Extra-Legal Variables Affecting Sentencing Decisions

Abstract

The recommendations and sentences of 826 convicted offenders were analyzed using multiple partial correlation to assess the specific effects of race on the sentencing process. Recommendations for one category of crime appeared to be influenced by the race of the offender. Specifically, black offenders received significantly harsher recommended sentences for drug crimes. However, a more detailed analysis indicated that blacks were more frequently convicted for narcotics violations, and whites were more frequently convicted for marijuana violations. Thus, the difference in sentence severity between blacks and whites convicted of drug crimes is explained, in part, by the type of drug involved. A comparison of sentences across judges showed substantial variation in the severity of sentences imposed by judges. While there were no significant differences in the recommendations made to judges, the most lenient judges gave 74% of the property offenders probation. In contrast, the most severe judges sent 71% of the property offenders to jail. Such disparities in sentencing demonstrate the inequities of the current criminal justice system.