CrimLaw

"Using a Tobit regression model and controlling for such factors as the sentence recommended by the Pennsylvania sentencing guidelines showed that black judges handed down longer incarceration sentences than white judges. Further, although white judges did not tend to sentence black offenders any more severely than they did white offenders, black judges did tend to sentence black offenders to longer prison terms than white judges gave to white offenders." (LvHB)

Must admit I haven't read the whole article yet - just spotted it this morning and have not the time for what looks like an indepth read.

A quick, off the cuff comment - The statement above feels true. However, this is not a phenomenon limited to black judges. Of course, I am only dealing from my perceptions. Nevertheless, one of the most dangerous factors for a client is when a judge feels the acts of that client reflect poorly on that judge's "group" (however that group be defined) and therefore upon the judge. Taking white judges as an example, generally a white judge doesn't feel the kind of connection between himself and white defendants which seems to be assumed between black judges and black defendants. I'd postulate that this is because of all sorts of social and historical factors beyond the scope of this comment (and beyond my expertise - although Mel Brooks flashbacks keep popping into my head "We'll take the _______ and the _______ but we don't want the Irish!"). The one set of cases where I see "white" become a group identity between the judge and client are the cross burning cases.

Now, those of you reading this who are Yankees or from parts unknown probably don't get this but I'd bet most of you who practice in the South do. I watched one of the most level-headed, even keeled jurists I know almost come over his bench in rage at some young white punks who burnt a cross in a black family's yard. I don't care what you tell that judge, he is not going to put up with this kind of activity in this day and age. I've seen a number of these cases¹ (thankfully never had one) and come to the conclusion that you would probably be better off trying it in front of a black judge who might tread a little bit more lightly (while this would be rude to the black judge it is, unfortunately at times, my job to be rude when necessary - not that I get to pick the judge). White judges do not feel constrained at all in these cases. They will lecture your client about how ignorant he is and then give him a nice hefty sentence to drive the point home. It's personal - Client has made him and his look like an @ss and the judge is mad because he knows he's included in that group.



¹ Not any organized group thing. Usually it's been punk white kids who are upset that the black kid living there has treated someone's sister poorly or not paid for the marijuana he purchased last week or belongs in a rival set or (fill in the blank). They get drunk and somebody comes up with this "wonderful" idea of how to scare the kid they're mad at. Not being able to think five minutes into the future they don't realize how this might piss everybody in the world off and cause the kid's parents to call the police.