CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, September 5, 2019

Factor & Gur-Arye on Sentencing Disparities in Omission Cases

Roni Factor and Miriam Gur-Arye (University of Haifa and Hebrew University of Jerusalem - Faculty of Law) have posted Social Solidarity and Sentencing Disparities Between Ethnic Groups: The Case of Hit-and-Run Traffic Offenses (Journal of Empirical Legal Studies, Forthcoming) on SSRN. Here is the abstract:
Studies of sentencing disparities show that in sentencing for cross-race or cross-ethnic violent offenses, minority defendants are likely to be sentenced to harsher punishments when the victim belongs to the majority group. Our study examines whether the same pattern of sentencing discrepancies is to be found with regard to offenses of omission, the prohibition of which imposes a legal duty to come to the aid of a victim; offenses which are based on social solidarity. The dataset includes all cases in which defendants were convicted of hit-and-run traffic offenses in Israel from 2001 to 2013. The surprising results show that hit-and-run drivers who belong to either the majority or minority ethnic group are likely to be sentenced to more severe punishments when the victim belongs to the same ethnic group than when the victim belongs to a different ethnic group.

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