Evidence of cumulative disadvantage and the liberation hypothesis in court cases involving resisting arrest

Abstract

Guided by the focal concerns perspective, liberation hypothesis, and cumulative disadvantage framework, this study assesses the extent to which Black and Hispanic men receive punitive treatment throughout prosecution and sentencing for charges of resisting arrest with violence (felony) or without violence (misdemeanor). Using a sample of more than 37,000 cases referred for resisting arrest to a large urban Florida prosecutor's office, we examine racial and gender disparities in filing, charging, conviction, and sentencing. Findings demonstrate a cumulative disadvantage for Black men in case processing throughout prosecution, with small disparities at each decision point compounding to create a large disadvantage by the point of conviction for resisting arrest. A larger disparity for Hispanic men was observed at sentencing. Consistent with the liberation hypothesis, the observed cumulative disadvantage was confined to cases involving resisting arrest without violence. Findings highlight the need to consider low-level cases and early discretionary decision points as key contributors to the inequality experienced by men of color in the legal system.