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Decomposing Racial Disparities in Prison and Drug Treatment Commitments for Criminal Offenders in California

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  • John MacDonald
  • Jeremy Arkes
  • Nancy Nicosia
  • Rosalie Liccardo Pacula

Abstract

We assess whether black-white disparities in commitments to prison or diversions to treatment for drug offenders in California can be explained by differences in the characteristics of criminal cases and whether case characteristics are weighed differently by race. We also examine whether the influence of case characteristics changed after California implemented a mandatory prison diversion program for eligible drug offenders. Our results show that black-white disparities in prison commitments are fully explained by criminal case characteristics, but a significant share of the differences in treatment diversions remains unexplained. The unexplained racial disparity in treatment diversions did not change after California implemented mandatory diversion for eligible drug offenders. These findings suggest that case characteristics play a larger role in explaining prison commitments for drug offenders than the discretion of prosecutors and judges. Diversion to treatment appears to be driven more by the discretion of court officials, and racial disparities remain prominent.

Suggested Citation

  • John MacDonald & Jeremy Arkes & Nancy Nicosia & Rosalie Liccardo Pacula, 2014. "Decomposing Racial Disparities in Prison and Drug Treatment Commitments for Criminal Offenders in California," The Journal of Legal Studies, University of Chicago Press, vol. 43(1), pages 155-187.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/675728
    DOI: 10.1086/675728
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    References listed on IDEAS

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    3. Todd Sorensen & Supriya Sarnikar & Ronald L. Oaxaca, 2012. "Race and Gender Differences under Federal Sentencing Guidelines," American Economic Review, American Economic Association, vol. 102(3), pages 256-260, May.
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    5. Mustard, David B, 2001. "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts," Journal of Law and Economics, University of Chicago Press, vol. 44(1), pages 285-314, April.
    6. Golembeski, C. & Fullilove, R., 2005. "Criminal (in)justice in the city and its associated health consequences," American Journal of Public Health, American Public Health Association, vol. 95(10), pages 1701-1706.
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    Cited by:

    1. Mooney, Alyssa C. & Neilands, Torsten B. & Giannella, Eric & Morris, Meghan D. & Tulsky, Jacqueline & Glymour, M. Maria, 2019. "Effects of a voter initiative on disparities in punishment severity for drug offenses across California counties," Social Science & Medicine, Elsevier, vol. 230(C), pages 9-19.

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