discrim in sentencing

Doug Henwood dhenwood at panix.com
Tue Feb 27 11:26:32 PST 2001


"Racial, Ethnic and Gender Disparities in Sentencing: Evidence

from the US Federal Courts"

BY: DAVID B. MUSTARD

University of Georgia

Terry College of Business

Document: Available from the SSRN Electronic Paper Collection:

http://papers.ssrn.com/paper.taf?abstract_id=253712

Date: Undated

Contact: DAVID B. MUSTARD

Email: Mailto:mustard at terry.uga.edu

Postal: University of Georgia

Terry College of Business

Dept. of Economics

528 Brooks Hall

Athens, GA 30602-6255 USA

Phone: 706-542-3624

Fax: 706-542-3376

ABSTRACT:

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 education and low income receive

substantially longer sentences. Second, disparities are

primarily generated by departures from the guidelines, rather

than differential sentencing within the guidelines. Departures

produce about 55% of the black-white difference and 70% of the

male-female difference. Third, although black-white disparities

occur across offenses, the largest differences are for drug

trafficking. The Hispanic-white disparity is generated primarily

by those convicted of drug trafficking and firearm

possession/trafficking. Last, blacks and males are also less

likely to get no prison term when that option is available, less

likely to receive downward departures, more likely to receive

upward adjustments, and conditioned on having a downward

departure, receive smaller reductions than whites and females.

Keywords: Sentencing, federal courts, Sentencing Reform Act,

Race, Gender, Disparities, US Sentencing Commission, sentencing

guidelines

JEL Classification: K4



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