Although differences between white and Asian defendants were generally much smaller, in the aggregate, Asian defendants tended to have the most favorable plea outcomes.Plea bargaining often results in jail time for blacks and Latinos, while Asians andwhites are offered community serviceKutateladze ‘14[Besiki Luka Kutateladze, Nancy R. Andiloro, January 31, 2014, Prosecution and Racial Justice in New York County – Technical Report, U.S. Department of Justice for the National Institute of Justice, ]Similar to the felony findings, for misdemeanors, greater percentages of blacks and Latinos have custodial sentence offers(see Figure 24). When analyzing percentages within race for misdemeanors, a greater percentage of black defendants received offers of jail or prison (47%) compared to Latinos (32%) and whites (22%),and a substantially smaller percentage of Asians received custodial offers (8%). Conversely, a markedly greater percentage of Asians received sentence offers with community service (39%), when compared to whites (23%), Latinos (22%), or blacks (20%).
White defendants are more likely to have their cases disposed of through plea offersKutateladze ‘14[Besiki Luka Kutateladze, Nancy R. Andiloro, January 31, 2014, Prosecution and Racial Justice in New York County – Technical Report, U.S. Department of Justice for the National Institute of Justice, ]For felonies, and among defendants with no prior arrest, a marginally greater percentage of whites had their cases disposed through prosecutorial plea offers(55% for whites, 53% for Asians, 52% for blacks, and 51% for Latinos). A greater difference was observed among defendants with one prior arrest (for any offense), with 67% of cases involving white defendants disposed by plea (as compared to 53% for Asians, 52% for blacks, and 51% for Latinos). Among defendants with two or more arrests,the differences in rates of final disposition by plea were slightly greater, with whites again having the highest percentage (72% for whites, 67% for Asians,66% for blacks, and 64% for Latinos). Overall, regardless of their prior record, whites were more likely to have their case disposed of as a guilty plea. However, we did not find noticeable differences by race in terms of pleas at arraignment versus post arraignment. Nearly all felony defendants, regardless of their race, enter guilty pleas after arraignment.The ‘prisoners dilemma’ makes it cheaper to criminally prosecute African American defendants than give them a fair trialSavitsky ’09[Douglas Savitsky, Ph.D., J.D. “The Problem with Plea Bargaining: Differential Subjective Decision Making as an Engine of Racial Disparity in the United States Prison System.” Cornell University 2009. ,%20Douglas.pdf;jsessionid=82A74E5438BA9EA1E2A7C01F81F3650E?sequence=1]The hypothesis of this project is that plea bargaining contributes to the racial inequality found in the American prison population by disproportionately impacting African American defendants.