Sentencing Disparities and Discrimination in U.S. Criminal Justice

Introduction

A defendant who has successfully been prosecuted and then found guilty will have their sentence determined and read out by a judge at the sentencing hearing. The sentencing hearing can only take place after the criminal conviction. During the sentencing hearing, the judge must decide on a sentence or punishment based on the maximum and minimum sentences for the particular crime, as stipulated in the penal code. While all this sounds straightforward, many cases of discrimination and disparity in sentencing have been recorded (Spohn, 2008).

With regard to sentencing, a disparity exists in two ways: when offenders who are different receive the same punishment, and when similar offenders receive different punishments. More specifically, a disparity exists when judges impose the same sentence on offenders who have very different crimes and criminal histories, and when judges impose different punishments on offenders who have committed identical crimes and have identical criminal histories. Sentencing discrimination differs from sentencing disparity and exists in several ways. First, sentencing discrimination exists when legally irrelevant characteristics are taken into consideration by judges when imposing sentences. Second, it exists when judges impose harsher sentences on male offenders than on female offenders for similar crimes. Third, it exists when judges impose harsher sentences on offenders who are poor than on offenders who are wealthy for similar crimes. Lastly, it exists when judges impose harsher sentences on offenders who are persons of color than on Caucasian offenders for similar crimes (Spohn, 2008).

The Supreme Court building has a phrase engraved on it: "Equal justice under the law." However, for the poor, for persons of color, and many other groups, this phrase carries little practical weight. These populations face discrimination at sentencing and at other stages of the criminal justice system. For example, the poor in the United States are more likely to be arrested, more likely to receive low-quality legal representation, and more likely to receive maximum sentences than the wealthy. This paper investigates sentencing discrimination and disparities in the American criminal justice system (Spohn, 2008).

Sentencing Disparities and Discrimination

Despite increased focus on discrimination and leadership changes at the federal justice department, disparities and discrimination persist at different levels of the American criminal justice system. This does not mean that the American criminal justice system is intentionally set up to discriminate against certain populations. Rather, it means that certain populations are more likely to face discrimination at different levels of the system. For example, research has found that African Americans are more likely to be subjected to traffic stops than Caucasians — they are approximately three times more likely to be stopped than white Americans. It has also been found that African Americans are more likely to be imprisoned and to receive harsher sentences than their white counterparts (Mauer, 2010).

Discrimination and disparities also exist in many jurisdictions with regard to how the "war on drugs" is conducted. It is now well established that discrimination and disparities in the enforcement of drug laws have led to many persons of color being incarcerated. Discrimination is evident in the fact that enforcement is heavily focused on neighborhoods with African American and Latino populations. This has resulted in a disproportionate increase of persons of color in detention centers and facing drug-related charges. Sentencing disparities and discrimination have further resulted in more persons of color serving longer or harsher sentences when found guilty of drug-related offenses. This is a primary driver of the disproportionately high number of African Americans and Latino Americans in prisons across the country (Mauer, 2010).

To put the above information into context: in 2005, African Americans comprised only 14 percent of total drug users in the United States. However, nearly 35 percent of people arrested by police for drug-related offenses were African American, and over 50 percent of people sentenced for drug-related offenses were of the same race. These statistics reveal several things. They show that the war on drugs is disproportionately focused on African Americans, that police officers are more likely to arrest African Americans for drug-related offenses, and that African Americans are more likely to be sentenced for drug offenses. In short, they demonstrate that sentencing discrimination and other forms of discrimination against African Americans exist at various levels of the American criminal justice system (Mauer, 2010).

Factors Influencing Criminal Justice Sentencing

Race heavily influences criminal justice sentencing. Several studies and reports have shown that racial discrimination at sentencing has resulted in shorter sentences for Caucasians and longer or harsher sentences for African Americans and Latino Americans. In other words, white Americans are less likely to receive longer or harsher sentences than racial minorities (Hessick, 2010).

In addition to racial discrimination, many studies also show that gender influences criminal justice sentencing. Research indicates that men are more likely to receive harsher sentences than women in the American criminal justice system, and leniency toward female offenders has become the norm. Gender-based sentencing discrimination is especially frequent in federal courts. Only 15 percent of all people charged with federal crimes are women, and only 7 percent of all federal inmates are women — meaning women are both less likely to be charged with federal crimes and less likely to end up in prison even if charged. According to Hessick (2010), gender-based sentencing discrimination is more common than race-based sentencing discrimination.

Both gender and race affect sentencing outcomes. However, the interaction of these status characteristics also differentiates sentencing results. For instance, it has been demonstrated that white females tend to receive less severe sentences compared to Hispanic and African American women. While Hispanic and African American women tend to receive harsher sentences compared to white females, they receive less severe sentences compared to Hispanic and African American males (Daly & Tonry, 1997). Class or socioeconomic status also influences criminal justice sentencing; however, fewer thorough research studies have examined sentencing discrimination or disparities specifically with regard to class (Farrell et al., 2010).

Conclusion

The American criminal justice system is marked by significant disparities. The way the system treats white Americans differs considerably from how it treats people of color. Communities of color are more likely to be stopped and searched, more likely to be arrested, and more likely to receive harsher or longer sentences. This has resulted in a disproportionately higher number of persons of color in prisons, particularly African Americans. Sentencing disparities and sentencing discrimination are among the most pressing issues the American criminal justice system must confront. A new sentencing system that reduces judicial discretion and requires judges to use a standardized framework — one that properly weighs offender characteristics and mitigating factors — would reduce discrimination and disparities in sentencing and move the system closer to the principle of equal justice under the law.

References

Daly, K., & Tonry, M. (1997). Gender, race, and sentencing. Crime and Justice, 22, 201–252.

Farrell, A., Ward, G., & Rousseau, D. (2010). Intersections of gender and race in federal sentencing: Examining court contexts and the effects of representative court authorities. Journal of Gender, Race, and Justice, 1, 85.

Hessick, C. B. (2010). Race and gender as explicit sentencing factors. Journal of Gender, Race, and Justice, 1, 127.

Mauer, M. (2010). Justice for all: Challenging racial disparities in the criminal justice system. Human Rights, 37, 14.

Smith, D. (2006). Narrowing racial disparities in sentencing through a system of mandatory downward departures. The Modern American, Summer 2006, 32–37.

Spohn, C. (2008). How do judges decide? The search for fairness and justice in punishment. Sage Publications.

Yang, C. S. (2015). Free at last? Judicial discretion and racial disparities in federal sentencing. The Journal of Legal Studies, 44(1), 75–111.