November 3, 2001

University Park, Pa. -- The Pennsylvania criminal justice system deals with Hispanic defendants more harshly than either Whites or Blacks, both for drug-related and non-drug related offenses, a Penn State researcher says.

"Our study of Pennsylvania Commission on Sentencing data shows that, regardless of the offense, the gap in punishment between Hispanics and Blacks is even greater than is the gap between Blacks and Whites. In fact, the differences in sentences between Blacks and Whites are small to trivial," says Dr. Darrell Steffensmeier, professor of sociology and crime, law and justice.

"It should be stressed, however, that prior record and offense severity, not ethnicity, are overwhelmingly the most important factors in determining who is sentenced to prison and for how long," Steffensmeier notes. "This holds true whether the defendant is White, Black or Hispanic."

Steffensmeier and Dr. Stephen Demuth, assistant professor of sociology at Bowling Green State University, published their findings in the paper, "Ethnicity and Judges' Sentencing Decisions: Hispanic-Black-White Comparisons," recently in the journal Criminology. The study used Pennsylvania Commission on Sentencing figures for 14 counties in Pennsylvania, which together contain 89 percent of the state's Hispanic population and 93 percent of the Black population.

In drug-related cases, Hispanics were 26 percent more likely to be incarcerated than White offenders, and Blacks were 7 percent more likely. Hispanics received sentences on average about eight months longer than those given to Whites. As opposed to this, Blacks were handed sentences only an average of three weeks longer than Whites. The tougher sentences imposed on Blacks and especially Hispanics seem to result from the keen attention given by the media and law enforcement agencies to Black and Hispanic drug-distribution networks.

In non-drug cases, Hispanics were 18 percent more likely to be incarcerated than White offenders, and Blacks were 6 percent more likely, Steffensmeier explains. Hispanics received sentences on average about 10 months longer than Whites, and Blacks were given sentences about three months longer.

"It is true that Hispanic groups often resemble and share many problems with urban Black Americans: poverty, unemployment, female-headed households, failing educational systems and crime," says Steffensmeier. "However, Hispanics, especially Mexican-Americans and Puerto Ricans, suffer from a number of disadvantages that may increase their chances of being given comparatively harsh sentences."

The American mainstream has a long history of prejudice against Hispanics, who have been often stereotyped as more prone to serious crime and recidivism, he notes. This in turn may color the attitudes of various court officials -- police, prosecutors, probation officers and judges -- in their processing of Hispanic defendants, causing them to view Hispanics as poorer risks for rehabilitation and a greater potential danger to the community.

"Beliefs about minorities tend to shape the focal concerns of sentencing decisions" Steffensmeier says. "Because Pennsylvania judges are locally elected officials, their sentencing decisions may be more influenced, at least subliminally, by existing prejudices toward minorities and by concerns that recidivism of released felons may reflect badly both on the court and the sentencing judge.

"Also, moral crusades against drugs in the United States have often been intertwined with the issues of race and ethnicity. Drug distribution and sales, especially that of cocaine, are identified with Black-dominated gangs on one hand and with Hispanic traffickers on the other hand," Steffensmeier adds.

The sheer scope of Hispanic immigration over the past quarter-century has frequently raised contentious issues and generated resentments. In many circles, Hispanics are viewed as a tax and welfare burden and as competitors for "American" jobs. Furthermore, bilingualism is seen as a threat to the primacy of English, the study says.

In addition, Steffensmeier cites the cultural emphasis on loyalty and honor among Hispanic males that might prevent them from informing on criminal associates or reducing their sentence through plea bargaining. Hispanics may also be disadvantaged by language barriers that keep them from fully understanding the complexities of the law (e.g. plea negotiation).

"Except for Cuban Americans, Hispanics have disproportionately less access to political resources and power than other Americans, perhaps even less so than Blacks," says Steffensmeier. "Black Americans, perhaps because of their longer history in the United States, have developed numerous organizations (e.g. National Association for the Advancement of Colored People, Urban League) for monitoring and protesting discriminatory treatment.

"By comparison, Hispanics have established fewer in-place `protest' mechanisms for raising concerns about unfair treatment, including treatment by the criminal justice system," notes the Penn State researcher. "Consequently, Hispanics have less of a voice in the criminal justice system."

The courts' treatment of Hispanics has important implications since the number of Hispanic Americans -- Mexicans, Central and South Americans and Caribbean islanders -- has increased 55 percent nationwide since 1980. They now constitute almost 12 percent of the population, and by 2005 they will replace Blacks as the United States' largest "minority" group, says Steffensmeier, past president of the International Association for the Study of Organized Crime and a fellow of the American Society of Criminology.

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Contacts:
Paul Blaum (814) 865-9481 (o)/ (814) 867-2811 (h) pab15@psu.edu
Vicki Fong (814) 865-9481 (o)/ (814) 238-1221 (h) vfong@psu.edu