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Evidence of cumulative disadvantage and the liberation hypothesis in court cases involving resisting arrest

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  • Dunlea, R.R.
  • Brennan, Pauline K.

Abstract

Guided by the focal concerns perspective, liberation hypothesis, and cumulative disadvantage framework, this study assesses the extent to which Black and Hispanic men receive punitive treatment throughout prosecution and sentencing for charges of resisting arrest with violence (felony) or without violence (misdemeanor). Using a sample of more than 37,000 cases referred for resisting arrest to a large urban Florida prosecutor's office, we examine racial and gender disparities in filing, charging, conviction, and sentencing. Findings demonstrate a cumulative disadvantage for Black men in case processing throughout prosecution, with small disparities at each decision point compounding to create a large disadvantage by the point of conviction for resisting arrest. A larger disparity for Hispanic men was observed at sentencing. Consistent with the liberation hypothesis, the observed cumulative disadvantage was confined to cases involving resisting arrest without violence. Findings highlight the need to consider low-level cases and early discretionary decision points as key contributors to the inequality experienced by men of color in the legal system.

Suggested Citation

  • Dunlea, R.R. & Brennan, Pauline K., 2025. "Evidence of cumulative disadvantage and the liberation hypothesis in court cases involving resisting arrest," Journal of Criminal Justice, Elsevier, vol. 101(C).
    • Handle: RePEc:eee:jcjust:v:101:y:2025:i:c:s004723522500162x
    DOI: 10.1016/j.jcrimjus.2025.102513
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    References listed on IDEAS

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    1. Darrell Steffensmeier & Stephen Demuth, 2006. "Does Gender Modify the Effects of Race–ethnicity on Criminal Sanctioning? Sentences for Male and Female White, Black, and Hispanic Defendants," Journal of Quantitative Criminology, Springer, vol. 22(3), pages 241-261, September.
    2. Robert J. Sampson, 2014. "Criminal Justice Processing and the Social Matrix of Adversity," The ANNALS of the American Academy of Political and Social Science, , vol. 651(1), pages 296-301, January.
    3. Rhys Hester & Todd K. Hartman, 2017. "Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State," Journal of Quantitative Criminology, Springer, vol. 33(1), pages 77-100, March.
    4. Sharma, Madhuri & Stolzenberg, Lisa & D'Alessio, Stewart J., 2022. "Evaluating the cumulative impact of indigent defense attorneys on criminal justice outcomes," Journal of Criminal Justice, Elsevier, vol. 81(C).
    5. Griset, Pamala L., 2002. "New sentencing laws follow old patterns:: A Florida case study," Journal of Criminal Justice, Elsevier, vol. 30(4), pages 287-301.
    6. Steven N. Zane & Brandon C. Welsh & Daniel P. Mears & Gregory M. Zimmerman, 2022. "Pathways Through Juvenile Justice: A System-Level Assessment of Cumulative Disadvantage in the Processing of Juvenile Offenders," Journal of Quantitative Criminology, Springer, vol. 38(2), pages 483-514, June.
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