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The intersection of defendants' race, gender, and age in prosecutorial decision making

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  • Franklin, Travis W.

Abstract

A growing body of research examined the ways in which various legal and extralegal factors influence prosecutors' charging decisions. Though the results of these studies were mixed, some researchers reported that extralegal factors had little or no effect on important decisions such as case rejection and dismissal. The majority of this research, however, suffered from a considerable shortcoming--that is, most studies considered the direct effects of measures such as age, race, and gender, but failed to consider the potential interactions that might occur between these factors. Consequently, the present research employed a nationally representative sample of felony drug defendants to address this issue by examining whether or not age and gender condition the effect of race on prosecutors' decisions to dismiss criminal charges. Implications of the findings are discussed in the context of theory, research, and policy.

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  • Franklin, Travis W., 2010. "The intersection of defendants' race, gender, and age in prosecutorial decision making," Journal of Criminal Justice, Elsevier, vol. 38(2), pages 185-192, March.
    • Handle: RePEc:eee:jcjust:v:38:y::i:2:p:185-192
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    References listed on IDEAS

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    1. Barnes, Carole Wolff & Kingsnorth, Rodney, 1996. "Race, drug, and criminal sentencing: Hidden effects of the criminal law," Journal of Criminal Justice, Elsevier, vol. 24(1), pages 39-55.
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    Cited by:

    1. Shana M. Judge & Jenna L. Dole, 2022. "Charging sex traffickers under federal law: What dispositions should we expect when applying theories on prosecutorial decision‐making?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(3), pages 677-715, September.
    2. Campbell, Bradley A. & Menaker, Tasha A. & King, William R., 2015. "The determination of victim credibility by adult and juvenile sexual assault investigators," Journal of Criminal Justice, Elsevier, vol. 43(1), pages 29-39.
    3. Avni, Omrit & Guetzkow, Joshua & Hasisi, Badi, 2024. "Bias in prosecutorial decision making: Bridging focal concerns & group threat," Journal of Criminal Justice, Elsevier, vol. 92(C).

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