NCJ Number
196377
Journal
Journal of Quantitative Criminology Volume: 18 Issue: 2 Dated: June 2002 Pages: 189-211
Date Published
June 2002
Length
13 pages
Annotation
This study discusses the degree to which disparity in sentencing on the basis of race and ethnicity continues to occur in Federal sentencing after guidelines were enacted ostensibly to reduce unwarranted disparities in sentencing.
Abstract
Sentencing reform was mandated by Congress in the 1970's, when new Federal guidelines were enacted to achieve just determinate sentencing, ensuring that variations in sentencing were not attributable to extra-legal factors such as race/ethnicity, gender, or social class. This research project investigated the impact of the reform effort on social differential in sentencing severity, focusing particularly on race and ethnicity, and evaluated the effectiveness of the guidelines in reducing unwarranted disparities in Federal sentencing. Data were obtained from the Monitoring Database created by the United States Sentencing Commission, and covered cases sentenced over a 2-year period from 1991 to 1993, under the Sentencing Reform Act. Tables include ordered logistic regression coefficients for effects of race/ethnicity and offense-related variables in sentencing range quartile; and contributions of offense-related variables to race/ethnicity effects on sentencing range quartile with coefficients for race/ethnicity, when offense-related variable is added to model, and change in coefficients for race/ethnicity, when offense-related variable is added to model. The exercise of judicial discretion was a focus of this research. It was found that African-Americans, Hispanics, and Native Americans received relatively harsher sentences than whites, and that these differentials were only partly explained by offense-related characteristics. The findings support attribution and conflict theories, both of which argue that, all things being equal, minorities tend to receive harsher punishments compared to white offenders supporting, in part, current debates regarding the malign neglect of criminal justice policies which target crimes committed by Blacks for extremely harsh punishment. Other important findings include the fact that Blacks and Hispanics tend to be less likely to plead guilty or accept responsibility, thus contributing to their longer sentences. Further study on the influence of the offender within the court context is recommended, as well as more field research, and ethnological data is needed to elaborate on the results obtained from the various statistical models used in this project. References