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Racial Disparities in Criminal Sentencing Vary Considerably across Federal Judges

Author

Listed:
  • Nicholas Goldrosen
  • Christian Michael Smith
  • Maria-Veronica Ciocanel
  • Rebecca Santorella
  • Shilad Sen
  • Shawn Bushway
  • Chad M. Topaz

Abstract

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-à-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%.

Suggested Citation

  • Nicholas Goldrosen & Christian Michael Smith & Maria-Veronica Ciocanel & Rebecca Santorella & Shilad Sen & Shawn Bushway & Chad M. Topaz, 2023. "Racial Disparities in Criminal Sentencing Vary Considerably across Federal Judges," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 179(1), pages 92-113.
    • Handle: RePEc:mhr:jinste:urn:doi:10.1628/jite-2023-0005
    DOI: 10.1628/jite-2023-0005
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    More about this item

    Keywords

    sentencing; sentencingguidelines; racialdisparities; judicialdiscretion;
    All these keywords.

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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