County-Level Context and Sentence Lengths for Black, Latinx, and White Individuals Sentenced to Prison: A Multi-Level Assessment

Abstract

This article examines the relationship between race, ethnicity, county-level contextual variables, and sentence lengths for Black, Latinx, and White individuals sentenced to prison. Hierarchical linear modeling is used to examine the focal concerns perspective, the racial/ethnic threat thesis, socioeconomic inequality across racial/ethnic groups, political climate, and individual-level factors and sentence lengths. Data come from the National Corrections Reporting Program and other sources to examine sentences for over 500,000 individuals admitted to U.S. prisons between 2015 and 2017, from 751 counties. Results indicate that Black and Latinx individuals receive longer sentences than their White counterparts, even after controlling for relevant variables. The racial/ethnic threat thesis is not supported. Black individuals are sentenced longer than their White counterparts in counties with larger shares of Republican voters. Findings indicate that race and ethnicity continue to be salient predictors of punishment, with Black and Latinx individuals facing harsher outcomes than their White counterparts.

Haven't they suffered enough? Time to exoneration following wrongful conviction of racially marginalized minority- vs. majority-group members

“…For example, Percival (2010) found that counties that score high in political conservatism incarcerate Blacks and Hispanics at higher rates than whites. In the same vein, it was found Blacks tried in Republican-leaning counties received harsher punishments (Durante, 2021). From an individual perspective, Cohen and Yang (2019) showed that Republican-appointed judges sentenced Blacks to longer sentences.…”

“…With respect to the justice system, Republican states, on the whole, show greater support for harsher criminal sanctions and punishments compared to Democratic states (Jacobs and Carmichael, 2004), and they are less likely to initiate reforms aimed at reducing wrongful convictions (Carmichael and Kent, 2017). In addition, racial disparities in various aspects of the criminal justice system have been found to be contingent on a tendency toward conservatism (Cohen and Yang, 2019; Durante, 2021). The question that arises is thus whether the relationship between race and relative prison time might look different in Republican states, which are perceived as more antagonistic toward minorities and more stringent in matters of crime and punishment, compared to Democratic states.…”

Mental Illness as a Sentencing Determinant: A Comparative Case Law Analysis Based on a Machine Learning Approach

“…Diagnoses of mental disorders are often traditionally considered in courts as either aggravating or mitigating factors to sentencing proceedings (Davidson & Rosky, 2015; Miley et al, 2020; van Es et al, 2020). In the United States, differences in legislation and the application of law between states often lead to differences in rates and lengths of incarceration for individuals experiencing mental disorders (Durante, 2021; “State-by-State Data on Sentencing Rates,” 2019). Particularly, it has been suggested that sentencing legislation and guidelines in more conservative states in terms of political ideology may pose major disadvantages for those that have received psychiatric diagnoses (Alexander & Link, 2003; Durante, 2021).…”

“…In the United States, differences in legislation and the application of law between states often lead to differences in rates and lengths of incarceration for individuals experiencing mental disorders (Durante, 2021; “State-by-State Data on Sentencing Rates,” 2019). Particularly, it has been suggested that sentencing legislation and guidelines in more conservative states in terms of political ideology may pose major disadvantages for those that have received psychiatric diagnoses (Alexander & Link, 2003; Durante, 2021).…”

The Geography of Race and Ethnicity Effects in Federal Sentencing: A Descriptive and Spatial Analysis

“…This has sparked a growing body of multijurisdictional research that has examined the impact of numerous factors, including proportion of the Black and/or Latine population, growth in minority populations, crime rates, urbanization, and jurisdiction size to name a few. To be sure, this body of literature has established that race and ethnicity do take on different meanings in different types of communities—in some communities, Black and/or Latine individuals are sentenced more punitively than their white counterparts, while in others they are sentenced with parity, or even more leniently (e.g., Durante, 2021; Feldmeyer & Ulmer, 2011; Freiburger & Sheeran, 2020; Johnson, 2005; Spohn & Holleran, 2000; Steffensmeier & Demuth, 2000). 1,2 It has also provided clues as to the factors that may drive variability across communities and their courts.…”