Indigeneity and the judicial decision to imprison : a study of Western Australia’s higher courts

Bond, Christine & Jeffries, Samantha (2011) Indigeneity and the judicial decision to imprison : a study of Western Australia’s higher courts. British Journal of Criminology, 51(2), pp. 256-277.

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Internationally, sentencing research has largely neglected the impact of Indigeneity on sentencing outcomes. Using data from Western Australia’s higher courts for the years 2003–05, we investigate the direct and interactive effects of Indigenous status on the judicial decision to imprison. Unlike prior research on race/ethnicity in which minority offenders are often found to be more harshly treated by sentencing courts, we find that Indigenous status has no direct effect on the decision to imprison,after adjusting for other sentencing factors (especially past and current criminality).However, there are sub-group differences: Indigenous males are more likely to receive a prison sentence compared to non-Indigenous females. We draw on the focal concerns perspective of judicial decision making in interpreting our findings.

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15 citations in Scopus
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10 citations in Web of Science®

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ID Code: 40290
Item Type: Journal Article
Refereed: Yes
Keywords: Sentencing, Indigenous Defendants, Ethnicity, Race, Focal Concerns
DOI: 10.1093/bjc/azr001
ISSN: 0007-0955
Subjects: 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
Deposited On: 25 Feb 2011 00:06
Last Modified: 04 Nov 2013 02:58

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