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

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Author Info
Mustard, David B

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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 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 about 55 percent of the black-white difference and 70 percent 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; and more likely to receive upward adjustments and, conditioned on having a downward departure, receive smaller reductions than whites and females. Copyright 2001 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Law & Economics.

Volume (Year): 44 (2001)
Issue (Month): 1 (April)
Pages: 285-314
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Handle: RePEc:ucp:jlawec:v:44:y:2001:i:1:p:285-314

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  1. Eduardo Gandelman & Nestor Gandelman & Julie Rothschild, 2008. "Gender Differentials in Judicial Proceedings: Field Evidence from Housing-Related Cases in Uruguay," RES Working Papers 3250, Inter-American Development Bank, Research Department. [Downloadable!]
  2. Lochner, L., 1999. "Education, Work, and Crime: Theory and Evidence," RCER Working Papers 465, University of Rochester - Center for Economic Research (RCER). [Downloadable!]
  3. Howard Bodenhorn, 2008. "Criminal Sentencing in Nineteenth Century Pennsylvania," NBER Working Papers 14283, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  4. Eduardo Gandelman & Nestor Gandelman & Julie Rothschild, 2008. "Diferencias entre los sexos en los procedimientos judiciales: Pruebas de campo de causas de vivienda en Uruguay," RES Working Papers 3251, Inter-American Development Bank, Research Department. [Downloadable!]
  5. Supriya Sarnikar & Todd Sorensen & Ronald L. Oaxaca, 2007. "Do You Receive a Lighter Prison Sentence Because You Are a Woman? An Economic Analysis of Federal Criminal Sentencing Guidelines," IZA Discussion Papers 2870, Institute for the Study of Labor (IZA). [Downloadable!]
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