The Sentencing Decisions of Black and White Judges: Expected and Unexpected Similarities

Abstract

Those who champion the representation of blacks on the bench argue that black judges may make a difference. Indeed, some suggest that increasing the proportion of black judges might result in more equitable treatment of black and white defendants. In this study we test these expectations. Using data on defendants charged with violent felonies, we compare the sentencing decisions of black and white judges in Detroit. We find remarkable similarities and conclude that judicial race has relatively little predictive power. More important, we find that both black and white judge sentence black offenders more severely than white offenders. Our results raise questions about the appropriate interpretation of racial disparity in incarceration rates and suggest that the harsher treatment of black offenders cannot be attributed to the racism of white judges.