Assessing the Differential Effects of Race and Ethnicity on Sentence Outcomes Under Different Sentencing Systems

Abstract

Although many states have adopted sentencing guidelines, questions remain about whether guidelines achieve one of their primary goals—reducing disparities that arise from such extralegal factors as race and ethnicity. To date, research has not taken a cross-state approach to testing for racial or ethnic disparity in sentences imposed in guideline and nonguideline states or to examining whether less disparity exists in states with voluntary or presumptive guidelines. To address this research gap and inform sentencing scholarship, data from the State Court Processing Statistics program are used to determine whether offenders’ race or ethnicity affects incarceration and sentence length decisions in jurisdictions with different types of sentencing systems. Implications of the findings for theory, research, and policy are discussed.

The Effect of Race/Ethnicity on Sentencing: Examining Sentence Type, Jail Length, and Prison Length

“…Again, if this research had examined total incarceration time, as opposed to separating jail and prison, we would not have been able to conclude the potential bias against Black and White offenders (compared to Hispanic offenders) in terms of jail time and the apparent similarity in treatment with prison time. Therefore, although the jail length findings are not consistent with the limited prior research that separated the sentences, the prison length findings are consistent with those same studies (Freiburger & Hilinski, 2013;Wang et al, 2013).…”

“…Although prior research found racial differences in the total incarceration variable (combined jail and prison; Feldmeyer & Ulmer, 2011;Spohn & Holleran, 2000;Steffensmeier et al, 1998), the research suggests that those findings may not hold when each sanction is examined separately (e.g., Freiburger & Hilinski, 2013;Harrington, 2008;Wang et al, 2013). We, however, found some racial influence when examining jail incarceration length, resulting in a bias against both Black and White offenders compared to Hispanic offenders.…”

“…Using State Court Processing Statistics data, Wang, Mears, Spohn, and Dario (2013) found that race did not impact the length of the sentence to either jail or prison regardless of whether a state had nonguideline, voluntary guideline, or presumptive sentencing guidelines. Freiburger and Hilinski (2013) similarly found no race differences in the length of incarceration term in either jail or prison for felony defendants in Michigan.…”

Judging the Judiciary by the Numbers: Empirical Research on Judges

“…If race is playing a role in sentencing, one might expect that allowing for more discretion in departures would increase disparities. The data here are mixed, with one study of state courts showing greater racial disparities in states with less restrictive sentencing systems (Wang et al 2013). Studies of the federal system, however, show no such increase after the guidelines became less restrictive in 2005 (Fischman & Schanzenbach 2012).…”

The Role of Collective Efficacy in Defendants’ Acceptance of Plea Bargaining: A Perspective on Housing Density

“…Even after controlling for demographic and legal characteristics, the observed racial disparities in criminal justice system and plea bargaining decision-making process are statistically significant [1,5]. Research [6,13,14] consistently documents that Blacks and Hispanics tend to be related to crime fear and are more likely to perceived as particularly threatening in the contemporary American community [13]. Specifically, argue that race is the most influential factor in the sentencing process and the court's offer of plea bargaining [15].…”