Justice Quarterly · 2009 · 320 citations · 58 references
Social SciencesCriminal LawCriminologyCrimeDiscriminationPenologyCriminal JusticeSentencing EvaluationSentencing ProcedureEthnicity In SentencingGender Disparities In SentencingGender Disparity In SentencingJudicial Decision-making In SentencingRace In SentencingRacial Disparities In PunishmentRacial Disparity In SentencingSocioeconomic Disparity In Sentencing
The study examines how race/ethnicity, gender, and age independently and jointly influence federal sentencing outcomes. Using United States Sentencing Commission data, the authors analyze sentencing decisions across these demographic factors. Hispanic and black males, especially younger defendants, receive harsher sentences and longer incarceration, with joint effects amplifying disparities compared to any single characteristic.
Using data compiled by the United States Sentencing Commission, we examine the independent and joint effects of race/ethnicity, gender, and age on sentencing decisions in U.S. federal courts. We find that Hispanics and blacks, males, and younger defendants receive harsher sentences than whites, females, and older defendants after controlling for important legal and contextual factors. When these effects are examined in combination, young Hispanic male defendants have the highest odds of incarceration and young black male defendants receive the longest sentences. The findings show considerable variation in the sentencing outcomes of defendants depending on their relative social‐structural position in society, and that particularly harsh punishments are focused disproportionately on the youngest Hispanic and black male defendants. Our results reinforce the idea that researchers need to consider the combined impact of multiple defendant statuses on sentencing outcomes because joint effects are considerably larger than the effects of any one defendant characteristic.
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An Integration of Theories to Explain Judicial Discretion
Celesta A. Albonetti · Social Problems · 1991 · 710 citations
Law, Constitutional Law, Public Law +12