Race, ethnicity, gender, and age are core foci within sociology and law/criminology. Also prominent is how these statuses intersect to affect behavioral outcomes, but statistical studies of intersectionality are rare. In the area of criminal sentencing, an abundance of studies examine main and joint effects of race and gender but few investigate in detail how these effects are conditioned by defendant's age. Using recent Pennsylvania sentencing data and a novel method for analyzing statistical interactions, we examine the main and combined effects of these statuses on sentencing. We find strong evidence for intersectionality: Harsher sentences concentrate among young black males and Hispanic males of all ages, while the youngest females (regardless of race/ethnicity) and some older defendants receive leniency. The focal concerns model of sentencing that frames our study has strong affinity with intersectionality perspectives and can serve as a template for research examining the ways social statuses shape inequality.

No abstract

Do large racial and ethnic disparities in prison populations reflect systematic racial and policy discrimination in the criminal justice system, or do they reflect disproportionate involvement of blacks and Hispanics in “serious” or street crime? Our investigation of this question keys off the approach initiated by Alfred Blumstein is his pioneering studies on the topic. While yielding important findings, there are, however, substantial gaps in the empirical literature on the racial disproportionality issue. We attempt to fill those gaps by (1) using both data on prison admission as well as in-stock prison populations, (2) presenting more recent racially and ethnically disaggregated arrest and incarceration data from Pennsylvania for 2003–2007, and (3) including Hispanic offenders in our racial and ethnic disproportionality comparisons. Our results indicate, first, that the representation of blacks, whites, and Hispanics among offenders admitted to state prison and in the prison population corresponds closely to their representation in arrest statistics. Second, using arrests as a marker of violent offending, the overrepresentation of blacks among offenders admitted to state prisons occurs because they commit a disproportionate number of frequently imprisoned (i.e., violent) crimes. Third, for those offenses where there is a within-race difference between arrest and incarceration representation, Hispanics experience the greatest disadvantage. Fourth, failing to account for Hispanics in white and black estimates tends to inflate white proportions and deflate black proportions of arrests, admissions, and prison population estimates, masking the “true” black and white racial disproportionality. We conclude that while there is a need for continued concern with possible racial discrimination in justice system processing, this concern should not distract attention from what arguably is the more important matter—ameliorating the social environmental conditions that foster disproportionate minority (especially black) involvement in violent crime.

Objectives: We argue that the reasons court actors conform to or depart from sentencing guideline recommendations likely vary depending on whether the decision involves an alternative sanction or incarceration and that these reasons may have consequences for ethnoracial disparities in the sentencing of defendants and how these disparities are understood. Method: We use recent (2012–2016) Pennsylvania sentencing data to examine (1) the relationship between defendant race/ethnicity and court actors’ decisions to depart downward and upward from the guidelines and (2) whether such relationships vary depending on whether they involve an alternative sanction, namely intermediate punishments (IPs). Results: We find that the association of defendant race/ethnicity with decisions to conform to the guidelines or to depart is greatly impacted by whether the sentence involves an IP. Blacks and, to a lesser extent, Latinos experienced greater disadvantage in guideline decision-making, whether conformity or departures, when the sentence involved an IP. Conclusions: Results suggest that the integration of IP into guideline systems may have (1) mobilized ethnoracial disparities in sentencing, (2) focused the location of sentencing disparities to sentences involving IP, and (3) changed the applicability of common interpretations of guideline decisions and disparities in their imposition.

Much attention has been devoted to the relationship between Hispanic immigration and violent offending at the macro-level, including how it varies across racial and ethnic groups. Unfortunately, little attention has been paid to the conditioning effect of the race/ethnicity of the victim, or how Hispanic immigration is associated with crime by one racial/ethnic group against members of the same or different groups. Using National Incident-Based Reporting System offending estimates and American Community Survey data, we examine the association between Hispanic immigration and black intra-and intergroup (blackon-white and black-on-Hispanic) homicide, robbery, and serious index violence in over 350 U.S. communities. We employ advanced imputation methods to address missing data that have constrained much prior research, as well as utilize crime measures adjusted for the likelihood of random contact between groups. Findings suggest that (1) Hispanic immigration has a positive association with black violence on the whole, but that (2) this association is conditioned by the race/ethnicity of the victim. Our results reinforce the importance of distinguishing across offender-victim dyads in research on the immigrationcrime nexus, particularly in light of competing theoretical expectations. Directions for future research and policy are discussed.