Racial Disparities in Criminal Sentencing Vary Considerably across Federal Judges

JOURNAL OF INSTITUTIONAL AND THEORETICAL ECONOMICS-ZEITSCHRIFT FUR DIE GESAMTE STAATSWISSENSCHAFT(2023)

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摘要
Substantial race-based disparities exist in federal criminal sentencing. We analyze 380,000 recent (2006-2019) sentences in the JUSTFAIR database and show that these disparities are large and vary considerably across judges. Judges assign White defendants sentences 13% shorter than Black defendants' and 19% shorter than Hispanic defendants' sentences, on average, conditional on case characteristics and district. Judges one standard deviation above average in their estimated Black-White disparity give Black defendants sentences 39% conditionally longer than White defendants' sentences, vis-a-vis average disparity of 13%. Judges one standard deviation above average in their estimated Hispanic-White disparity give Hispanic defendants sentences 49% conditionally longer than White defendants' sentences, compared to the average disparity of 19%.
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关键词
sentencing,sentencing guidelines,racial disparities,judicial discretion
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