Unpacking gender and racial/ethnic biases in the federal sentencing of drug offenders: A causal mediation approach

Ward, Jeffrey T.; Hartley, Richard D.; Tillyer, Rob

doi:10.1016/j.jcrimjus.2016.05.008

Cited by 27 publications

(20 citation statements)

References 55 publications

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“…D. Lee & Rich, 2012), may suggest more lenient sentencing for certain offenses. Furthermore, given the long-standing centrality of race/ethnicity in sentencing disparity of federal drug offenders (Mitchell, 2005; Tonry, 1994; Ward et al, 2016), it also remains an open question whether sentencing of drug offenders across different drug types and over time is conditioned on race and/or ethnicity.…”

Section: Punishment For Drug Offenses During Epidemics and Over Timementioning

confidence: 99%

Trends in Sentencing of Federal Drug Offenders: Findings From U.S. District Courts 2002–2017

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Lee

2020

Journal of Drug Issues

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This study uses 16 years (2002–2017) of federal criminal drug sentences from the U.S. Sentencing Commission (USSC) to examine trends in two criminal sentencing outcomes: whether a defendant received a prison sentence and the length of a prison sentence. Logistic and ordinary least squares regression analyses were used to assess criminal sentencing outcomes. Moderation analyses are conducted to assess variation in sentencing for specific drug offenses over time. Results demonstrate that sentencing for federal drug crimes has become less severe over time. However, there is substantial heterogeneity in sentencing across different drug types, with pharmaceutical opioid cases receiving the least leniency over time regarding the incarceration decision and methamphetamine cases experiencing the lowest reduction in the length of prison sentences from 2002 to 2017. Finally, our analysis stratified by race/ethnicity suggested that there is heterogeneity in sentencing outcomes for federal drug offenders, conditional on racial and ethnic background.

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Section: Punishment For Drug Offenses During Epidemics and Over Timementioning

confidence: 99%

Trends in Sentencing of Federal Drug Offenders: Findings From U.S. District Courts 2002–2017

Testa

Lee

2020

Journal of Drug Issues

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“…Finally, it should be noted that sentencing processes comprise the interrelated decision-making practices of both prosecutors and judges (Ward et al, 2016). Prosecutors are an especially important influence in federal courts because under the federal sentencing guidelines, most convicted offenders receive a sentence of incarceration.…”

Section: Literature Review: Financial Dependents and Federal Criminal Sentencingmentioning

confidence: 99%

Financial Dependents and Sentencing Outcomes in Federal District Courts: Variation by Race, Ethnicity, and Sex

Testa

Hartley

2020

Criminal Justice Policy Review

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A voluminous literature has detailed disparities in punishment related to extra-legal characteristics such as race, ethnicity, and sex. However, less research has investigated the specific contexts and conditions under which disparities in punishment emerge. Specifically, limited research to date has examined whether family characteristics influence sentencing both directly, and in interaction with race, ethnicity, and sex. The current study investigates this question using data on federal criminal sentences from the United States Sentencing Commission for fiscal years 2015–2017. Findings demonstrate that providing support for dependents generally has a positive association with the likelihood of being incarcerated and overall sentence length. Moreover, the positive association between support for dependents and punishment severity is concentrated among Black male and Hispanic male defendants. Among minority females and White defendants, having dependents has either a negative or null association with sentencing outcomes. Findings are discussed in the context of contemporary theoretical perspectives of punishment.

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“…A substantial amount of research has addressed race‐based disparities during case processing and sentencing in federal courts (Brennan & Spohn, 2009; Everett & Wojtkiewicz, 2002; Steffensmeier & Demuth, 2000; Ward et al., 2016). For example, Rehavi and Starr (2014) found that in federal courts, male Black defendants, compared to male White defendants, received incarceration sentences nearly 10% longer.…”

Section: Introductionmentioning

confidence: 99%

Sentencing scorecards: Reducing racial disparities in prison sentences at their source

Ridgeway

Moyer

Bushway

2020

Criminology & Public Policy

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Scorecards have become an increasingly common tool for public policy decision making about important issues in education, finance, and health care. Few scorecards have been applied in criminal justice and none has been developed to highlight racial disparities in incarceration. We constructed county-level scorecards for racial disparities in incarceration rates for the New York State Permanent Commission on Sentencing. Using detailed data on felony cases in New York State between 2000 and 2014, including the specific penal law criminal offense, features of the underlying charges, and criminal history, we assembled a set of White defendants within each county that collectively resembled Black and Hispanic defendants in that county. Statewide, Black defendants were more likely to receive prison sentences than similar White defendants (43% vs. 40%). Some individual counties had much greater racial disparities with relative risks of prison as high as 1.36. We found similar results for Hispanic defendants. Policy Implications: Early institutional support for our scorecard receded once racial disparities were flagged in specific, named counties. The scorecard was never deployed by the Commission. Commission members and the research team met with individual counties but the Commission was disbanded during this process. New York State still lacks a formal sentencing commission. We recommend future scorecard efforts

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Unpacking gender and racial/ethnic biases in the federal sentencing of drug offenders: A causal mediation approach

Cited by 27 publications

References 55 publications

Trends in Sentencing of Federal Drug Offenders: Findings From U.S. District Courts 2002–2017

Trends in Sentencing of Federal Drug Offenders: Findings From U.S. District Courts 2002–2017

Financial Dependents and Sentencing Outcomes in Federal District Courts: Variation by Race, Ethnicity, and Sex

Sentencing scorecards: Reducing racial disparities in prison sentences at their source

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