Are Asians model minorities? Examining racial and ethnic disparity in New York County judicial outcomes

Research into prosecutorial and judicial exercise of discretion and sentencing disparity has been taking place for over three decades, but a great deal remains unknown. Most research focuses on the disadvantages of being Black or Latino in the adjudication process, leaving other fast-growing minority groups in the U.S. like Asian unanalyzed. In addition, little is known about how decisions made before indictment affect the outcomes at the final phases. With unique and robust data from the New York County District Attorney’s Office that tracks 14,601 felony offenders indicted by the District Attorneys of the New York County between 2013–2017, this research examines whether Asian defendants are treated as ‘model minority,’ being punished more leniently than similarly situated Whites at the final decision points of case processing. Using a multiple logistic regression model with Heckman’s correction of selection bias, this study finds Asian defendants experience increased likelihood of favorable plea bargains and decreased chance of imprisonment compared to White counterparts. Earlier decisions such as bail request and pretrial detention also have significant impacts on the subsequent sentencing outcomes. Heckman’s correction for selection bias substantially reduced the magnitude of the estimated Asian effects although they remained statistically significant. Theoretical and practical implications of the findings are discussed.