The influence of neighbourhood disadvantage on charge dismissal: The case of drunk driving

• Published in: Current issues in criminal justice Vol. 36; no. 3; pp. 265 - 282
• Main Authors: Weatherburn, Don, Beranger, Boris
• Format: Journal Article
• Language: English
• Published: Sydney, NSW University of Sydney, Institute of Criminology 02.07.2024
• Subjects: Drunk driving; Poor; Sentences (Criminal procedure); Social conditions; AUSTRALIA; New South Wales
• ISSN: 1034-5329; 2206-9542
• DOI: 10.1080/10345329.2023.2293329

We use a sample of 78,160 cases involving adults who pleaded guilty to drunk driving in a New South Wales (NSW) court between 2014 and 2019 to assess the contribution of neighbourhood disadvantage to charge dismissal. Data are analysed using a multilevel random effects model with controls for magistrate identity and legal factors that must be considered by the magistrate when deciding whether to dismiss a PCA charge against an offender. Findings indicate that magistrates with a higher dismissal rate are more lenient towards individuals from advantaged or highly advantaged socio-economic neighbourhoods. Magistrates with a lower dismissal rate, are less lenient toward those from advantaged or highly advantaged socioeconomic neighbourhoods. Neighbourhood disadvantage has a statistically significant effect on judicial willingness to dismiss a charge of drink driving and record no conviction. The effect is small but affects many people.