| Abstract: | Debate regarding judicial bias in sentencing remains intense despite numerous studies on the subject. Recent research has emphasized the roles of judicial discretion and the cumulative effect of bias in the criminal justice system. This article employs preliminary data from community service sentencing to explore ethnic and gender biases for a sample of defendants. It is argued that these data have unique advantages for disentangling the effect of bias from other items, including prior record, seriousness of offense, and initial plea. The data reveal both ethnic and gender biases in sentencing under circumstances where judges have discretion, but no biases where discretion is limited. |
