Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts*

@article{Mustard2001RacialEA,
  title={Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts*},
  author={David B. Mustard},
  journal={The Journal of Law and Economics},
  year={2001},
  volume={44},
  pages={285 - 314}
}
This paper examines 77,236 federal offenders sentenced under the Sentencing Reform Act of 1984 and concludes the following. First, after controlling for extensive criminological, demographic, and socioeconomic variables, I found that blacks, males, and offenders with low levels of education and income receive substantially longer sentences. Second, disparities are primarily generated by departures from the guidelines, rather than differential sentencing within the guidelines. Departures produce… 

Split Sentencing in Florida: Race/Ethnicity, Gender, Age, and the Mitigation of Prison Sentence Length

Corresponding with the theoretical expectations of the causal attributions and focal concerns perspectives, a vast body of sentencing literature has shown that Black and Hispanic defendants, and

The Joint Effects of Offender Race/Ethnicity and Gender on Substantial Assistance Departures in Federal Courts

Research on the federal sentencing process has demonstrated that, the sentencing guidelines notwithstanding, outcomes are affected by legally irrelevant offender characteristics. Using data on

And Justice for All? Racial and Ethnic Disparities in Federal Drug Courts in California and the US

This study uses data obtained from the United States Sentencing Commission for fiscal years 2003, 2007, and 2012 to examine racial and ethnic disparities in drug crime sentencing. The authors use

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

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

CUMULATIVE DISADVANTAGE: EXAMINING RACIAL AND ETHNIC DISPARITY IN PROSECUTION AND SENTENCING†

Current research on criminal case processing typically examines a single decision-making point, so drawing reliable conclusions about the impact that factors such as defendants’ race or ethnicity

Race, Ethnicity, Crime Type, and the Sentencing of Violent Felony Offenders

Within the large body of literature on racial/ethnic disparities in criminal sentencing, some research has demonstrated that these relationships are conditional upon various legally relevant case

Gender Differences in Criminal Sentencing

Objective. Many studies find that females benefit from their gender in sentencing decisions. Few researchers, however, address whether the gender-sentencing association might be stronger for some

Trends in Prison Sentences and Racial Disparities: 20-Years of Sentencing Under Florida’s Criminal Punishment Code

The U.S. prison population has fallen 15% overall, 28% for Blacks, and 21% for Hispanics since the Great Recession began. These trends occurred despite rising defendant criminal histories and the

Racial Disparities in the Criminal Justice System and Perceptions of Legitimacy

Historically, research has shown that minorities, especially Blacks, are more likely to be arrested and sentenced to prison terms than their White counterparts. Explanations of these findings range

Gender Effects Across Place: A Multilevel Investigation of Gender, Race/Ethnicity, and Region in Sentencing

Previous empirical research has indicated that women receive less punitive sentencing outcomes, compared to their male counterparts, while controlling for legally relevant case characteristics. This
...

References

SHOWING 1-10 OF 41 REFERENCES

Racial Discrimination in Criminal Sentencing: A Critical Evaluation of the Evidence with Additional Evidence on the Death Penalty.

Reevaluation of published research on racial bias in criminal sentencing and of data on execution rates by race from 1930 to 1967 and on death-sentencing rates from 1967 to 1978 indicates that,

Evidence on Discrimination in Employment: Codes of Color, Codes of Gender

There is substantial racial and gender disparity in the American economy. As we will demonstrate, discriminatory treatment within the labor market is a major cause of this inequality. Yet, there

The Role of Discretion in the Criminal Justice System

Although a substantial body of research suggests that the discretion of discretion of actors in the criminal justice system is important, there is disagreement in the existing empirical literature

The Politics of Employment Discrimination in the Federal Bureaucracy

  • G. Borjas
  • Economics
    The Journal of Law and Economics
  • 1982
THE federal government is the largest employer in the United States. In 1978, it employed over 2.4 million full-time civilian workers, of whom 31.1 percent were women, and 22.0 percent were

Federal Sentencing Guidelines and Mandatory Minimum Sentences: Do Defendants Bargain in the Shadow of the Judge?*

The 1987 sentencing reforms were expected to change profoundly the environment in which plea bargaining takes place by increasing the average length of sentences for serious crimes and by eliminating

Measuring Interjudge Sentencing Disparity: Before and After the Federal Sentencing Guidelines*

This paper evaluates the impact of the Federal Sentencing Guidelines on interjudge sentencing disparity, which is defined as the differences in average nominal prison sentence lengths for comparable

The Negro Criminal A Statistical Note

I T is commonly believed that the Negro in our country is more criminal than the white. This condition is occasionally laid at the door of inherited racial characteristics, ranging from an

Do Sentencing Guidelines Raise the Cost of Punishment?

When judges have discretion over fines and prison terms, sentencing exhibits a tendency" toward efficiency: fines are larger, and prison terms shorter, for offenders with greater ability to" pay.

Charting the Influences on the Judicial Mind: An Empirical Study of Judicial Reasoning

In 1988, hundreds of federal district judges were suddenly confronted with the need to render a decision on the constitutionality of the Sentencing Reform Act and the newly promulgated criminal

Education, Work, and Crime: Theory and Evidence

This paper develops and empirically examines a dynamic model of decisions to work, invest in human capital, and commit crime. By making all three activities endogenous, the model makes a number of