Applying Black’s Behavior of Law Theory to Prosecutorial Charge Reduction Decisions

• In Event: Impacts of Race and Ethnicity on the Administration of Justice

Abstract

The purpose of this study is to test various propositions of Black’s (1976) Behavior of Law theory with regards to prosecutorial charge reduction decisions for felony offenders charged with selling drugs. The State Court Processing Statistics dataset is used to determine whether the independent effects of an offender’s vertical stratification (type of attorney), horizontal stratification (race/ethnicity), degree of respectability (prior criminal record), and degree of conventionality (age) accurately predict the quantity of law for the prosecutor’s decision to reduce the severity of the charge while controlling for other potentially relevant factors. Furthermore, this study also examines the interaction effects of a defendant’s type of attorney (vertical stratification) and race/ethnicity (horizontal stratification) on the likelihood of receiving a charge reduction. Overall, the results provide partial support for Black’s (1976) theory. Policy implications and directions for future research are discussed.

Author

• Douglas Mellom, Arizona State University