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Assessing Racial Disparities in Parole Release

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  • Stéphane Mechoulan
  • Nicolas Sahuguet

Abstract

In a rational choice model of parole release, a color-blind parole board seeking to minimize violations would release all prisoners below a certain risk threshold. To test this prediction, we extend the outcome-test methodology used in assessing discrimination in police searches. We overcome the inframarginality critique by taking advantage of strategic timing of release: within each racial group, violation rates are equalized for a given sentence length. We use the National Corrections Reporting Program data, which record all parole-release decisions in the United States. We find that violation rates are consistently higher for African American parolees, a result not consistent with a parole board bias against African Americans. This conclusion is robust to a variety of tests, including ruling out postrelease discrimination. Evidence on the timing of release suggests a policy aimed at limiting racial disparities in time served rather than in violation rates, which favors fairness over efficiency.

Suggested Citation

  • Stéphane Mechoulan & Nicolas Sahuguet, 2015. "Assessing Racial Disparities in Parole Release," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 39-74.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/680988
    DOI: 10.1086/680988
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    Cited by:

    1. Julia Godfrey & Kegon Teng Kok Tan & Mariyana Zapryanova, 2023. "The Effect of Parole Board Racial Composition on Prisoner Outcomes," Working Papers 2023-011, Human Capital and Economic Opportunity Working Group.
    2. David Arnold & Will Dobbie & Crystal S Yang, 2018. "Racial Bias in Bail Decisions," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 133(4), pages 1885-1932.
    3. Jens Ludwig & Sendhil Mullainathan, 2021. "Fragile Algorithms and Fallible Decision-Makers: Lessons from the Justice System," Journal of Economic Perspectives, American Economic Association, vol. 35(4), pages 71-96, Fall.
    4. Shamena Anwar & Hanming Fang, 2015. "Testing for Racial Prejudice in the Parole Board Release Process: Theory and Evidence," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 1-37.
    5. Brendon McConnell & Kegon Teng Kok Tan & Mariyana Zapryanova, 2023. "How do Parole Boards Respond to Large, Societal Shocks? Evidence from the 9/11 Terrorist Attacks," Working Papers 2023-010, Human Capital and Economic Opportunity Working Group.
    6. Yang, Crystal S., 2017. "Local labor markets and criminal recidivism," Journal of Public Economics, Elsevier, vol. 147(C), pages 16-29.

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