surety, Surety, • 10% • or 7 29 # Table 24 Cash, Cash, % 25.0 25.0 8 25.0 7 Cash 4 100.0 1 # 25.7 25.7 1 Type of Crime by Type of Bond: Controlling For Race (White) 9 6 17.1 1 # % Personal Recognizance Substance 8 22.9 0 0.0 3 Property Property Personal 9 TotalX2 = 1 7 .4 8 1 35 100.0 Controlled Larceny 3 8.6 1 25.0 4 13.8 Non-Violent Crime Type of Violent Violent

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 66

12. Most violent property defendants and larceny defendants were

more likely than other defendants to plead guilty.

Question 2: What factors are related to different sentences in

Kalamazoo County Circuit Court during the period studied?

This question was designed to examine the impact of legal variables

themselves-- type of offense, prior record and plea--had on sentencing

outcomes.

Type of Sentence by Type of Offense

An inspection of the data in Table 25 suggests that there are

several patterns or relationships between type of crime and level of

punishment, i.e., sentencing outcomes. The data show that 80% of the

defendants convicted of a violent personal crime received either a jail

or prison sentence; 75% of those who committed a violent property

offense received that punishment, but only 54.1% of the non-violent

property defendants suffered that same fate.

The table shows that 87% of defendants convicted of a larceny in a

building received either a jail or prison sentence. Although the dif­

ference might not be significant, the data in this study show that a

higher percentage of building larcenists were incarcerated than those

convicted of a violent personal crime.

The same picture held true when we inspected the data in the con­

trolled substance category. By comparison, only 52% of those in that

category received a sentence of incarceration vis-A-vis 87% for those

in the larceny category. Of the drug defendants, 36% were sentenced to

a jail term while 16% were handed a prison term.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 67

Table 25

Type of Sentence by Type of Offense

Type of Offense

Violent Violent Nonviolent Larceny Controlled Type of Personal Property Property in Building Substance Sentence #% # % # % # % # %

Fine/ Probation 10 20.0 11 25.0 28 46.0 5 13.0 12 48.0

Jail 23 46.0 19 43.0 21 34.0 24 63.0 9 36.0

Prison 17 34.0 14 32.0 12 20.0 9 24.0 4 16.0

Total 50 100.0 44 100.0 61 100.0 38 100.0 25 100.0

X? - 45.647

A jail or prison sentence was associated more with larceny in a

building than any other offense, followed by violent personal crime,

violent property crime, nonviolent crime and controlled substance

crimes, in that order.

Those convicted of a controlled substance crime can anticipate a

fine/probation, especially when compared to those convicted of larceny

in a building. As a matter of fact, the building larcenists were more

likely to get a jail term rather than a fine and/or probation, which is

interesting because the violent personal defendant faired better than

those in the larceny category. For those convicted of violent personal

crime, however, they can expect to spend some time in jail or prison

(only 20% in this category received a fine or probation). The X^

(45.647) indicate that the relationship between type of sentence and

type of crime is statistically significant at the .05 confidence level.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 68

A prison sentence was used less frequently, regardless of the type

of crime, than any other form of punishment: most defendants received

either a fine/probation type of sentence or a jail term.

Length of Sentence by Type of Offense

Regardless of the crime, between 60-73% of the defendants received

a jail term ranging from 1 to 12 months in duration. Of those with a

jail sentence, a longer jail term (7-12 months) was placed on those

convicted of committing either a violent personal crime or violent

property crime, or controlled substance crime, in that order. As

anticipated, a larger percent of those convicted of a violent personal

crime or a violent property crime received harsher (37-300 months)

prison sentences (Table 26). The Xf was statistically significant.

Type of Sentence by Prior Record

Defendants with a prior record were more likely to receive incar­

ceration types of sentences than defendants without prior records,

95.1 % to 55.4%, respectively. Repeat defendants were more likely to

be sentenced to prison than first-time defendants, 49.4% to 23.4%, re­

spectively. The Xf (65.613) showed a significant relationship between

sentence and prior record (Table 27).

Type of Sentencing and Plea

Results indicate that 49.5% of the defendants plead guilty to the

first count. Only 11.3% of defendants plead not guilty (Table 28). Be­

cause "mute" and "not guilty" were essentially the same plea, as was a

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. O v VO % 9.4 13.4 23.7 39 70 42.6 # % 28.6 42.9 1 7.1 15 6 4 M- rr % 6.1 1 7.1 22 12.1 2 14.3 18 10.9 12.1 100.0 14 100.0 164 100.0 2 4 4 33 16 48.5 # Type of Crime 56.0 Table 26 %#% Length of Sentenceby Type of Crime 20.0 4 9.8 22.9 7 17.1 7 21.2 100.0 41 100.0 3 8.6 5 12.2 8 4 11.4 2 4.9 # % 9.8 9.8 19.5 7 31.7 100.0 35 13 41 Personal Property Property Building Substance Total Violent Violent Non-Violent Larceny in Controlled 37 - 37 - 300 8 13 - 13 24 - 4 X2 = 201.67 7 - 7 12 - 25 - 36 4 1 - 1 6 - 12 29.2 13 37.1Total 23 ______Months # t i

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 70

plea of "guilty" and "nolo contendre," it was possible to collapse those

categories. The collapsed results were less dramatic in that 35.6% of

the defendants entered a not guilty plea, while 64.4% of the pleas were

in the guilty category.

Table 27

Sentence by Prior Record

Prior Record Yes No Sentenced # % # %

Fine/Probation 1 1.2 1 .7

Probation 3 3.6 61 43.9

Jail and Probation 23 27.2 52 37.5

Jail 15 18.1 7 5.0

Prison 41 49.4 18 12.9

Total 83 100.0 139 100.0

X2 - 65.613

Of those sentenced to serve a jail or prison term, defendants who

entered a plea of guilty or nolo contendre received fewer long prison

terms (25-300 months) when compared to those who entered either a plea

of "not-guilty," or stood "mute." Most of the pleas were associated

with six months or less in jail, or from 25-300 months in prison: there

was virtually no middle range sentencing. Again, the collapsed "mute"

and "not guilty" figures showed that defendants making those pleas were

more likely than defendants who plead guilty and nolo contendre to re­

ceive sentences between 37-300 months, 21.4% versus 11.0%, respectively

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 71

(Table 29). The computed X? was not statistically significant.

Table 28

Plea: First Count

Type Frequency Percent

Mute 71 24.1

Not Guilty 34 (105) 11.5 (35.6)

Guilty 149 50.5

Nolo Contendre 41 (190) 13.9 (64.4)

Total 295 100.0

The parenthesis show the collapsed categories figure.

Table 29

Length of Sentence by Plea

Plea Length Mute/Not Guilty Guilty/Nolo Contendre of Sentence # % #%

1-6 Months 18 42.9 54 42.5

7-12 Months 9 21.4 31 24.5

13-24 Months 1 2.4 14 11.0

25-36 Months 5 11.9 14 11.0

37-300 Months 9 21.4 14 11.0

Total 42 100.0 127 100.0

X£ - 5.308

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 72

Posted Bond and Sentencing

The data in Table 30 suggested a strong relationship between the

type of sentence and whether a defendant posted bond. The data clearly

showed that of those defendants who did not post bond, only a negligible

percent (5.1%) received a fine/probation sentence. This figure stands

in stark contrast to the 49.6% for those who did post bond. That 94.9%

of those who posted bond received either a jail/or prison sentence,

versus only 50.4% for those who did not is another way of looking at

this relationship. The (74.838) indicated the differences were sta­

tistically significant.

Table 30

Sentence by Posted Bond

Posted Bond

Sentence Yes No # % # %

Fine/Probation 61 49.6 5 5.1

Jail 51 41.5 46 46.5

Prison 11 8.9 48 48.4

Total 123 100.0 99 100.0

Xf - 74.838

Question 2: Summary of Findings and Relationships

1. There was a surprising result in regards to the relationships

between type of crime and type of sentence. Defendants who committed

larceny in a building were more likely to receive severer sentences

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 73

when compared to those received by the violent personal defendants,

violent property defendants, and drug defendants. The computed Xf was

statistically significant.

2. Violent personal defendants and violent property defendants

were sentenced to more lengthy confinements than other type of de­

fendants except larceny in a building. In this connection, the data

suggest that the type of crime is indeed an important factor. The

computed Xj; was statistically significant.

3. The data suggest that there was a strong relationship between a

prior record and sentencing outcomes, as noted elsewhere. The data in

Table 30 show that the repeat defendant was more likely to get an incar­

ceration sentence than draw a fine of probation. By comparison, the

fate of defendants with no priors were far more favorable.

3a. As noted in #2 and #3, both type of crime and prior record

were important variables affecting sentencing outcomes (type and length

of sentence). The results showing that larcenists received more severe

types of sentences was not statistically significant when controlling

for prior record. The pattern of sentencing was similar across all

crime categories. In fact, the recidivists convicted of violent per­

sonal and violent property crimes received harsher types of sentences.

The larcenists with a prior record received harsher penalties than

defendants convicted of non-violent property and drug offenses (Table

31). However, first-time violent and larcenist defendants were more

likely to receive harsher types of sentences. Again, the differences

were not statistically significant (Table 32).

3b. Violent personal defendants and violent property defendants

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 33.3 16.6 2 1 Controlled Substance # % 37.5 4 25.0 1 16.6 Larceny in Building # % 52.9 6 1 5.9 17 100.0 16 100.0 6 100.0 Property # % Non-Violent Table 31 0.0 1 5.9 0 0.0 0 0.0 11.8 100.0 0 0 0.0 1 5.9 0 0.0 10 58.8 9 Property # % Violent 0.0 60.0 9 0 Personal # % Violent Type of Sentence by Type of Crime: Controlling for "Yes" on Prior Record Probation 3 20.0 5 29.4 5 29.4 6 37.5 2 33.3 Probation 0 0.0 X2 X2 = 18.529 Prison Total 15 100.0 17 Sentence Jail 3 20.0 2 Probation Fine and Jail and Type of

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 100.0 0 0.0 17 Substance Controlled # % 9.1 Building Larceny in # % 39.3 6 54.5 6 35.3 57.1 1 9.1 10 58.8 28 100.0 11 100.0 16 Property # % Non-Violent Table 32 38.5 11 100.0 1 3.8 0 0.0 1 26 10 Property # % Violent 25.0 4 15.4 1 3.6 3 27.3 1 5.9 7 2 7.1 8 28.6 11 42.3 Personal # % Violent Type of Sentence by Type of Crime: Controlling for on "No" Prior Record Probation 11 39.3 Prison X2 = 23.929 Total 28 100.0 Probation Jail Sentence Jail and Type of i I t i t

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 76

were sentenced to more lengthy sentences than other defendants. The

relationship between type of crime and length of sentence was

statistically significant. Examining type of crime by length of

sentence, while controlling for prior record, indicated that the

relationship was statistically significant. The recidivists who were

convicted of violent property (47.1%), non-violent property (46.7%),

and violent personal (43.7%) crimes received the more lengthy type of

sentences (Table 33).

On the other hand, those first-time defendants who were convicted

of violent personal (25.0-%) and non-violent crimes (11.8%) received

more lengthy sentences of more than two years when controlling for

prior record (Table 34).

4. The relationship between type of sentence and type of plea was

not statistically significant.

5. Defendants who did not make bond were likely to receive either

a prison or jail term, while those who did post bond were very likely to

get a fine/probation type of sentence. Only a negligible percent of the

defendants who did post bond spent any time in prison: their fate was

with a fine, probation or jail, that order.

Question 3: What were the relationships between social character­

istic and sentencing outcomes?

Some studies indicate different sentencing patterns for criminal

defendants based on social characteristics, i.e., race, gender, age,

employment status and marital status.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. % 2 0 .0 4 0 .0 1 0 0 .0 5 1 2 # % 1 8 .71 2 .5 1 0 2 0 .0 0 .0 2 7 4 3 .8 1 2 0 .0 # 6 .7 2 12.5 % 2 6 .7 1 3 .3 2 1 2 .5 3 2 0 .0 3 2 4 5 33.3 1 15 1 0 0 .0 16 100.0 rr Table 33 % 1 7 .6 2 3 .5 2 1 1 .8 4 15 1 0 0 .0 3 1 .2 5 2 9 .5 1 2 .5 3 1 2 .5 2 5 .0 3 1 7 .6 2 5 4 16 1 0 0 .0 #%# Length of Sentence by Type of Crime: Controlling for onPrior "Yes" Record 37-300 1 3 -2 4 2 25-36 7-1 2 X2 = 159.677 Total 1 -6 3 1 8 .8 Sentence Personal Property Property Building Substance Length of Violent Violent Non-Violent Larceny in Controlled Months

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. - v j 00 0.0 % 12.5 25.0 5 62.5 # % 5 50.0 # 0.0 0 0.0 0 0.0 0.0 2 20.0 0 % 1 5.9 1 10.0 1 5 29.4 2 20.0 2 17 100.0 10 100.0 8 100.0 11 64.7 # Table 34 % 11.8 0 100.0 0 0.0 17 %# 30.0 4 23.5 35.0 9 52.9 100.0 3 15.0 2 11.8 0 7 # Length of Sentence by Type of Crime: Controlling for on "No" Prior Record 25-3637-300 2 10.0 1-6 7-1213-24 6 Total 2 10.0X2 = 70.337 2 20 Sentence Personal Property Property Building Substance Length of Violent Violent Non-Violent Larceny in Controlled Months :1

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 79

Sentencing Patterns bv Race

In addition to the type of crime and prior record, a defendant's

race, gender, age, and employment status were among those social

factorsthought to be useful in an explanation of sentencing outcomes.

Consequently, this section is devoted to ferreting out the extent to

which our data can shed some light on the relationship, if any, between

the type of sentence defendants received and their various social

characteristics. Parenthetically, we wish to remind the reader that

because the race of the defendant was not recorded in the files in every

instance, we were unable to use the total random sample in our analysis

in this section.

The percentages indicate 38.1% of white defendants received a pro­

bation sentence as opposed to only 20.9% of black defendants (a 17.8%

difference). For those receiving some type of incarceration sentence

(jail or prison), more blacks (79.1%) were handed a jail or prison term

than white defendants (61.9%). The jail/probation sentence was the only

category with a negligible difference between black and white

defendants; the percent receiving this sentence was virtually the same

for both black and white defendants (Table 35). The computed Xf,

however, revealed no significant difference in the sentencing pattern of

black and white defendants.

Type of Sentence and Type of Crime bv Race

Examining the relationship between type of crime and sentence,

controlling for race, indicated that black defendants were more likely

than white defendants to be sentenced to incarceration for committing

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 80

violent personal offenses, 75% to 63.6%. While 66.7% of black defend­

ants convicted of drug related offenses were sentenced to incarceration

type of punishment, only 25.0% of white defendants were sentenced to

jail or prison (Table 36). Though the computed chi-square for the

relationships shown in Tables 37 and 38 below were not statistically

significant, a brief descriptive discussion is provided to highlight

a few of the figures in those tables.

Table 35

Race and Type of Sentence

Black White Sentence # % # %

Probation 9 20.5 24 38.1

Jail/Probation 15 34.1 22 34.9

Jail 6 13.6 6 9.5

Prison 14 31.8 11 17.5

Total 44 100.0 63 100.0

X? - 5.296

Tvne of Sentence and Primary Charge bv Race: Controlling for "Yes" on Prior Record

Type of crime and a prior record were factors in sentencing. Both

black and white defendants who commit violent personal offenses, violent

property offenses or larceny in building offenses and who have a prior

record were more likely to be sentenced to prison or jail. However,

while 100% of the black repeat defendants were sentenced to jail or

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. oo 9.5 38.1

100.0 6 Total 24 43 # %

100.0 3 Controlled Substance # %

0.0 1 33.3 9 20.9 30.0 0 0.0 11 17.5 40.0 1 12.5 22 34.9 57.1 1 33.3 15 34.9

100.0 3 2 20.0 1 12.5 1 14.3 1 33.3 13 30.2 2 28.6 0 - 0.0 6 14.0

Larceny in Building # %

0.0 0.0 22.7 31.8 4 45.5 1 10.0 6 75.0 30.0 30.0 0 100.0DEFENDANTS 7 DEFENDANTS

Table 36 WHITE BLACK 5 7 0 3 4 40.0 4 22 100.0 10 100.0 8 100.0 63 100.0 10 10 Property Non-Violent # %

8.3 20.0 0 10.0 20.0 100.0 Type of Sentence and Type of Crime by Race 2 16.7 1 6 50.0 3 25.0 5 50.0 3 1 2 2 10 Property Violent # %

9.0 23.0 15.4 100.0 12 100.0 1 2 18.2 4 36.4 4 36.4 5 38.5 3 23.1 11 13 100.0 Personal Violent # %

Total Total Probation Probation Prison x£- 16.399 (Black Defendants) x£ - 16.324 (White Defendants) Jail Probation Jail and Prison 3 Probation Jail and Jail 2 Type of

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. S3 oo

22.2 22.2 44.5 40.0 40.0 100.0 100.0 8 2 11.1 4 Total 18 10 25 10 # %

0.0 0.0 0.0 0.0 5 20.0 0.0 0.0 0 0.0

00.0 1 100.0 4 Substance # % Controlled

0.0 0 0.0 0 20.0 0 40.0 0 0.0 40.0 20.0 0 20.0 0

100.0 0 2 1

% Building Larceny in #

Table 37 WHITE DEFENDANTS BLACK DEFENDANTS 7 7 100.0 5 100.0 1 100.0 1 1 14.3 1 4 4 57.1 2 0 0.0 2 2 28.6 0 6 6 100.0 5 0 0 0.0 0 Property # % Non-Violent

0.0 0.0 57.1 3 50.0 100.0 100.0 4 0 2 28.6 0 0.0 1 4 Property # % Violent

0.0 0 0.0 100.0 100.0 7 1 7 0 0.0 2 50.0 0 2 28.6 3 42.9 1 14.3 3 50.0 3 60.0 0 Personal # % Violent Type of Sentence and Type of Crime by Race: Controlling for "Yes" on Prior Record

Total Total Probation Probation Prison 0 0.0 2 50.0 Si - 19.215 (Black Defendants) Si - 14.978 (White Defendants) Probation Prison Jail 1 100.0 Jail and Probation 0 0.0 0 Jail 2 28.6 Jail and Sentence

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. % 4.5 5.6 40.0 48.9 16.6 100.0 1 3 18 ft 0.0 3 6.6 % 14.3 85.7 22 33.3 33.3 5 27.8 33.3 9 50.0 100.0 45 100.0 7 0 1 6 1 1 ft 0.0 1 % 20.0 20.0 Defendants) 5 100.0 3 60.0 0

ft 0.0 0 0.0 0 0.0 2 % 53.3 1 75.0 025.0 0.0 1 50.0 DEFENDANTS DEFENDANTS - 12.086 (White Table 38 £ WHITE BLACK 1 6.7 1 0 8 3 15 100.0 ft % 50.0 6 40.0 3 37.5 1 23.3 0 0.0 4 ft « « 10.0 0 0.0 100.0 8 100.0 1 1 16.7 4 40.0 3 50.0 2 66.7 0 0.0 0 0.0 0 0.0 1 50.0 0 0.0 10 Personal Property Property Building Substance # Violent Violent Non-Violent Larceny in Controlled Total Type of Sentence and Type of Crime by Race: Controlling for "No" on Prior Record

Total Total 6 100.0 3 100.0 4 100.0 2 100.0 3 100.0 18 Probation 4 40.0 Probation 2 33.3 0 0.0 1 Prison x£ - 20.452 (Black Defendants) Probation Jail 1 10.0 1 12.5 Prison Jail and Probation Jail Jail and Sentence

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 84

prison for committing non-violent property offenses, 71.4% of white

defendants received a similar disposition: only two defendants received

probation as a sentence and they were white. Focusing on severity

ofsentence (prison versus jail), slightly more white defendants than

black defendants were sentenced to prison, 44.5% to 40%, respectively

(Table 37).

Type of Sentence and Type of Crime bv Race: Controlling for "No" on Prior Record

Some interesting results emerged when we focused on sentencing by

primary charge by no prior record and race. Across all offense cate­

gories black defendants were just about as likely as white defendants to

receive probation, 50% to 48.9%, respectively. However, black

defendants were more likely than white defendants to receive prison

sentences, 16.6% to 16.7%, respectively (Table 38).

The percentages indicate that blacks were more likely than whites

to be sentenced to lengthy incarceration terms (25 to 300 months), 28.3%

to 18.0%, respectively (Table 39). Again, the computed shows that

the relationship was not statistically significant. Race was examined

in terms of length of sentence, primary charge and prior record below

and in a descriptive summary. The relationships described in Tables 40

and 41 were not statistically significant.

Length of Sentence and Type of Crime bv Race: Controlling for "Yes" on Prior Record

Regarding the corollary question asked about differences in the

severity of punishment between black and white defendants, the length of

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. sentence was used as a measure of the severity of punishment (1-300

months of incarceration), as shown in Tables 40 and 41. An analysis

of the figures in the two tables, however, must be executed very

Table 39

Length of Sentence by Race

Race Black White Length of Sentence # % # %

1-6 Months 12 37.5 23 58.9

7-12 Months 6 18.8 6 15.4

13-24 Months 5 15.6 3 7.7

25-36 MonC.is 3 9.4 3 7.7

37-300 Months 6 18.8 4 10.3

Total 32 100.0 39 100.0

X2 - 21.302

cautiously and any interpretation must be taken as tentative because of

the small numbers. Using length of sentence for those with a prior

record, Table 40 shows the level of punishment for black and white

defendants who have committed crimes in five categories, ranging from

violent personal offenses to controlled substance violations. Total­

ing across the five offense categories revealed that 42.3% of the

black defendants (versus 37.5% for whites) received a 1-6 month jail

term; 19.2% (versus 25.0% for whites) received a 7-12 month jail

sentence; 15.4% (versus 6.2% for whites) got a 13-24 month prison

sentence; 15.4% (versus 12.4% for whites) were handed a 25-36 month

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 00 ON % 6.2 18.9 12.4 37.5 15.4 19.2 42.3 100.0 4 25.0 4 16 26 100.0 11 # 0.0 5 100.0 1 0 %#« 20.0 0 0.0 4 15.4 5 100.0 0 100.0

4 80.0 0 0.0 # % % 0.0 0 0.0 16.7 1 25.0 0 0.0 33.3 33.3 2 50.0 1 100.0 6 16.6 0 0.0 0 0.0 2 7.7 16.7 1 16.7 0 0.0 0 0.0 50.0 DEFENDANTS DEFENDANTS Table 40 WHITE BLACK 1 2 1 1 1 3 0 %# 0.0 1 16.7 1 25.0 0 0.0 2 0.0 1 16.7 0 0.0 0 0.0 1 0.0 25.0 25.0 100.0 6 100.0 4 100.0 2 50.0 1 16.7 0 0.0 0 0.0 3 1 2 28.6 2 28.6 2 28.6 # % 0.0 0.0 0 0.0 0 12.5 0 12.5 37.5 100.0 4 100.0 1 1 0 1 0 0 0 0.0 1 # Length of Sentence and Type of Crime by Race: Controlling for "Yes" on Prior Record Total Total 8 100.0 7 100.0 6 100.0 37-300 13-24 x£ - 64.63714 (Black Defendants) x£ - 35.275 (White Defendants) 25-36 1-6 7-12 37-300 1 25-36 0 0.0 (Months) 1-6 3 37.5 1 14.2 13-24 7-12 3 Length of Sentence Violent Personal Violent Property Non-Violent Property Larceny in Building Controlled Substance Total

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. m « 3.6 3.6 3.6 10.7 78.5 100.0 100.0 1 1 1 11.1 1 11.1 9 1 11.1 2 22.2 28 # 0.0 0.0 % 50.0 50.0 4 44.5 100.0 100.0 22 100.0 1 0 0.0 3 1 0 1 # % 75.0 1 50.0 1 0 0.0 0 0.0 1 50.0

0.0 0 0.0 0 0.0 9.1 0 0.0 0 0.0 0 0.0 0.0 1 25.0 0 0.0 1 0.0 % % # 90.9 3 100.0 4 100.0 DEFENDANTS 100.0 DEFENDANTS Table 41 WHITE BLACK 0 0 0 0.0 0 0.0 1 0 0.0 11 10 # % 0.0 0 0.0 1 0.0 0 0 0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 # « 0.0 0 0.0 33.3 1 20.0 1 20.0 2 66.7 3 60.0 5 22.7 1 33.3 0 0 0.0 1 100.0 0 # Length of Sentence and Type of Crime by Race: Controlling for "No" on Prior Record Total 3 100.0 1 100.0 1 100.0 2 100.0 2 37-300 25-36 0 0.0 1-6 37-300 7-12 13-2425-36 1 33.3 (Months) 1-6 1 Sentence Personal Property Property Building Substance Length of Violent Violent Non-Violent Larceny in Controlled Total I j i j j x£- 28.500 (Black Defendants) x£ - 30.849 (White Defendants) i i Total 5 100.0 7 100.0 ! ! 13-24 0 0.0 0 0.0 ! ! 7-12

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 88

prison term; and 7.7% (versus 18.9% for whites) drew a 37-300 month

prison sentence.

The figures suggest that a higher percentage of both black and

white defendants receive a 1-6 month jail term than any other level

of incarceration or punishment. More whites, however, received a 7-12

month jail term than blacks who received this same type of punishment.

The opposite is true for those who received either a 13-24 month or 25-

36 month prison term; more blacks than whites in these two instances.

However, the pattern was reversed for the most severe form of punishment

(37-300 month prison term). In this instance, more whites than blacks

received this level of punishment.

Computing the percentages within each race category (across the

five offense categories) revealed the following: 61.5% of the black

defendants (versus 62.5% for whites) received a sentence of one year or

less; 30.8% got a 1-2 year prison term (versus 18.6% for whites); and

7.7% of blacks (versus 18.8% for whites) were saddled with a 37-300

month prison term. In this instance, the percentage was about the same

for both black and white defendants. In the less severe punishment

category (1 year or less), far more blacks than whites were hit with a

1-2 year stay; but the percent of white defendants who were given a 3-25

year stay was substantially higher than for blacks, 18.8% versus 7.7%,

respectively.

Length of Sentence and Type of Crime by Race: Controlling for "No" on Prior Record

White defendants without a prior record were more likely than black

defendants to receive a sentence of one year or less, 89.2% to 66.7%,

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respectively. Further, 92.8% of white defendants across all offense

categories were sentenced to a term of 24 months or less while only

77.8% of black defendants received a similar length of sentence

(Table 41).

Length of Sentence and Type of Crime by Race (Males Only): Controlling for "Yes/No" on Prior Record

Focusing on the sentencing patterns of male defendants in this

study indicated that white male, first-time defendants across all

offense categories were more likely than black male defendants to

receive sentences of 24 months or less, 91.8% to 71.4%, respectively

(Table 42). However, the sentence differences between repeat defendants

based on race, were minimal. The sentencing patterns between black and

white repeat defendants across all offense categories were 75% and 71%,

respectively (Table 43). The computed Xf was not significant for the

relationship indicated in Tables 42 and 43.

Sentence by Age

Using collapsed age categories, the findings indicated that de­

fenders over the age of 29 were more likely to be sentenced to an in­

carceration type of sentence. For example, while 52.4% of defendants

under 20 and 69.3% of defendants between 20 and 29 years of age were

given jail or prison sentences, 81.2% of defendants between ages of 30

and 39 were likely to receive the same types of sentences. Further,

88.9% of defendants between the ages of 40 and 49 were sentenced to jail

or prison. Though these findings are interesting, the computed

showed that the relationship between age and sentencing was not

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. o % 4.2 4.2 4.2 12.6 75.0 14.3 14.3 14.3 14.3 100.0 100.0 1 1 1 7 1 1 1 18 # 0.0 0.0 0.0 0.0 0.0 % 50.0 1 50.0 3 42.8 100.0 24 100.0 100.0 1 2 # 0.0 1 0.0 1 33.3 0 100.0 1 100.0 I 1 1 100.0 0 0.0

0.0 0 0.0 0 0.0 0 0.0 0 0.0 3 0.0 0 0.0 0 0.0 0 0.0 0 % % # % 87.5 2 67.7 DEFENDANTS 100.0 0 DEFENDANTS Table 42 WHITE BLACK 1 12.5 0 0.0 0 7 1 0 # % 0.0 0 0.0 0.0 100.0 8 100.0 3 7 2 28.60 0 0.0 5 71.4 0 0 0 0.0 # % 0.0 0.0 60.0 50.0 1 20.0 0 0.0 0 1 20.0 0 3 0 2 100.0 1 100.0 1 100.0 1 50.0 0 0.0 0 0.0 0 0.0 # - 28.000 (Black Defendants) - 30.889 (White Defendants) ^ Total 5 100.0 Total Length of Sentence and Type of Crime by Race (Hales Only): Controlling for "No" on Prior Record 37-300 25-36 13-24 7-12 1-6 37-300 0 0.0 1 100.0 0 13-24 25-36 0 0.0 0 0.0 0 0.0 0 (Months) 1-6 1 7-12 Sentence Personal Property Property Building Substance Length of Violent Violent Non-Violent Larceny in Controlled Total

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. % 14.3 21.4 16.7 16.7 37.5 100.0 2 4 Total 24 100.0 # 0.0 0.0 % 100.0 14 0 0.0 2 14.3 0 0.0 0 0.0 4 0 0.0 9 Substance Controlled Defendants)

0.0 0 0.0 0 0.0 2 8.3 %# 20.0 20.0 0 0.0 2 14.3 40.0 1 100.0 5 35.7 67.7 100.0 (White 1 1 0 3 0

Larceny in # Building 28.000 - £ % 25.0 2 16.6 50.0 2 DEFENDANTS DEFENDANTS Table 43 WHITE BLACK 1 25.0 1 3 0 0.0 0 0.0 0 0.0 5 20.8 Property Non-Violent Property #%# Violent % 0.0 0 0.0 0.0 0 0.0 1 25.0 12.5 0 0.0 1 12.5 2 28.6 1 16.7 0 0.0 0 1 100.0 3 100.0 4 100.0 5 100.0 1 0 0.0 1 33.3 1 25.0 1 100.00 1 33.3 0 0.0 1 20.0 0 0.0 3 1 1 3 37.5 1 14.2 Personal # Violent (Black Defendants)

Length of Sentence andType of Crime by Race (Hales Only): Controlling for "Yes" on Prior Record Total Total 8 100.0 7 100.0 6 100.0 37-300 1-67-12 0 0.0 1 33.3 37-300 (Months) 13-24 7-12 3 37.5 2 28.6 25-36 0 0.0 2 28.6 1 16.7 1 33.3 1-6 Sentence Length of I 1 1 X2 - 55.516 1 ' 25-36 j j 13-24 0

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 92

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Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 93

statistically significant (Table 44).

Sentence by Gender

There were significant differences in the sentencing patterns of

male and female defendants. Female defendants (45.7%) were more likely

than male defendants (26.1%) to receive probation as a sentence. Fur­

ther, male defendants (29.3%) were more likely than female defendants

(11.4%) to receive a sentence of incarceration in prison. The computer

X^ shows that the relationship between sentence and gender is statist­

ically significant (Table 45).

Table 45

Sentence by Gender

Male Female Sentence # % # %

Fine/Probation 1 0.5 1 2.9

Probation 48 26.1 16 45.7

Jail/Probation 66 35.9 8 22.9

Jail 15 8.2 6 17.1

Prison 54 29.3 4 11.4

Total 184 100.0 35 100.0

X? - 18.397

Sentence by Employment Status

Employment status does appear to have an effect on type of sen

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tence. An employed defendant was more likely to be sentenced to

probation and/or fine as opposed to an unemployed defendant, 34.2%

to 22.0%, respectively. There was minimal differences between a

defendant's employment status and a sentence of prison, 24.0% for

employed defendants and 24.7% for unemployed defendants (Table 46).

The Xf (5.264) was not statistically significant.

Table 46

Sentence by Employment Status

Employment Status Employed Unemployed Sentence # % # %

Probation & Fine 27 34.2 17 22.0

Jail and Probation 27 34.2 28 36.4

Jail 6 7.6 13 16.9

Prison 19 24.0 19 24.7

Total 79 100.0 77 100.0

Xf - 5.264

Sentence by Marital Status

Collapsing categories indicate that there were minimal differences

between the sentencing patterns of defendants based on their marital

status. The computed X^ supports the descriptive analysis of a non­

significant relationship (Table 47).

Question 3: Summary of Findings and Their Relationships

1. The computed Chi-squares examining the various relationships

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between race and sentencing outcomes were statistically nonsignificant.

Table 47

Type of Sentence by Marital Status

Marital Status Married Divorced Separated Single Type of Sentence # % # % # % # %

Fine and Probation 6 21.4 2 16.7 1 16.7 29 24.2

Jail and Probation 11 39.3 6 50.0 3 50.0 44 36.6

Jail 1 3.6 1 8.3 0 0.0 11 9.2

Prison 10 35.7 3 25.0 2 33.3 36 30.0

Total 28 100.0 12 100.0 6 100.0 120 100.0

t L - 5.434

2. The computed Xf examining the relationships of age and

sentencing is not statistically significant.

3. Female defendants received less severe penalties than male de­

fenders. The computed Y?_ examining the relationship of sentencing by

gender was statistically significant. The effect of gender on sentenc­

ing outcomes can be explained by the fact that males committed the most

serious crimes and were more likely to have a prior record than female

defendants.

4. The computed examining the relationships of employment sta­

tus and sentencing was not statistically significant.

5. The marital status of defendants and sentencing outcomes appear

to be independent of each other. The computed Xf was not statistically

significant.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 96

The summaries of findings and their relationships will be discussed

in the following chapter, along with a brief summary of the study,

limitations and some recommendations.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. CHAPTER V

SUMMARY AND CONCLUSIONS

Summary

An examination of the (a) relationship between social variables

and legal variables, and the (b) relationship between several legal

variables themselves yielded some predictable as well as unpredictable

results. With respect to the relationship between social and legal

variables, no significant differences were found by race when all cate­

gories of crimes were considered. Although some of the percentages

suggested some differences might exist (for example, black defendants

were more likely than white defendants to be charged with violent

personal offenses, or whites were more likely to be charged with drug

offenses), when prior records and type of crimes were controlled, the

differences were negligible between black and white defendants. That

white vis-A-vis black defendants were more likely to be charged with a

drug offense was somewhat surprising to this investigator. It was

thought that the reverse would have held, and an explanation for this

finding is not an easy one because the media depicts blacks, especially

young blacks, as disproportionately involved in drug offenses.

Defendants, who were 29-years-of-age or younger committed a

majority of the offenses across all categories of crime (i.e., personal

violent crimes, nonpersonal violent crimes, non-violent property crimes

larceny in a building, and substance abuse).

Not surprisingly, male defendants were more likely than female

97

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defendants to be charged with violent crimes: most- of the offenses

committed by women were non-violent property offenses, including lar­

ceny in a building.

Neither the employment status nor the marital status of the de­

fendants proved to be significant variables in explaining processing

and sentencing outcomes of criminal defendants, especially when con­

trolling for type of crime. In all instances, differences between

various categories of defendants were indeed minimal, including the

relationship between type of bond set for defendants and marital and

employment status. However, when we considered the relationships

between the extra-legal variables, the legal variables, and the bond­

ing issues (i.e., race and type of bond, prior record and type of bond,

type of crime and type of bond), some interesting and statistically

significant findings were uncovered. Defendants most likely to be

released on their own recognizance were first-time defendants. What is

most interesting, in this connection, is that those first-time defend­

ants who were not released on their own recognizance were required to

post bonds that were costlier than those required of the recidivists.

Even more surprising to this investigator, however, was the finding that

the defendants who committed larceny in a building were more likely to

be made to post cash types of bonds than defendants who committed the

more serious type of drug-related crimes. This rather curious treat­

ment was also revealed when we examined violent personal offenses and

drug offenses. In this instance, violent personal defendants and drug

defendants were more likely to be released on a personal recognizance

bond than defendants who committed a larceny in a building.

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Defendants who committed a larceny in a building were treated

more harshly than those who committed a more serious offense (e.g.,

a violent personal crime, etc.). One would think that just the oppo­

site would have held: that those defendants who committed a violent

crime against a person would be more unlikely to be released on their

own recognizance. While an examination of the percentage differences

revealed these patterns, the relationship between "type of bond" and

"type of crime” was not statistically significant. This pattern re­

quires further investigation.

Regarding the types of plea, most of the defendants in this study

went before the court with a plea of guilty: violent property defend­

ants and larcenists were the ones who used that plea the most.

With respect to "type of crime" and "type of sentence," the rela­

tionship proved to be a significant one. Earlier, we discussed how

defendants who were accused of larceny in a building were required to

post a cash bond more so than those accused of the more serious crimes.

Upon conviction, defendants who commit larceny are also more likely than

violent personal defendants, violent property defendants, and drug de­

fendants to be sentenced to a period of incarceration. Again, those in

this defendant category are treated harshly by the criminal justice sys­

tem in Kalamazoo County. However, only violent defendants were made to

spend more time in jail or prison than those who committed a larceny in

a building.

As expected, defendants with a prior record were more likely to be

sentenced to some type of incarceration, and they were sentenced to

prison more often than first-time defendants. The prior record variable

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also had an interesting impact on the larcenist group that appeared

to be treated unfavorably when compared to other defendants. In this

instance, when we controlled for priors, those larcenists with a prior

record did not receive a harsher sentence than those recidivists who

committed a personal or violent property crime. As a matter of fact,

recidivists who committed violent property, violent personal and non­

violent property crimes received a lengthier sentence than other types

of defendants. Thus, prior record is an important variable in

explaining differential sentencing outcomes among criminal defendants.

Again, when controlling for prior records, we found a significant

relationship between type of bond and type of sentence. Defendants who

did not post bond had a strong likelihood of receiving a prison term

upon conviction. This was not the case for those who posted bond.

Similarly, defendants who pleaded "not guilty" and pursued a trial re­

ceived a longer period of confinement than those defendants who pleaded

guilty. Prior record, type of bond, and type of plea are important var­

iables in determining processing and sentencing outcomes in the Circuit

Court.

An examination of the relationships between social variables and

sentencing outcomes did not uncover any significant findings regarding

the effects of race, marital status, and employment status. Only gender

and sentencing proved to be significant in this study.

The descriptive data suggest that black defendants were treated

more harshly at the sentencing stage, while white defendants were likely

to receive probation and less likely to be sentenced to prison. The

significance of race disappeared, however, when type of crime and prior

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record were controlled: the differences were minimal and non­

significant. Again, prior record--not race--is an important variable

in explaining the disposition received by those convicted of a crim­

inal offense.

As noted above, the relationship between gender and sentencing was

significant. The data suggested that females were treated more len­

iently by the Circuit Court than males. For example, females were more

likely to receive a sentence of probation, while males were more likely

to receive a sentence of incarceration. That women received more fav­

orable treatment from the court is not surprising, especially when con­

trolling for prior records, because the men in our study were more hea­

vily involved than women in aggressive, violent types of crimes, and

they were more likely to be repeat defendants.

The relationships were not significant concerning age and sentenc­

ing, employment status and sentencing, and marital status and sentenc­

ing. However, the descriptive findings suggests that: (a) older

defendants were more likely to be repeaters and sentenced to an incar­

ceration type of punishment, (b) unemployed defendants were more likely

than the employed defendants to receive a harsher penalty when convicted

by the court, and (c) whether a defendant was married, divorced, separ­

ated, or single did not have any bearing on the sentencing outcomes.

Findings and Related Literature: A Discussion

Extant empirical works which examined the impact of legal and

extra-legal variables on the processing and sentencing of defendants

have introduced inconsistent, contradictory, and inconclusive findings

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 102

into the literature. Some theoretical scholars have maintained that

extra-legal variables are more important or as important as legal var­

iables in the processing and sentencing of criminal defendants. There

are others who contend that legal variables--not extra-legal variables--

are more important in understanding this issue.

For the most part, our findings tend to support those theorists

who view the legal variables as having more salience in explaining the

differential sentencing outcomes among those convicted of a crime.

Regarding type of bonds, past research indicates that indigent and

minority defendants were treated unfairly by the criminal justice sys­

tem. In our study, the descriptive statistics suggested blacks are

less likely than whites to be released on their own personal recogni­

zance and more likely to be required to post a cash bond. At first

glance, this finding would appear to support those who view extra-legal

variables as important; however, the importance of race vanishes when

type of crime is introduced as an intervening variable. The relation­

ship between race and bond is not significant in our study. Hence,

type of crime, not race, is more important in bond setting by the Cir­

cuit Court: this supports those who view legal variables as important.

Regarding the bond variable, those defendants who did not post bond

vis-A-vis those who did were likely to be sentenced to jail or prison.

Oaks and Lehman (1968) suggest that those defendants who are unable to

post bond pending trial tend to receive the more severe sentence. They

relate this more nearly to the indigency status of the defendants. How­

ever, the relationship between bond and sentencing outcome is based on

prior record and type of crime, not on indigency status of the

defendant.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 103

At any rate, our study provides at least some partial support for

the importance of bond as a legal variable in sentencing.

Prior record also appeared to have had the most significant effect

on the processing and sentencing of defendants in the Circuit Court.

Not unlike in other studies, recidivists were more likely than first­

time defendants to be required to post more cash types of bonds: they

were also more likely to be sentenced to jail or prison.

Our findings regarding type of plea, however, did not support the

importance of legal variables in sentencing outcomes. Our study found

that regardless of the type of plea, i.e., not guilty, guilty, nolo

contendere, or mute, the sentencing patterns were virtually the same

for each type of plea. This casts some doubt on the notion that the

"reward" for a guilty plea is a lighter sentence, because it saves the

court time and money since there is no trial.

Our study also tends to cast some doubt on those who contend that

extra-legal variables (e.g., race, age, marital status, sex, and em­

ployment status of the defendant) are more predictive of sentencing

outcomes (Jacob, 1978; Weischeit & Mahan, 1988). This is not to say

that extra-legal variables are unimportant, just that our study did

not find any statistically significant relationships, with one ex­

ception: that being the gender variable. In this case, female de­

fendants were treated more leniently than male defendants.

In sum, it might be mentioned again that the descriptive statis­

tics often hinted at some importance regarding race, age, employment

status, and marital status, however, since there were no statistically

significant differences, it would be very misleading to draw firm

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 104

conclusions.

Limitations of the Study

Data taken from small urban areas such as Kalamazoo County make

it impossible to generalize findings to large urban areas like Cook

County (Illinois) or Wayne County (Michigan). Further, this study

was unable to say anything about the impact of legal and extra-legal

variables at the arresting stage. This, too, limits the generali-

zability of the findings because the initial handling of a defendant

may be an important aspect of the criminal justice process.

A rather serious limitation of this study is the enormous amount

of missing data, especially concerning the indigency screening form.

The missing data effectively prevented the investigator from evaluat­

ing more fully the three research questions in this study.

Initially, an evaluation of the importance of indigency and non­

indigency status on sentencing had been one of the primary aims of

this study. We also wanted to examine the competency of the attorneys

regarding their training, length of service, etc. However, these goals

were abandoned because of the nature of the data gathered from the

court records.

Recommendations

The researcher proposes that another study be conducted which takes

into account the shortcomings discussed in the limitations section.

That the investigator design the study in a manner that would allow

for the collection of data from the arrest stage through the sentencing

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 105

stage is strongly recommended. Moreover, the design should call for

a longitudinal study so that trends can be examined as they relate to

the legal and extra-legal variables and their impact on sentencing

outcomes.

More work is needed in the area of statistical analysis. Multi­

variate statistical techniques should be used to examine the various

theoretical assumptions about the differential treatment of defendants

in the criminal justice system. There is a need to measure the rela­

tive weight or influence of various independent variables on the de­

pendent variables.

Finally, there is much to be accomplished in this area of research

because, according to Herman et al. (1977)

if the law's processes are perceived as unjust or arbitrary, they are unlikely to command the respect of present or po­ tential violators; if they are seen as capricious, irrational, and unpredictable, their deterrent impact may also be under­ mined. (p. 167)

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Appendix A

Indigent Study Instrument

106

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 107

April - 1538

IN'D'CSN'T STLTY

ID Number

Date of Arrest

Court: 1= 8 2=91 2=911

Defense attorney l=Appointed 2=Retained Name: ______

District Court Arraignment Date

District Court Judge: 1= Coyle 8=0ther 2= Davis 9=No response/nissing info 3= Erickson 4 = Fricke 5= Kannon 6= James 7= Long Age- Date of Birth

8. Denser l=Maie 2 =F ema le 3“Unknown

9. 1st Charge

10. Primary Charge 1 = Viclent personal 2“Violent property 3=Nor.-violent property 4“Larceny in bui Is mg : =Ccr.troll as Substance

11. 2nd Charge ______1“Violent personal 2*vicisnt rrccsrtv 2“Nor.-violer.t property 4*Larceny in building 5“Controilec Substance 8“Unspecified supplemental 0“N’o other charges 9»Missing Info

12. Repeat offender supplement l=Yes 2*No

13. Total number of charges 1» 1 2 “ 2 3* 3 4* 4 5“ more than 4

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Total number of charges dropped 0= 0 1= 1 2= 2 3= 3 4 = 4 5= more than 4

15. Type of bond set --- All charges 1= Personal recognizance 4. Cash or surety or 10% 2= Surety recognizance 5. Cash or surety/no 10% 3= Cash 15a) Posted? 1=Yes 2=NO

16. If cash, surety or 10%, bond amount ______

17. Bond posted/amount paid ______

18. Circuit Court Judge: 1= Foley 2 - Goodwillie 3= Lamb 4= Schaefer 5a Schma 6a Mullin 7a Daines 8a Other g= No response/missing info

19. Was bond changed at Circuit Court? laYes 2*No

20. If Yes, amount of the change ______21. If no to O.R. being posted: la Criminal record ______2a EMployment ______3a Failures to appear ______4a Family History ______5a Mental Condition______^______6a No one to vouch for relationship 7a Pending charges ______0a Probation/Parole ______9a Reputation ______10a Residence length ______11a serious offense ______12a other 13a Form missing ______99a No response ______

22. Offender served time in jail after arraignment laYes 2a No

23. Plea - First count la Mute - Not guilty/entered by court 2a Not Guilty 3a Guilty 4a Nolo contendere

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 24. Plea-Second Count 1= Mute - Not guilty/entered by court 2= Not Guilty 3= Guilty 4a Nolo Contendere 5= No second count

______25. Another simultaneous case l=Yes 2= No

/ / 26. Scheduled sentence date

27. Disposition 1= Pled guilty 2= Found guilty-bench 3= Found guilty - Jury 4= Dismissed 5= Mistrial 6= Pled nolo contendere 7= Other 28. Petition for court appointed attorney Is Yes 2* No 3a Not applicable

29. If yes, marital status la Married 2a Divorced 3a Separated 4a single 9a No response/missing information

30. Resident: l=City of Kalamazoo 2aCity of Portage 3aKalamazoo County 4a0ut COunty SaNon-Michigan 9a.\'o response/missing information

______31. Number of dependents: 0a 0 1-1 2 * 2 3- 3 da 4 5a more than 4 9a No response/missing information ______32. Employment status: la employed 2a unemployed 9a No response/missing information

______33. If yes, employed, employer name: la Employer Name 9a No response/missing information

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 34. Employer's address: l=City of Kalamazoo 2=City of Portage 3=Kalamazoo County 4=0ut of County 5=Non-Michigan 9=No response/missing information

35. Length of employment: l=less than a year 2=1 to 5 years 3=6 to 10 years 4=11 to 15 years 5=16 to 20 years 6=Over 20 years 9=No response/missing information

36. Average pay-gross: ______0001=Amount recorded 9999=No response/missing information

37. If amount recorded, average pay-gross: l=Wee)cly 2=Monthly 3=Every tvo veeks 9=Noresponse/missing information

38. Average pay, net: ______0001=Amount recorded 9999=No response/missing information

39. If recorded, average pay net: l=Weekly 2=Monthly 3=Every tvo veeks 9=No response/missing information

40. General Assistance I=Ves 2=N'o 9=N'o response mis

41. Other income Source ______l=Yes 2=No 9=No responsr/Missing information

42. If source, than amount ______

43. Assets:______(Amount) 00001=Value of car ______00002=Home ______00003=Bank account______00004=Bonds 00005=Stocko 00006=0ther ______0 0 0 0 7 a None 99999«No response/missing information

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. I l l

44. Obligations - Itemize l=Yes 2=No 9-No response/missing information

45. If petition-for court appointed attorney l=Appointed 2=Denied

46. Ordered for reimbursement of attorney fees and court costs l=Yes 2= No

47. If yes, ordered for reimbursement for attorney fees and court costs -Amount r m irt. costs ______Attorney fees 48. if sentenced: l=Fine 2=Fine and probation 3=Probation 4-Jail 5-Jail and probation 6=Prison 7=0ther

49. Offender sentenced as habitual offender l=Yes 2=No

50. Minimum sentence(months) all counts-excluding probation and fines

51. Maximum sentence(months) all counts-excluding probation and fines

52. Length of probation(months)

53. Amount of restitution to person or establishment

1-Yes 2-No 3«To be determined

54. Appellate Counselor appointed 1 - Y e s 2-No 9-No response/missing information

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Appendix B

Felony Case Status Report

112

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. STATE OF MICHIGAN - COUNTY OF KALAMAZOO DISTRICT COURT

FELONY CASE STATUS REPORT

DISTRICT COURT CLERK. Praoara mraa eoptat of mu form. If case >i bound oaar to Circuit C oun. u n d nil tfwaa c o o m w im c a m racorda to Circuit Court Ctsrk; if case mus d tu ro ad of m d u u ic t court, sand ail tfiroa cotxes to Circuit C oun Administrator.

CONTROL NO. t DATE Of ARRESTt

DISTRICT HO. I

DISTRICT COURT CASE NO. i DATE Or BIRTHi

oerwwuiri a d d r e s s .

CUAJtSSi FILL OEFENSC ATTORNEY: IN (If noattam rr, anwr “non*") 1 1 a p p o i n t e d THIS 1 1 RETAINED u c r iO N - DISTRICT COURT ARRAIGNMENT DATE; FOF PRELIMINARY EXAMINATION OATE: ALL (If m wum luM . antar Mwan«d~) RECOROIR OR REPORTER AT EXAM: CAStS TYPE OF DISPOSITION: □ SOUND OVER TO CIRCUIT COUNT

□ F t l O 'j

|— | DISMISSED i IN DISTRICT COURT

1 1 N O L L IO J

OATE OF DISPOSITION:

JUOOI AT DISPOSITION:

FILL IN AMOUNT OF SAIL M T: THIS TYPE OP EONO POSTED: □ PERSONAL RECOGNIZANCE SiCrtO N 1 1SURETY RECOGNIZANCE FON 1 1CASH CAME 1 1N O T POSTED &OUHO CIRCUIT COURT ARRAIGNMENT OATE: OVfM

CIRCUIT COURT CLERK: PM In Circuit Court C m No. on tH thraa tbiju i PR* d rig M in C a t P8a; Forward ena copy to Circuit Court AdmWwtvow andorwwFroaoMV.

C IR C U IT C O U R T CASE NO.

O O R M NO. 0*1 Rav. *7 3

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Appendix C

Arraignment Report and Order Limiting Time for Motions

%

114

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. STATE OF MICHIGAN ARRAIGNMENT REPORT CASE NO. 9TH JUDICIAL CIRCUIT COURT AND ORDER LIMITING KALAMAZOO COUNTY TIME FOR MOTIONS JUDGE:

Coup address 227 West Michigan Avenue, Kalamazoo Michigan 49007 (616) 383-8950 Court teiepnone no PEOPLE OF THE STATE OF MICHIGAN Plaintiff Defendant Z IN JAIL Z ON BOND

Name of Assistant Prosecutor Present Name al Defense Council Present

ARRAIGNMENT OATE DEFENSE ATTORNEY : appointed z RETAINED CHARGE.

ARRAIGNMENT ON ARRAIGNMENT ON AMENDED CONTINUATION OF Z INFORMATION Z SUPPLEMENTAL Z INFORMATION Z ARRAIGNMENT PRELIMINARY EXAMINATION DISTRICT COURT PRELIMINARY EXAM DISTRICT COURT BIND OVER OATE; WAS HELD Z YES Z NO ARRAIGNMENT TRANSCRIPT TRANSCRIPT IS IS ORDERED Z YES Z NO ORDERED C YES □ NO

FIRST COUNT SECOND COUNT ADDED COUNT COURT ACCEPTS PLEA TO: Z MUTE-NOT GUILTY Z MUTE-NOT GUILTY Z MUTE-NOT GUILTY □ COUNT 1 ENTERED BY COURT ENTERED BY COURT ENTERED BY COURT O NOT GUILTY Z NOT GUILTY Z NOT GUILTY □ COUNT II □ GUILTY Z GUILTY Z GUILTY □ ADDED COUNT □ NOLO CONTENDERE Z NOLO CONTENDERE D NOLO CONTENDERE □ OTHER

REMARKS:

BAIL S □ CONTINUED □ NOT POSTED □ POSTED CASH OR 0 RELEASED ON OWN SURETY RECOGNIZANCE SCHEDULED SENTENCE DATE

DEFENDANT MAD2 CK&y. AND/OR WRITTEN STATEMENTS TO POLICE □ YES □ NO a PROSECUTOR KAO CiVSl DEFENDANT COPY OF ALL ORAL AND WRITTEN STATEMENTS □ PROSECUTOR t m C Y 2 DEFENDANT COPY OF ALL ORAL AND WRITTEN STATEMENTS WITHIN 14 DAYS ORDER LIMITING TIME FOR MOTIONS ALL MOTIONS. EXCEPT MOTIONS TO KSPEACH, MUST BE WRITTEN SPECIFYING FACTUAL AND LEGAL ISSUES AND MUST BE FILED AND PRAECIHED FOR HEARING WITHIN 21 DAYS FROM THIS OATE.

OATE CIRCUIT JUDGE .

CIRCUIT COURT CLERK • Yeflow CIRCUIT COURT ADMINISTRATOR - Whrt» PROSECUTOR ■ PlnK DEFENSE ATTORNEY • Gf*»n

Form No. 004

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Appendix D

Judgment of Sentence Commitment to Jail

116

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 117 Original ■ Coun 111 oooy- Jail 3rd copy ■ Defender! Approved. SCAO 2nd copy • Stale Police Am copy ■ Proaaoutor STATE OF MICHIGAN CASE NO. XMMMMAXftftliftKXR JUDGMENT OF SENTENCE 9TH JUDICIAL CIRCUIT □ COMMITMENT TO JAIL

OR) Court eddroM Court telephone no. M,‘ 390015 J 227 W. MICHIGAN AVENUE, KALAMAZOO, MI A9007 (616) 383-8837

K)( The State of Michigan Defendants name, address. and telephone no. THE PEOPLE OF n V

CTN SIO DOB

THE COURT FINDS: 1. The defendant was found guilty on. of the crime(s) as stated below: Data CON VICTE DBY CHARGE CODE(S) Count Plea' Court Jury CRIME MCL cltatlon/PACC Code

'Plea: mcert "G‘ for guilty plea: i m *NC‘ for nolo oontandors; use 'Ml' tor guilty but mentally i. 2 Defend ^ was represented by an attorney: ______ant □ was a

The remaining time in jail to be served (not Including good behavior time) I s days. □ Defendant may bo released on day parole for the purpose checked below during the times specified: □ seeking work □ working at regular employment □ attendance at educational institution □ medical treatment □ other: Times:

□ 6. Pay: $______$ ______$ ______$ Total: S ______Rns Casa RrMtSiueon □ 7. Be confined to jail (in addition to any other jail term imposed) until fine and costs are paid, but not to exceed. days. □ 8. Return to this court to pay the above fine and costs on or bo tore orspend ___ .days in 03)9 jail, beginning

□ 9. Be placed on probation for______. months and abide by the terms of probation. (See □ l 0. Complete tha toSowtng rehabilitative services: □ Alcohol Highway Safety Education □ Treatment ( □ outpatient, □ inpatient, □ residential, □ mental health.) Specify:

□ 1 1 . Other:

(SEAL) oat Bar no. Under MCL 769.16a the clerk of the court shall send a copy of this order to the Michigan State Police Central Records Division to create a criminal history record. MC 21S (s/ei) JUDGMENT OF SENTENCE/COMMITMENT TO JAIL m c l 7*6.164 msa 28.10S8<1). mc r 8.427(A)

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Appendix E

Petition and Order for Court Appointed Attorney

118

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 119 Original ■ Court 1st copy ■ Defendant Approved. SCAO 2nd copy ■ Appointed attorney STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT PETITION AND ORDER FOR JUDICIAL CIRCUIT COURT APPOINTED ATTORNEY

ORI Court addrafio Court t«J«phon« no. Ml-

□ The State of Michigan Defendant's name, addraas, end telephone no. THE PEOPLE OF n V

CTN SID D O B

iPETITIONl

The defendant requests a court appointed attorney and submits the following information:

1. CHARGE □ Misdemeanor 2. RESIDENCE □ Live with parents □ Felony □ Rent D O w n □ Room/Board Next hearing: n Paternity 3. MARITAL STATUS Dato □ Single □ Divorced □ Dependents: Bail amount: £ □ Bond posted □ Married □ Separated Number 4 . in 6 6 m e Employer name and Length ol employment

Net: S .Average pay Gross: $ ______Net: S .Average □ weakly □ monthly □ every two weeks Other Inoome stale monthly amount end eouroo (OSS, VA. rent pensions. (pause, unemployment eta)

5. ASSETS* State value of car, home, berth deposits. inmate recount?, bonde, etocha. ets.

6. OBLIGATIONS* Itemlie monthly rent Installment payments, montage payments, child support, eta

7. REPAYMENT I understand that I may bo ordered to repay the court tor all or part of my attorney and defense costs 8. VERIFICATION I declare under penalty of contempt of court that the above Information is true to the best of my information, knowledge, and belief.

Date:. Signature: 'Use reverie side lor addhtonsd rntarmaSorVeommenss.

IORDER

□ 9. . is appointed to represent the petitioner. Name Bar no. □ 10. The petition is donbd because:.

District Court Endorsement (teiarw cnee only)

Oats

Bar no Judge MC 222 (MO) PETITION AND ORDER FOR COURT APPOINTED ATTORNEY MCR 6.008(8). MCL 6.6I0(D).(Q) APPOINTED ATTORNEY

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