Foreign and Dangerous? Unpacking the Role of Judges and Prosecutors in Sentencing Disparities in Spain

Abstract

Abstract Given the salience of the principle of equality before the law, there is growing interest in understanding the relationship between immigration and sentencing disparities; however, research remains relatively scarce in Europe. This article examines, firstly, whether non-citizens receive harsher punishment outcomes in Spain and, secondly, the role of several decisions made by judges and prosecutors in producing punishment inequalities. The results show that foreigners are more likely to be imprisoned and that this is related to disparities in prosecutorial recommendations, plea bargaining and the suspension of prison sentences. However, we find mixed evidence of discriminatory practices in the imposition of prison sentences and no evidence with regard to sentence length. The findings are discussed in relation to theoretical debates and practical implications regarding immigration and criminal justice.