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14 Law & Soc'y Rev. 931 (1979-1980)
Race, Institutional Rule Breaking, and Disciplinary Response: A Study of Discretionary Decision Making in Prison

handle is hein.journals/lwsocrw14 and id is 933 raw text is: RACE, INSTITUTIONAL RULE BREAKING, AND DISCIPLINARY RESPONSE: A STUDY OF DISCRETIONARY DECISION MAKING IN PRISON ERIC D. POOLE ROBERT M. REGOLI This study attempted to construct and test a discretionary justice model of disciplinary response to inmate rule breaking in a medium- security prison for adult male felons (N = 182). We found, first, that while black and white inmates were equally likely to engage in rule- breaking activity, blacks were more likely to be officially reported for rule infractions. Second, a prior record of official disciplinary action, itself shown to be a product of discriminatory response, influenced subsequent sanctioning decisions, thus amplifying the racial bias. Third, analyses of separate models for black and white inmates revealed the importance of prior record to be differentially imputed on the basis of race. The study concludes with a discussion of the nature and impact of stereotypic expectations and labeling processes in the reaction of guards to inmate behavior. An extensive literature focuses on the relationship between an individual's physical (e.g., age) and social (e.g., demeanor) characteristics and the treatment received when he/she comes in contact with the criminal justice system. Generally, research has shown an operating bias on the part of criminal justice officials toward those with certain social and physical characteristics. Further, these people are seen as constituting a categorical risk, and so are treated differentially within the criminal justice system. As Hills (1971: 20) has noted, the biases of a system of stratification are built into the very structure and procedures of the whole law-enforcement, judicial, and correctional system. Although conflict theorists such as Hills believe that differential treatment exists at all levels of the legal system, the bulk of research on discretionary decision making has been directed toward the police and courts (e.g., LaFave, 1965; Skolnick, 1966; Bernstein et al., 1977; Lizotte, 1978). Yet Green (1964) and Petersen and Friday (1975) suggest that differential processing may be more common in those segments of the LAW & SOCIETY REVIEW, Volume 14, Number 4 (Summer, 1980)

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