ABSTRACT

Discrimination may appear in backstage events, with "suppressed facts making an appearance." Labeling theorists entertain a similar expectation concerning the discriminatory application of the criminal sanction to racial minorities. The relationship between "extra-legal" attributes and criminal justice system processing has occupied the attention of legal scholars and sociologists for over twenty years. In terms of negotiation and bargaining over the application of criminal labels, racial minorities, because of a lack of resources are more likely to find themselves in a disadvantageous position, and so receive more severe treatment. If there is racial bias in the criminal justice system, then it is more likely to appear in less visible ceremonies. The chapter explores criminal justice decision making in a backstage region. It draws on how one American minority group, the Native American, fares in the decision to grant parole.