Assessing the Effect of Victim Characteristics on Case Outcomes: Race, Gender, Past Criminal Conduct, and Victim Type

Prior research on sentencing and case processing has primarily focused on post-conviction outcomes and the relationship between sentencing outcomes and defendant- related characteristics such as race and gender. The research on pre-conviction outcomes not only is much smaller than the sentencing literature, but also largely neglects victim characteristics, especially in samples that include non-violent offenses. Drawing on the blameworthiness attribution theoretical perspective, the current study examines how certain victim characteristics, including race, gender, and criminal history, may influence certain stages of the judicial process. Additionally, the current study tests whether cases with person victims as opposed to business as victims are handled differently. Four court decisions were examined in this study: the filing decision, the decision to transfer the case to a lower court, the decision to find a defendant guilty, and the decision to sentence a defendant to prison. While legal characteristics were the most prominent predictors in these analyses, the study found that when victims were Black or Hispanic, cases were less likely to be filed and end in a guilty adjudication.