The Effect of Race/Ethnicity on Sentencing: Examining Sentence Type, Jail Length, and Prison Length

Abstract

The purpose of this research was to examine the impact of race/ethnicity on criminal sentencing outcomes. The findings from prior studies tend to be mixed on this issue. Using 4 years of data from the State Court Processing Statistics (2000, 2002, 2004, and 2006) and propensity score matching, we examined the impact of race/ethnicity on sentencing outcomes among Blacks, Hispanics, and Whites. The findings suggest that racial/ethnic biases occur in the sentence type (community sanction, jail, or prison) and jail length decisions though not in the prison length decision. It is important to separate jail length and prison length when examining incarceration time. Combining the 2 distinct sentences may confound the true impact of factors on these outcomes.

KEYTERMS:

• Sentencing
• race
• ethnicity
• incarceration
• jail
• prison

Notes

Because of space limitations, we do not list the 57 counties in this article. However, the names of the counties are available on request.

The following 10 variables had missing values at these percentages: age (1.1%), gender (0.1%), race/ethnicity (2.5%), prior convictions (3.4%), prior felony convictions (3.2%), pretrial release (2.3%), attorney type (11.7%), conviction offense (0.4%), jail incarceration length (1%), and prison incarceration length (0.2%).

The 16 conviction offenses were drug sales (reference category), murder, rape, robbery, assault, other violent offense, burglary, larceny/theft, motor vehicle theft, forgery, fraud, other property, other drug, weapon, drive related, and other public order.

⁴It should be remembered that the sample was balanced on all of the covariates in the final matched pairs. Therefore, there was no need to include the covariates in the multinomial regression analyses. However, we did enter the covariates into the models in order to ensure that the race/ethnicity results were similar. The race/ethnicity findings were similar, and those full models can be obtained on request.

Similar to the first model, because the covariates were balanced in the final matched pairs, there was no need to include them in the OLS regression model. However, we did so to ensure similarity of the race/ethnicity finding. The effects of Black and Hispanic in the current models were the same as in the full models. In addition, the results from this model included a selection bias correction using the Heckman two-step command in STATA. All of the covariates (including race/ethnicity) were used to model the incarceration decision, and the subsequent Mills ratio was used as an independent variable in the subsequent OLS regression analyses. All of these findings are available on request.

Similar to the prior two models, because the covariates were balanced in the final matched pairs, there was no need to include them in the OLS regression model. However, we did so to ensure similarity of the race/ethnicity finding. The effects of Black and Hispanic in the current models were the same as in the full models. In addition, the results from this model included a selection bias correction using the Heckman two-step command in STATA. All of the covariates (including race/ethnicity) were used to model the incarceration decision, and the subsequent Mills ratio was used as an independent variable in the subsequent OLS regression analyses. All of these findings are available on request.

Additional information

Notes on contributors

Kareem L. Jordan

Kareem L. Jordan is an Associate Professor in the School of Criminology and Justice Studies at the University of Massachusetts Lowell. His primary research interests are juvenile delinquency and racial disparities in sentencing. His most recent publications include articles in the Journal of Crime and Justice, Youth Violence and Juvenile Justice, and Criminal Justice Policy Review.

Tina L. Freiburger

Tina L. Freiburger is an Associate Professor at the University of Wisconsin–Milwaukee. Her primary research interests are gender and racial disparities in sentencing and juvenile justice. Her recent publications include articles in Crime & Delinquency, the Journal of Crime and Justice, Youth Violence and Juvenile Justice, and Police Quarterly.