Downward departures in US federal courts: do family ties, sex, and race/ethnicity matter?

Logue, Melissa A.

doi:10.1080/01419870.2010.487568

Cited by 11 publications

(4 citation statements)

References 20 publications

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“…Future research should undertake interviews with federal judges to gain a deeper understanding of how immigration status and national origin factor into their sentencing decisions, as evidence suggests that these factors have an effect on sentencing outcomes (Johnson, 2006; Logue, 2011).…”

Section: Resultsmentioning

confidence: 99%

The Interactive Effects of National Origin and Immigration Status on Latino Drug Traffickers in U.S. Federal Courts

Logue

2016

Race and Justice

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The present study was an intragroup examination of noncitizen Latino drug traffickers convicted in the federal courts from 2006 to 2014. Drawing upon focal concerns theory and Sayad's state-centered perspective on the role of governments in framing the crime-immigration debate, this study assessed whether offenders' national origin conditions the effects of immigration status on the odds of receiving a downward departure (lenient sentencing) and the magnitude of the sentence discount imposed. Particular attention was paid to whether any effects worked to the detriment of Mexicans relative to non-Mexicans. The findings revealed that the effect of immigration status was contingent on offenders' national origin for the departure decision, but not the sentence discount. While being undocumented served to decrease the odds of a downward departure regardless of national origin, the effects were greater for Mexicans than for non-Mexicans. These findings indicate that contrary to the goals of the U.S. sentencing guidelines to reduce unwarranted disparities surrounding national origin, the current federal sentencing structure allows them to thrive.The 21st century represents a time of demographic shifts in the U.S. population. With this transition, Latinos rather than Blacks represent the country's largest racial/ethnic

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Section: Resultsmentioning

confidence: 99%

The Interactive Effects of National Origin and Immigration Status on Latino Drug Traffickers in U.S. Federal Courts

Logue

2016

Race and Justice

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“…Regarding prior research on receipt of downward departures, females were more likely than males to receive a downward departure (Hartley et al, 2007; Holmes et al, 2020; Holmes & D’Amato, 2020; Spohn & Belenko, 2013; Spohn & Brennan, 2011; Spohn & Fornango, 2009; Stacey & Spohn, 2006). The effects of race and ethnicity on downward departures for females has also been mixed, with some studies finding no racial or ethnic differences (e.g., Spohn & Brennan, 2011) while others find that White females receive more preferential treatment than females of color (Holmes & D’Amato, 2020; Holmes et al, 2020; Logue, 2011). Differential results among females may be explained by judges’ perceptions of White females having less autonomy in criminal behavior than Black and Hispanic females.…”

Section: Females Chivalry and Sentencing Researchmentioning

confidence: 99%

The Effects of the Fair Sentencing Act 2010 on Sentencing Outcomes for Females Convicted of Cocaine Offenses

Wells

2022

Feminist Criminology

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Initiatives have been implemented to reduce the federal sentencing disparity between crack and powder cocaine offenses. The current study investigated the impact of the Fair Sentencing Act 2010 (FSA) on sentencing outcomes for females convicted of federal cocaine offenses. Specifically, the study examined the influence of race, ethnicity, and drug-related factors on presentence detention, downward departures, and sentence length before and after FSA. Using federal sentencing data, results revealed a substantial decrease in the number of crack cocaine offenses and average sentence length after FSA. Additionally, results revealed that there were racial and ethnic differences in sentencing outcomes.

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“…Most of the extant research examining sentencing in the federal courts is based on pre-Booker cases (Albonetti, 1991(Albonetti, , 1997Cano & Spohn, 2012;Doerner & Demuth, 2014;Johnson, Ulmer, & Kramer, 2008;Logue, 2011;Mustard, 2001;Spohn & Sample, 2013;Stacey & Spohn, 2006;Ulmer, Eisenstein, & Johnson, 2010), although several more recent studies analyze post-Booker sentencing decisions (Ulmer, Light, & Kramer, 2011a, 2011bWolfe, Pyrooz, & Spohn, 2011). Various sentencing outcomes have been examined, including the incarceration decision, sentence length, and departure from the guidelines.…”

Section: Prior Sentencing Research and Guidelines Departuresmentioning

confidence: 99%

“…A number of other studies report similar findings regarding the use of substantial assistance departures (Albonetti, 1997;Everett & Wojtkiewicz, 2002;Hartley, Maddan, & Spohn, 2007;Stacey & Spohn, 2006). In addition to race, ethnicity, and gender, studies also find that citizenship status, education level, family ties, and age impact sentencing outcomes at the federal level (Demuth, 2002;Everett & Wojtkiewicz, 2002;Hartley et al, 2007;Johnson et al, 2008;Logue, 2011;Spohn & Fornango, 2009;Wolfe et al, 2011). Generally, non-citizens, younger offenders, offenders with dependents, and those with less education tend to receive more severe sentences compared with their counterparts.…”

Section: Prior Sentencing Research and Guidelines Departuresmentioning

confidence: 99%

Risk, Proportionality, and Sentencing

Crow

Lannes

2014

Criminal Justice Policy Review

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In response to increased fear and attention to the sexual victimization of children, coupled with the proliferation of child pornography on the Internet, Congress has increased the severity of federal sentencing guidelines for child pornography offenses. Recently, federal judges have publicly questioned the appropriateness of these guidelines, arguing that the guidelines do not properly reflect proportionality with regard to the level of harm and risk posed by child pornography offenders. Child pornography cases have the highest rates of guideline departure in the federal court system. Within the legal versus democratic subcultural framework, this study analyzes the factors influencing sentencing decisions in federal child pornography and sexual abuse cases. Our primary focus is on the impact of differences between guideline-generated sentencing recommendations compared with the sentences outlined in the criminal statutes. We find that although a greater divergence between the guidelines and statutes increases the likelihood and magnitude of downward departures generally, this effect is more pronounced in child pornography cases. This finding suggests that judges may face greater difficulty in synthesizing conflicting cues from the legal and democratic subcultures in these types of cases.

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Downward departures in US federal courts: do family ties, sex, and race/ethnicity matter?

Cited by 11 publications

References 20 publications

The Interactive Effects of National Origin and Immigration Status on Latino Drug Traffickers in U.S. Federal Courts

The Interactive Effects of National Origin and Immigration Status on Latino Drug Traffickers in U.S. Federal Courts

The Effects of the Fair Sentencing Act 2010 on Sentencing Outcomes for Females Convicted of Cocaine Offenses

Risk, Proportionality, and Sentencing

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