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Discrimination or Differential Involvement? A Review of the Research Exploring the Impact of Indigenous Status on Sentencing

Jeffries, Samantha & Bond, Christine (2010) Discrimination or Differential Involvement? A Review of the Research Exploring the Impact of Indigenous Status on Sentencing. In The annual conference of The Australian Sociological Association 2010, 6-9 December, 2010, Macquarie University.

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Abstract

Existing court data suggest that adult Indigenous offenders are more likely than non-Indigenous defendants to be sentenced to prison but once imprisoned generally receive shorter terms. Using findings from international and Australian multivariate statistical analyses, this paper reviews the three key hypotheses advanced as plausible explanations for these differences: 1) differential involvement, 2) negative discrimination, 3) positive discrimination. Overall, prior research shows strong support for the differential involvement thesis, some support for positive discrimination and little foundation for negative discrimination in the sentencing of Indigenous defendants. Where discrimination is found, we argue that this may be explained by the lack of a more complete set of control variables in researchers’ multivariate models.

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ID Code: 39180
Item Type: Conference Paper
Keywords: Indigenous offenders, Sentencing, Discrimination, Differential involvement, Focal concerns
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Courts and Sentencing (160203)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Criminology not elsewhere classified (160299)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Justice
Copyright Owner: The authors
Deposited On: 14 Dec 2010 15:35
Last Modified: 01 Mar 2012 00:35

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