Disparities in Sentencing

Abstract

Sentencing guidelines in the United States and elsewhere have been established for the purposes of eliminating disparity and increasing fairness in criminal sentencing; however, criminal justice actors retain some discretion in the determination of punishment. At the US federal level, the Sentencing Reform Act of 1984 set specific guidelines for sentencing. As a result, only legally relevant variables should play a role in the determination of the enactment of sentences. In 2005, with the United States vs. Booker and subsequent judicial decisions, federal judicial discretion was increased when guidelines were deemed unconstitutional, as a result of which guidelines became advisory only. Research since the enactment of guidelines posits a variety of extralegal variables, including race and sex, as having influence throughout the sentencing process, from decision to prosecute through sentencing. Even when legal factors such as crime type, criminal history, and guideline recommendations are controlled, disparities in sentencing outcomes exist.