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Sentencing Native Americans in US Federal Courts: An Examination of Disparity

NCJ Number
243017
Journal
Justice Quarterly Volume: 30 Issue: 2 Dated: April 2013 Pages: 310-339
Author(s)
Travis W. Franklin
Date Published
April 2013
Length
30 pages
Annotation
This study examined the punishment of Native Americans in comparison to White, African-American, and Hispanic offenders.
Abstract
Existing sentencing literature largely focuses on the study of White, African-American, and to a lesser extent, Hispanic offenders. Unfortunately, very little is known about the sentencing of Native American offenders, especially in the Federal courts. To address this shortcoming, the current study employs United States Sentencing Commission data for the fiscal years 2006-2008 to examine the comparative punishment of Native Americans. Consistent with the focal concerns perspective and its reliance on perceptions of race-based threat, findings demonstrate that Native Americans are often sentenced more harshly than White, African-American, and Hispanic offenders. Moreover, race-gender-age interactions indicate that during the incarceration decision, young Native American males receive the most punitive sentences, surpassing the punishment costs associated with being a young African-American or Hispanic male. These findings highlight the importance of directing increased attention toward the sentencing of this understudied offender population. Abstract published by arrangement with Taylor and Francis.