Sentencing
(4) Sentencing
a)
State
Prison
Split
Jail Only
Probation
Court
Probation
Disparities in Sentencing:
i. Are defendants of color more likely to receive more
restrictive sentences (sentence type and length of
sentence) than White defendants?
ii. When controlling for sustained offense category, do
defendants of color receive more restrictive sentences
(sentence type and length of sentence) than White
defendants?
b) Impact of Pre-trial Jail:
i. Are defendants of color more likely than White
defendants to remain in jail during the trial?
ii.
Are defendants who remain in jail during trial more likely to
have more restrictive sentences?
iii. Are defendants of color who remain in jail during trial more
likely than White defendants who remain in jail during trial to
have more restrictive sentences?
iv. When controlling for offense category, are defendants of
color who remain in jail during trial more likely than White
defendants who remain in jail to have more restrictive
sentences?
c) Impact of Specialty Courts:
i. When controlling for sustained offense category, do
defendants of color from specialty courts have more
restrictive sentences than White defendants from specialty
courts?
d) Pre-Sentencing Release to Program:
i. Are defendants of color less likely than White defendants to
be released to a program pre-sentencing?
ii. Do defendants who are released to a program pre-sentence
receive less restrictive sentences than those not released to a
program?
e) Trends in Sentencing:
i. How have racial and ethnic disparities in sentencing changed
from 2011-2013/2014?
Motion to Revoke Probation Filing
(5) MTR Filing/Hearing Questions
a)
Motion to Revoke Probation Hearing
MTR
Dismissed
Probation
Modified
Probation
Revoked
Are Probation Clients (“clients”) of color more
likely than White clients to have MTRs filed?
b) Which departments or agencies are filing the
MTRs?
c) Why was the MTR filed? (new arrest, drug use,
fail to report, violate stay away order, etc.)
d) What are the outcomes of MTR Hearings for
clients of color (i.e., modification of probation
leading to a violation in jail? Modification leading
to treatment mandate? Revocation to state
prison?)
e) Do clients of color have their probation revoked
for different reasons than White clients?