The effects of race on procedural justice: The case of the uniform code of military justice

Armed Forces and Society

Volumn 24, Issue 2, 1997, Pages 183-220

  Landis, Dan ^a   Dansby, Mickey R ^b   Hoyle, Michael ^b  

^a UNIVERSITY OF MISSISSIPPI   (United States)

^b NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0031330455     PISSN: 0095327X     EISSN: None     Source Type: Journal    
DOI: 10.1177/0095327x9702400201     Document Type: Article

References (107)

1. NAACP, The Search for Military Justice (New York: NAACP Special Contribution Fund, 1971), 5.
2. See D. Landis, "Racial Disparities in the Administration of the Uniform Code of Military Justice or: Tracking the Wily Disparity through the Trackless Wilds of the Military Discipline System," in Proceedings of Equal Opportunity Research Symposium (DEOMI Research Pamphlet 95-14) (Cocoa Beach, FL: Defense Equal Opportunity Management Institute, 1985).
3. See M. Deutch, Distributive Justice: A Social Psychological Perspective (New Haven, CT: Yale University Press, 1985); E. A. Lind and T.R. Tyler, The Social Psychology of Procedural Justice (New York: Plenum, 1988); J. Greenberg, "Reactions to Procedural Injustice in Payment Distributions: Do the Ends Justify the Means?" Journal of Applied Psychology, 72 (1987): 55-61; J. Greenberg, "Organizational Justice: Yesterday, Today, and Tomorrow," Journal of Management 16 (1990): 399-432.
4. See M. Deutch, Distributive Justice: A Social Psychological Perspective (New Haven, CT: Yale University Press, 1985); E. A. Lind and T.R. Tyler, The Social Psychology of Procedural Justice (New York: Plenum, 1988); J. Greenberg, "Reactions to Procedural Injustice in Payment Distributions: Do the Ends Justify the Means?" Journal of Applied Psychology, 72 (1987): 55-61; J. Greenberg, "Organizational Justice: Yesterday, Today, and Tomorrow," Journal of Management 16 (1990): 399-432.
5. See M. Deutch, Distributive Justice: A Social Psychological Perspective (New Haven, CT: Yale University Press, 1985); E. A. Lind and T.R. Tyler, The Social Psychology of Procedural Justice (New York: Plenum, 1988); J. Greenberg, "Reactions to Procedural Injustice in Payment Distributions: Do the Ends Justify the Means?" Journal of Applied Psychology, 72 (1987): 55-61; J. Greenberg, "Organizational Justice: Yesterday, Today, and Tomorrow," Journal of Management 16 (1990): 399-432.
6. See M. Deutch, Distributive Justice: A Social Psychological Perspective (New Haven, CT: Yale University Press, 1985); E. A. Lind and T.R. Tyler, The Social Psychology of Procedural Justice (New York: Plenum, 1988); J. Greenberg, "Reactions to Procedural Injustice in Payment Distributions: Do the Ends Justify the Means?" Journal of Applied Psychology, 72 (1987): 55-61; J. Greenberg, "Organizational Justice: Yesterday, Today, and Tomorrow," Journal of Management 16 (1990): 399-432.
7. An exception is S. G. Loewenstein, S. Issacharoff, C. Camerer, and L. Babcock, "Self-serving Assessments of Fairness and Pretrial Bargaining," Journal of Legal Studies, 22 (1993): 135-159.
8. Greenberg, "Organizational Justice."
9. See R. J. Bies and J. S. Moag, "Interactional Justice: Communication Criteria of Fairness," Research on Negotiation in Organizations 1 (1986): 43-55.
10. See C. Norris, N. Fielding, C. Kempe, and J. Fielding. "Black and Blue: An Analysis of the Influence of Race on Being Stopped by the Police," British Journal of Sociology 43 (1992): 207-224; S.L. Browing, F. T. Cullen, L. Cao, R. Kopache, and T. J. Stevenson. "Race and Getting Hassled by the Police: A Research Note," Police Studies 17 (1994): 1-11.
11. See C. Norris, N. Fielding, C. Kempe, and J. Fielding. "Black and Blue: An Analysis of the Influence of Race on Being Stopped by the Police," British Journal of Sociology 43 (1992): 207-224; S.L. Browing, F. T. Cullen, L. Cao, R. Kopache, and T. J. Stevenson. "Race and Getting Hassled by the Police: A Research Note," Police Studies 17 (1994): 1-11.
12. See A. Blumstein, "On the Racial Disproportionality of the United States Prison Populations," Journal of Criminal Law and Criminology 73 (1982): 1259-1281.
13. See R. D. Crutchfield, G. S. Bridges, and S. R. Pitchford, "Analytical and Aggregation Biases in Analyses of Imprisonment: Reconciling Discrepancies in Studies of Racial Disparity," Journal of Research in Crime and Delinquency 31 (1994): 166-182.
14. Tonry has argued, in contrast, that differential outcomes can occur when the political system criminalizes behaviors that occur more heavily in minority populations. Thus, the emphasis on long terms for drugs that are particularly prevalent in minority population (e.g., crack cocaine) leads to a prison population that is predominately minority. See M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995); also see D. C. McDonald and K. E. Carlson, Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-1990 (Washington, D.C.: Office of Justice Programs, U.S. Department of Justice, 1993); J. Petersilla, Racial Disparities in the Criminal Justice System (Santa Monica, CA: Rand Corporation, 1983); W. Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/Cole, 1987). On the other side see, for example, J. D. Unnever, C. E. Frazier, and J. C. Henreta, "Race Differences in Criminal Sentencing," The Sociological Quarterly 21 (1980): 197-205; and M. Wordes, T. S. Bynum, and C. J. Corley, "Locking up Youth: The Impact of Race on Detention Decisions," Journal of Research in Crime and Delinquency 31 (1994) 149-165. Finally, C. C. Spohn, J. Gruhl, and S. Welch, "The Effect of Race on Sentencing: A Re-examination of an Unsettled Question," Law and Society Review 16 [1981-82]: 71-86) take a compromise position, namely, that race has an indirect - not a direct - effect on the penalty levied.
15. Tonry has argued, in contrast, that differential outcomes can occur when the political system criminalizes behaviors that occur more heavily in minority populations. Thus, the emphasis on long terms for drugs that are particularly prevalent in minority population (e.g., crack cocaine) leads to a prison population that is predominately minority. See M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995); also see D. C. McDonald and K. E. Carlson, Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-1990 (Washington, D.C.: Office of Justice Programs, U.S. Department of Justice, 1993); J. Petersilla, Racial Disparities in the Criminal Justice System (Santa Monica, CA: Rand Corporation, 1983); W. Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/Cole, 1987). On the other side see, for example, J. D. Unnever, C. E. Frazier, and J. C. Henreta, "Race Differences in Criminal Sentencing," The Sociological Quarterly 21 (1980): 197-205; and M. Wordes, T. S. Bynum, and C. J. Corley, "Locking up Youth: The Impact of Race on Detention Decisions," Journal of Research in Crime and Delinquency 31 (1994) 149-165. Finally, C. C. Spohn, J. Gruhl, and S. Welch, "The Effect of Race on Sentencing: A Re-examination of an Unsettled Question," Law and Society Review 16 [1981-82]: 71-86) take a compromise position, namely, that race has an indirect - not a direct - effect on the penalty levied.
16. Tonry has argued, in contrast, that differential outcomes can occur when the political system criminalizes behaviors that occur more heavily in minority populations. Thus, the emphasis on long terms for drugs that are particularly prevalent in minority population (e.g., crack cocaine) leads to a prison population that is predominately minority. See M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995); also see D. C. McDonald and K. E. Carlson, Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-1990 (Washington, D.C.: Office of Justice Programs, U.S. Department of Justice, 1993); J. Petersilla, Racial Disparities in the Criminal Justice System (Santa Monica, CA: Rand Corporation, 1983); W. Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/Cole, 1987). On the other side see, for example, J. D. Unnever, C. E. Frazier, and J. C. Henreta, "Race Differences in Criminal Sentencing," The Sociological Quarterly 21 (1980): 197-205; and M. Wordes, T. S. Bynum, and C. J. Corley, "Locking up Youth: The Impact of Race on Detention Decisions," Journal of Research in Crime and Delinquency 31 (1994) 149-165. Finally, C. C. Spohn, J. Gruhl, and S. Welch, "The Effect of Race on Sentencing: A Re-examination of an Unsettled Question," Law and Society Review 16 [1981-82]: 71-86) take a compromise position, namely, that race has an indirect - not a direct - effect on the penalty levied.
17. Tonry has argued, in contrast, that differential outcomes can occur when the political system criminalizes behaviors that occur more heavily in minority populations. Thus, the emphasis on long terms for drugs that are particularly prevalent in minority population (e.g., crack cocaine) leads to a prison population that is predominately minority. See M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995); also see D. C. McDonald and K. E. Carlson, Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-1990 (Washington, D.C.: Office of Justice Programs, U.S. Department of Justice, 1993); J. Petersilla, Racial Disparities in the Criminal Justice System (Santa Monica, CA: Rand Corporation, 1983); W. Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/Cole, 1987). On the other side see, for example, J. D. Unnever, C. E. Frazier, and J. C. Henreta, "Race Differences in Criminal Sentencing," The Sociological Quarterly 21 (1980): 197-205; and M. Wordes, T. S. Bynum, and C. J. Corley, "Locking up Youth: The Impact of Race on Detention Decisions," Journal of Research in Crime and Delinquency 31 (1994) 149-165. Finally, C. C. Spohn, J. Gruhl, and S. Welch, "The Effect of Race on Sentencing: A Re-examination of an Unsettled Question," Law and Society Review 16 [1981-82]: 71-86) take a compromise position, namely, that race has an indirect - not a direct - effect on the penalty levied.
18. Tonry has argued, in contrast, that differential outcomes can occur when the political system criminalizes behaviors that occur more heavily in minority populations. Thus, the emphasis on long terms for drugs that are particularly prevalent in minority population (e.g., crack cocaine) leads to a prison population that is predominately minority. See M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995); also see D. C. McDonald and K. E. Carlson, Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-1990 (Washington, D.C.: Office of Justice Programs, U.S. Department of Justice, 1993); J. Petersilla, Racial Disparities in the Criminal Justice System (Santa Monica, CA: Rand Corporation, 1983); W. Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/Cole, 1987). On the other side see, for example, J. D. Unnever, C. E. Frazier, and J. C. Henreta, "Race Differences in Criminal Sentencing," The Sociological Quarterly 21 (1980): 197-205; and M. Wordes, T. S. Bynum, and C. J. Corley, "Locking up Youth: The Impact of Race on Detention Decisions," Journal of Research in Crime and Delinquency 31 (1994) 149-165. Finally, C. C. Spohn, J. Gruhl, and S. Welch, "The Effect of Race on Sentencing: A Re-examination of an Unsettled Question," Law and Society Review 16 [1981-82]: 71-86) take a compromise position, namely, that race has an indirect - not a direct - effect on the penalty levied.
19. Tonry has argued, in contrast, that differential outcomes can occur when the political system criminalizes behaviors that occur more heavily in minority populations. Thus, the emphasis on long terms for drugs that are particularly prevalent in minority population (e.g., crack cocaine) leads to a prison population that is predominately minority. See M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995); also see D. C. McDonald and K. E. Carlson, Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-1990 (Washington, D.C.: Office of Justice Programs, U.S. Department of Justice, 1993); J. Petersilla, Racial Disparities in the Criminal Justice System (Santa Monica, CA: Rand Corporation, 1983); W. Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/Cole, 1987). On the other side see, for example, J. D. Unnever, C. E. Frazier, and J. C. Henreta, "Race Differences in Criminal Sentencing," The Sociological Quarterly 21 (1980): 197-205; and M. Wordes, T. S. Bynum, and C. J. Corley, "Locking up Youth: The Impact of Race on Detention Decisions," Journal of Research in Crime and Delinquency 31 (1994) 149-165. Finally, C. C. Spohn, J. Gruhl, and S. Welch, "The Effect of Race on Sentencing: A Re-examination of an Unsettled Question," Law and Society Review 16 [1981-82]: 71-86) take a compromise position, namely, that race has an indirect - not a direct - effect on the penalty levied.
20. Tonry has argued, in contrast, that differential outcomes can occur when the political system criminalizes behaviors that occur more heavily in minority populations. Thus, the emphasis on long terms for drugs that are particularly prevalent in minority population (e.g., crack cocaine) leads to a prison population that is predominately minority. See M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995); also see D. C. McDonald and K. E. Carlson, Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-1990 (Washington, D.C.: Office of Justice Programs, U.S. Department of Justice, 1993); J. Petersilla, Racial Disparities in the Criminal Justice System (Santa Monica, CA: Rand Corporation, 1983); W. Wilbanks, The Myth of a Racist Criminal Justice System (Monterey, CA: Brooks/Cole, 1987). On the other side see, for example, J. D. Unnever, C. E. Frazier, and J. C. Henreta, "Race Differences in Criminal Sentencing," The Sociological Quarterly 21 (1980): 197-205; and M. Wordes, T. S. Bynum, and C. J. Corley, "Locking up Youth: The Impact of Race on Detention Decisions," Journal of Research in Crime and Delinquency 31 (1994) 149-165. Finally, C. C. Spohn, J. Gruhl, and S. Welch, "The Effect of Race on Sentencing: A Re-examination of an Unsettled Question," Law and Society Review 16 [1981-82]: 71-86) take a compromise position, namely, that race has an indirect - not a direct - effect on the penalty levied.
21. See M. S. Zatz and A. Lizotte, "The Timing of Court Processing: Toward Linking Theory and Method," Criminology 23 (1985): 313-335; J. Hagan and M. S. Zatz, "The Social Organization of Criminal Justice Processing: An Event History Analysis," Social Science Research 14 (1985): 103-125; M.S. Zatz and J. Hagan, "Crime, Time and Punishment: An Exploration of Selection Bias in Sentencing Research," Journal of Quantitative Criminology 1 (1985): 103-126; and M.K. Quesreshi and M.S. King, "Processing Time as a Function of Ethnicity, Gender and Psychopathology," Unpublished research, Department of Psychology, Marquette University (1995). M. Feeley, The Process is the Punishment (New York City: Russell Sage, 1979), in examining the lower court system in New Haven, found no race effect on the decision to either nolle or for the defendant to plead guilty. In this study, as well as others (e.g., C. A. Albonett), "An Integration of Theories to Explain Judicial Discretion," Social Problems 38 [1991]: 247-266), the focus has been on process effects on sentence severity, rather than racial effects on the process itself, which is the subject of the present study.
22. See M. S. Zatz and A. Lizotte, "The Timing of Court Processing: Toward Linking Theory and Method," Criminology 23 (1985): 313-335; J. Hagan and M. S. Zatz, "The Social Organization of Criminal Justice Processing: An Event History Analysis," Social Science Research 14 (1985): 103-125; M.S. Zatz and J. Hagan, "Crime, Time and Punishment: An Exploration of Selection Bias in Sentencing Research," Journal of Quantitative Criminology 1 (1985): 103-126; and M.K. Quesreshi and M.S. King, "Processing Time as a Function of Ethnicity, Gender and Psychopathology," Unpublished research, Department of Psychology, Marquette University (1995). M. Feeley, The Process is the Punishment (New York City: Russell Sage, 1979), in examining the lower court system in New Haven, found no race effect on the decision to either nolle or for the defendant to plead guilty. In this study, as well as others (e.g., C. A. Albonett), "An Integration of Theories to Explain Judicial Discretion," Social Problems 38 [1991]: 247-266), the focus has been on process effects on sentence severity, rather than racial effects on the process itself, which is the subject of the present study.
23. See M. S. Zatz and A. Lizotte, "The Timing of Court Processing: Toward Linking Theory and Method," Criminology 23 (1985): 313-335; J. Hagan and M. S. Zatz, "The Social Organization of Criminal Justice Processing: An Event History Analysis," Social Science Research 14 (1985): 103-125; M.S. Zatz and J. Hagan, "Crime, Time and Punishment: An Exploration of Selection Bias in Sentencing Research," Journal of Quantitative Criminology 1 (1985): 103-126; and M.K. Quesreshi and M.S. King, "Processing Time as a Function of Ethnicity, Gender and Psychopathology," Unpublished research, Department of Psychology, Marquette University (1995). M. Feeley, The Process is the Punishment (New York City: Russell Sage, 1979), in examining the lower court system in New Haven, found no race effect on the decision to either nolle or for the defendant to plead guilty. In this study, as well as others (e.g., C. A. Albonett), "An Integration of Theories to Explain Judicial Discretion," Social Problems 38 [1991]: 247-266), the focus has been on process effects on sentence severity, rather than racial effects on the process itself, which is the subject of the present study.
24. See M. S. Zatz and A. Lizotte, "The Timing of Court Processing: Toward Linking Theory and Method," Criminology 23 (1985): 313-335; J. Hagan and M. S. Zatz, "The Social Organization of Criminal Justice Processing: An Event History Analysis," Social Science Research 14 (1985): 103-125; M.S. Zatz and J. Hagan, "Crime, Time and Punishment: An Exploration of Selection Bias in Sentencing Research," Journal of Quantitative Criminology 1 (1985): 103-126; and M.K. Quesreshi and M.S. King, "Processing Time as a Function of Ethnicity, Gender and Psychopathology," Unpublished research, Department of Psychology, Marquette University (1995). M. Feeley, The Process is the Punishment (New York City: Russell Sage, 1979), in examining the lower court system in New Haven, found no race effect on the decision to either nolle or for the defendant to plead guilty. In this study, as well as others (e.g., C. A. Albonett), "An Integration of Theories to Explain Judicial Discretion," Social Problems 38 [1991]: 247-266), the focus has been on process effects on sentence severity, rather than racial effects on the process itself, which is the subject of the present study.
25. See M. S. Zatz and A. Lizotte, "The Timing of Court Processing: Toward Linking Theory and Method," Criminology 23 (1985): 313-335; J. Hagan and M. S. Zatz, "The Social Organization of Criminal Justice Processing: An Event History Analysis," Social Science Research 14 (1985): 103-125; M.S. Zatz and J. Hagan, "Crime, Time and Punishment: An Exploration of Selection Bias in Sentencing Research," Journal of Quantitative Criminology 1 (1985): 103-126; and M.K. Quesreshi and M.S. King, "Processing Time as a Function of Ethnicity, Gender and Psychopathology," Unpublished research, Department of Psychology, Marquette University (1995). M. Feeley, The Process is the Punishment (New York City: Russell Sage, 1979), in examining the lower court system in New Haven, found no race effect on the decision to either nolle or for the defendant to plead guilty. In this study, as well as others (e.g., C. A. Albonett), "An Integration of Theories to Explain Judicial Discretion," Social Problems 38 [1991]: 247-266), the focus has been on process effects on sentence severity, rather than racial effects on the process itself, which is the subject of the present study.
26. See M. S. Zatz and A. Lizotte, "The Timing of Court Processing: Toward Linking Theory and Method," Criminology 23 (1985): 313-335; J. Hagan and M. S. Zatz, "The Social Organization of Criminal Justice Processing: An Event History Analysis," Social Science Research 14 (1985): 103-125; M.S. Zatz and J. Hagan, "Crime, Time and Punishment: An Exploration of Selection Bias in Sentencing Research," Journal of Quantitative Criminology 1 (1985): 103-126; and M.K. Quesreshi and M.S. King, "Processing Time as a Function of Ethnicity, Gender and Psychopathology," Unpublished research, Department of Psychology, Marquette University (1995). M. Feeley, The Process is the Punishment (New York City: Russell Sage, 1979), in examining the lower court system in New Haven, found no race effect on the decision to either nolle or for the defendant to plead guilty. In this study, as well as others (e.g., C. A. Albonett), "An Integration of Theories to Explain Judicial Discretion," Social Problems 38 [1991]: 247-266), the focus has been on process effects on sentence severity, rather than racial effects on the process itself, which is the subject of the present study.
27. See Feeley, Process.
28. S Gilliland, "Effects of Procedural and Distributive Justice on Reactions to a Selection System," Journal of Applied Psychology 79 (1994) 691-701; J. Schaubroeck, D. R. May, and F. W. Brown, "Procedural Justice Explanations and Employee Reactions to Economic Hardship: A Field Experiment," Journal of Applied Psychology 79 (1994): 455-460.
29. S Gilliland, "Effects of Procedural and Distributive Justice on Reactions to a Selection System," Journal of Applied Psychology 79 (1994) 691-701; J. Schaubroeck, D. R. May, and F. W. Brown, "Procedural Justice Explanations and Employee Reactions to Economic Hardship: A Field Experiment," Journal of Applied Psychology 79 (1994): 455-460.
30. See Wilbanks, Myth.
31. See Zatz and Lizotte, Timing; Hagan and Zatz, Social Organization; Zatz and Hagan, Crime Time.
32. See Zatz and Lizotte, Timing; Hagan and Zatz, Social Organization; Zatz and Hagan, Crime Time.
33. See Zatz and Lizotte, Timing; Hagan and Zatz, Social Organization; Zatz and Hagan, Crime Time.
34. See N. B. Tuma, M. T. Hannan and L. T. Groeneveld, "Dynamic Analysis of Event Histories," American Journal of Sociology 84 (1979): 820-854; N. B. Tuma and D. Crockford, "Invoicing RATE," unpublished ms., Department of Sociology, Stanford University.
35. See N. B. Tuma, M. T. Hannan and L. T. Groeneveld, "Dynamic Analysis of Event Histories," American Journal of Sociology 84 (1979): 820-854; N. B. Tuma and D. Crockford, "Invoicing RATE," unpublished ms., Department of Sociology, Stanford University.
36. Hagan and Zatz, Social Organization, 120.
37. Zatz and Lizotte, Timing, 314.
38. J. Hagan, J. D. Hewitt and D.F. Alwin, "Ceremonial Justice: Crime and Punishment in a Loosely Coupled System," Social Forces 58 (1979): 506-526.
39. 10 U.S.C. 801-948.
40. _, Manual for Courts-Martial United States 1984 (1994 Edition) (Washington, D.C.: U.S. Government Printing Office, 1994).
41. 10 U.S.C. 831.
42. And, of course, the accused may hire any additional civilian counsel he or she wishes if not satisfied with that provided by the military. Such additional counsel is at the servicemember's own expense.
43. Kirby v. Illinois, 406 US 689.
44. MRE 321 (b)(2)(A).
45. MRE 304.
46. RCM 1202, 1204 and 1102.
47. 10 U.S.C. 832; R.C.M. 405.
48. S. Lamb, "The Court-Martial Panel Selection Process: A Critical Analysis," Military Law Review 137 (1992): 103-166.
49. For a classic treatment of plea bargaining, see D. Newman, "Pleading Guilty for Considerations: A Study of Bargain Justice," Journal of Criminal Law, Criminology, and Police Science 46 (1956): 780-790. Also see D. Reddy, "Guilty Pleas and Practice," American Criminal Law Review 30 (1993): 1117-1137.
50. For a classic treatment of plea bargaining, see D. Newman, "Pleading Guilty for Considerations: A Study of Bargain Justice," Journal of Criminal Law, Criminology, and Police Science 46 (1956): 780-790. Also see D. Reddy, "Guilty Pleas and Practice," American Criminal Law Review 30 (1993): 1117-1137.
51. See J. Connelly, Equitability of Treatment in the Army Judicial Proceedings (ETAJUP) (Report SR-93-14. Bethesda. MD: U.S. Army Concepts Analysis Agency, 1993); A. C. Robinson, "Blacks and the Military Justice System" (Unpublished paper, Washington, D.C.: HDQR, Department of the Army, 1993). Robinson reported that in a sample of Army courts-martial for aggravated assault, 69 percent of whites and only 51 percent of blacks had pretrial agreements (p. 58).
52. See J. Connelly, Equitability of Treatment in the Army Judicial Proceedings (ETAJUP) (Report SR-93-14. Bethesda. MD: U.S. Army Concepts Analysis Agency, 1993); A. C. Robinson, "Blacks and the Military Justice System" (Unpublished paper, Washington, D.C.: HDQR, Department of the Army, 1993). Robinson reported that in a sample of Army courts-martial for aggravated assault, 69 percent of whites and only 51 percent of blacks had pretrial agreements (p. 58).
53. S. Walker, C. Spohn and M. Deleon, The Color of Justice (Monterey, CA: Wadsworth, 1996).
54. I. Bernstein, E. Kick, J. Leung, and B. Schultz, "Charge Reduction: An Intermediary State in the Process of Labeling Criminal Defendants," Social Forces 56 (1977): 362-384.
55. P. Nardulli, J. Eisenstein, and R. Flemming, The Tenor of Justice: Criminal Courts and the Guilty Plea (Chicago: University of Chicago Press, 1988).
56. M. Holmes, H. Daudistel, and R. Farrell, "Determinants of Charge Reductions and Final Dispositions in Cases of Burglary and Robbery," Journal of Research in Crime and Delinquency 24 (1986): 233-254.
57. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
58. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
59. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
60. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
61. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
62. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
63. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
64. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
65. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
66. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
67. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
68. P. G. Nordlie, E. R Sevilla, W. S. Edmonds, and S. J. White, A Study of Racial Factors in the Army's Justice and Discharge System (5 vols.), (McLean, VA: Human Sciences Research, 1979, November); R. J. Hart, The Relationship between Perceived Offense and Actual Discipline Rates in the Military (Research Memorandum 77-30, Presidio of Monterey, CA: Army Research Institute Field Unit, 1978, February); S. Conway, Effects of Race and Gender on Court-Martial Rates and Punishments (NPRDC Special Report 83-20, San Diego: Navy Personnel Research and Development Center 1983 March); R. G. Bauer, R L. Stout, and R. F. Holz, Predicting Military Delinquency (Research Problem Review 76-4, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1976, August); D. B. Bell and R. F. Holz, Summary of ARl Research on Military Delinquency (Research Report 1185, Arlington, VA: US Army Research Institute for the Behavioral and Social Sciences, 1975, June); M. R. Dansby, Racial Disparities in the Military Incarceration Rates: An Overview and Research Strategy (DEOMI Research Series Pamphlet 92-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1992); G. E. Horne, Equity in Disciplinary Rates (Alexandria, VA: Center for Naval Analysis, 1988); S. B. Knouse, Differences between Black and White Military Offenders: A Study of Socioeconomic, Familial, Personality, and Military Characteristics of Inmates at the United States Disciplinary Barracks at Fort Leavenworth (DEOMI Research Series Pamphlet 93-2, Patrick AFB, FL: Directorate of Research, Defense Equal Opportunity Management Institute, 1993; G. Connelly, Equitability; Robinson, Blacks and Military Justice; M. R. Walker, An Analysis of Discipline Rates among Racial/ethnic Groups in the US Military (Patrick AFB, FL: Defense Equal Opportunity Management Institute, undated); D. Landis and M. R. Dansby, Race and the Military Justice System: Design for a Program of Action Research (DEOMI Research Series Pamphlet 94-3, Patrick AFB, FL: Defense Equal Opportunity Management Institute, 1994)
69. Connelly, Equitability; Robinson, Blacks and Military Justice.
70. Connelly, Equitability; Robinson, Blacks and Military Justice.
71. Tonry, Malign Neglect.
72. Knouse, Differences.
73. J. E. Edwards and C. E. Newell, Navy Pattern-of-Misconduct Discharges: A Study of Potential Racial Effects (San Diego: Navy Personnel Research and Development Center, 1994).
74. Hagan and Zatz, Social Organization.
75. Hagan and Zatz, Social Organization.
76. Knouse, Differences; Edward and Newell, Navy Pattern.
77. Knouse, Differences; Edward and Newell, Navy Pattern.
78. Connelly, Equitability; Robinson, Blacks and Military Justice.
79. Connelly, Equitability; Robinson, Blacks and Military Justice.
80. Crimes listed as involving amphetamines include cocaine, LSD, and other schedule 1 drugs. We can assume that the vast majority of these offenses involve cocaine in either powder or crack form. The UCMJ does not distinguish between the forms of cocaine in terms of determining sentences. We selected offenses for which there would be sufficient incidents to make statistical comparisons reasonable. Thus, some of the offenses included in previous studies of the civilian criminal justice system (e.g., auto theft) are not a subject of the present research.
81. Blumstein, Racial Disporportionality; P. A. Langan, "Racism on Trial: New Evidence to Explain the Racial Composition of Prisons in the United States," Journal of Criminal Law and Criminology 76 (1985): 666-683; Tonry, Malign Neglect.
82. Blumstein, Racial Disporportionality; P. A. Langan, "Racism on Trial: New Evidence to Explain the Racial Composition of Prisons in the United States," Journal of Criminal Law and Criminology 76 (1985): 666-683; Tonry, Malign Neglect.
83. Blumstein, Racial Disporportionality; P. A. Langan, "Racism on Trial: New Evidence to Explain the Racial Composition of Prisons in the United States," Journal of Criminal Law and Criminology 76 (1985): 666-683; Tonry, Malign Neglect.
84. Blumstein, Racial Disproportionality.
85. D. R. Cox and D. Oaks, Analysis of Survival Data (London: Chapman and Hall, 1984); SAS, SAS Technical Report P-179 Additional SAS/STAT Procedures. Release 6.03 (Cary, NC: SAS Institute Inc, 1988). We use survival analysis rather than the event history analysis used by Zatz and her colleagues due to the continuous nature of our dependent variable time. Although that variable could be categorized, information would be lost, to no purpose, in so doing.
86. D. R. Cox and D. Oaks, Analysis of Survival Data (London: Chapman and Hall, 1984); SAS, SAS Technical Report P-179 Additional SAS/STAT Procedures. Release 6.03 (Cary, NC: SAS Institute Inc, 1988). We use survival analysis rather than the event history analysis used by Zatz and her colleagues due to the continuous nature of our dependent variable time. Although that variable could be categorized, information would be lost, to no purpose, in so doing.
87. The GT scores of whites in our sample are essentially the same as all whites currently enlisted in the Army (Army mean=109.42), while blacks in the sample have somewhat higher scores (Army means for blacks=95.99). Data provided by Defense Management Data Center.
88. A post-hoc analysis of sentence length using the present data found significant racial differences only with regard to the offense of distribution of amphetamines. Here the mean sentence given to blacks was significantly longer (F=13.67, df= 1,2130; p< .0001) (by about 11 months) than that awarded to whites. It should be noted that this category includes cocaine as well as amphetamines. This difference is somewhat less than that reported for the federal courts after the implementation of the 1987 sentencing guidelines. The facts that the UCMJ does not distinguish between crack and powder cocaine and, that, unlike in the civilian sector, racial differences in income should not be a factor in drug preferences, suggest that the civilian distinctions have permeated the evaluations made by military jurors and judges. See Connelly, Equitability; McDonald and Carlson, Sentencing.
89. A post-hoc analysis of sentence length using the present data found significant racial differences only with regard to the offense of distribution of amphetamines. Here the mean sentence given to blacks was significantly longer (F=13.67, df= 1,2130; p< .0001) (by about 11 months) than that awarded to whites. It should be noted that this category includes cocaine as well as amphetamines. This difference is somewhat less than that reported for the federal courts after the implementation of the 1987 sentencing guidelines. The facts that the UCMJ does not distinguish between crack and powder cocaine and, that, unlike in the civilian sector, racial differences in income should not be a factor in drug preferences, suggest that the civilian distinctions have permeated the evaluations made by military jurors and judges. See Connelly, Equitability; McDonald and Carlson, Sentencing.
90. Hagan and Zatz, Social Organizations.
91. Knouse, Differences; Edward and Tewell, Navy Pattern.
92. Knouse, Differences; Edward and Tewell, Navy Pattern.
93. Zatz found that, in contrast, pleading guilty decreased processing time only when the penalty does not involve incarceration. Her data, however, came from the California corrections system, which is a large and diverse operation. See M. Zatz, "Pleas, Priors, and Prison: Racial/ethnic Differences in Sentencing," Social Science Research 14 (1985): 169-193.
94. G. L. Davis and H. J. Cross, "Sexual Stereotyping of Black Males in Inter-Racial Sex," Archives of Sexual Behavior 8 (1979): 269-279; R. Staples, "The Myth of Black Sexual Superiority," The Black Scholar 9 (1978): 16-23.
95. G. L. Davis and H. J. Cross, "Sexual Stereotyping of Black Males in Inter-Racial Sex," Archives of Sexual Behavior 8 (1979): 269-279; R. Staples, "The Myth of Black Sexual Superiority," The Black Scholar 9 (1978): 16-23.
96. D. Landis and R. Tallarigo, "Effect of Race, Gender, Rank, and Mission Type on Perceived Fairness of Discipline in the Military Services" (Paper presented at the World-Wide Equal Opportunity Conference, Coco Beach, FL, 1994, December).
97. D. Landis, M. R. Dansby, and R. Tallarigo, "The Use of Equal Opportunity Climate in Intercultural Training." In Handbook of Intercultural Training, 2nd ed., D. Landis and R. Bhagat, (eds.), (Thousand Oaks, CA: Sage, 1996).
98. See chapter 5, "Race, Class, and the Perception of Social Justice," in J. Hagan, Structural Criminology (New Brunswick, NJ: Rutgers University Press, 1989). Hagan also reported that the difference between black and white respondents decreased as an inverse function of social class.
99. For an examination of racial disparities in the administration of Articles 15, see D. Landis and R. Tallarigo, "Race and the Administration of Non-Judicial Punishments in the U.S. Army" DEOMI Research Pamphlet 96-4 (Cocoa Beach, FL: Defense Equal Opportunity Management Institute, 1996, May).
100. All 1996 figures provided by the Department of Defense Defense Manpower Data Center.
101. The NAACP report quotes a black noncommissioned officer as noting: "I don't want anything to do with a military lawyer. A JAG officer is in the military. . . . I have been in the service 14 years, and I have never seen a white JAG lawyer do anything that great for a black man." NAACP, Search 13.
102. S. Lamb, Court-Martial Panel.
103. See M. R. Dansby and D. Landis, "Intercultural Training in the Military," In Handbook of Intercultural Training. 2nd Edition, D. Landis and R. Bhagat, (eds.), (Thousand Oaks, CA: Sage, 1996), DEOMI, Representation of Minorities and Women in the Armed Services 1976-1995 (Defense Equal Opportunity Management Institute, 1996 January); E. L. Young, Minorities and the Military: A Cross-National Study in World Perspective (Westport, CT: Greenwood, 1982); C. C. Moskos, "From Citizens' Army to Social Laboratory," The Wilson Quarterly (1993, Winter).
104. See M. R. Dansby and D. Landis, "Intercultural Training in the Military," In Handbook of Intercultural Training. 2nd Edition, D. Landis and R. Bhagat, (eds.), (Thousand Oaks, CA: Sage, 1996), DEOMI, Representation of Minorities and Women in the Armed Services 1976-1995 (Defense Equal Opportunity Management Institute, 1996 January); E. L. Young, Minorities and the Military: A Cross-National Study in World Perspective (Westport, CT: Greenwood, 1982); C. C. Moskos, "From Citizens' Army to Social Laboratory," The Wilson Quarterly (1993, Winter).
105. See M. R. Dansby and D. Landis, "Intercultural Training in the Military," In Handbook of Intercultural Training. 2nd Edition, D. Landis and R. Bhagat, (eds.), (Thousand Oaks, CA: Sage, 1996), DEOMI, Representation of Minorities and Women in the Armed Services 1976-1995 (Defense Equal Opportunity Management Institute, 1996 January); E. L. Young, Minorities and the Military: A Cross-National Study in World Perspective (Westport, CT: Greenwood, 1982); C. C. Moskos, "From Citizens' Army to Social Laboratory," The Wilson Quarterly (1993, Winter).
106. See M. R. Dansby and D. Landis, "Intercultural Training in the Military," In Handbook of Intercultural Training. 2nd Edition, D. Landis and R. Bhagat, (eds.), (Thousand Oaks, CA: Sage, 1996), DEOMI, Representation of Minorities and Women in the Armed Services 1976-1995 (Defense Equal Opportunity Management Institute, 1996 January); E. L. Young, Minorities and the Military: A Cross-National Study in World Perspective (Westport, CT: Greenwood, 1982); C. C. Moskos, "From Citizens' Army to Social Laboratory," The Wilson Quarterly (1993, Winter).
107. Lamb, Court-Martial Panel, 157.