Influence of Race and Ethnicity on Charge Severity in Chicago Homicide Cases

Abstract

This research examines prosecutorial decision making at the initial charging stage in Chicago homicide cases during the late 1990s. The objectives of this investigation are to determine whether African Americans were prosecuted more severely than similarly situated White and Latino defendants in Chicago homicide cases prior to the abolition of the death penalty in Illinois and to identify the factors that affected how severely prosecutors prosecuted defendants during that time. The study participants are adults who were identified by the Chicago Police Department as suspects in homicide incidents during the years of 1994 and 1995 and whose cases were selected for prosecution. Other relevant factors that may have influenced charging decisions include the defendant–victim relationship, the homicide circumstances, and the number of victims in a particular homicide incident. General linear regression modeling is used to determine the factors that affected how severely prosecutors prosecuted Chicago homicide defendants. Charge severity is measured by the number of charges of Class M felony murder that were filed against a defendant. The results indicate that prior to the moratorium on the death penalty in Chicago, all defendants studied (regardless of the race/ethnicity of their victims) were charged with fewer counts of murder (prosecuted less severely) than African American defendants who were charged with killing White victims. This direct and significant relationship persists even after adding defendant–victim relationship and homicide circumstance interaction terms to the analysis.