Does Sentence Type and Length Matter? Interactions of Age, Race, Ethnicity, and Gender on Jail and Prison Sentences

Abstract

The current work explores the direct and interaction effects of age, race, ethnicity, and gender disparity on sentence lengths, considering differences between jail and prison sanctions. The liberation hypothesis suggests that increased judicial discretion in cases involving less serious crimes results in greater extralegal disparity; however, this prediction may not be consistent with how sentencing guidelines structure discretion. Drawing on 7 years of data (2004-2010) from the Pennsylvania Commission on Sentencing, we employ quantile regression models to account for the structure of sentencing guidelines, while examining variation in jail and prison sentence length outcomes. Results indicate that punishment severity varies across age, race, ethnicity, and gender subgroups, but not in ways that offer support for the liberation hypothesis or fit with opportunities to exercise discretion under sentencing guidelines. Substantive, methodological, and policy implications are discussed.

The Liberation Hypothesis Perspective and Juvenile Court Outcomes: Implications for an Understanding of the Interplay Between Offender and Offense Characteristics

“…These extralegal factors, according to this framework, in turn, become less influential when the crimes committed are more serious in nature and decision-makers are constrained by formal sentencing guidelines and legal factors. Whereas past research (e.g., Spohn & Cederblom, 1991; Spohn & DeLone, 2000) has found support for this theoretical approach when explaining prison sentencing for adult offenders, others report mixed or minimal support among this population (Cassidy & Rydberg, 2020; Hauser & Peck, 2017) and the applicability of this approach to juvenile court decision-making remains understudied (cf. Guevara et al, 2011; Taylor et al, 2012).…”

“…As predicted by the liberation hypothesis, in less serious cases, Black offenders involved in less serious assaults had an increased likelihood of incarceration, whereas those convicted of more serious assaults were no more likely than comparable Whites to receive a prison sentence. Other tests of the liberation hypothesis perspective, however, have yielded mixed results (Barnett, 1985; Cassidy & Rydberg, 2020; Hauser & Peck, 2017; Hester & Hartman, 2017; Leiber & Blowers, 2003; Spohn & DeLone, 2000; Warren et al, 2012). For example, Hauser and Peck (2017) reported that while race/ethnic and sex effects with the imprisonment decision were found, the relationships were most evident among the most serious crimes rather than among the less serious crimes as predicted by the liberation hypothesis.…”

Going Off the Grid: Assessing Sentencing Departures for Individuals Convicted of Sexual Offenses

“…4 Demographic characteristics include gender, age, and race/ ethnicity. Consistent with previous research utilizing PCS data (e.g., Cassidy & Rydberg, 2020;Steffensmeier et al, 2017), race/ethnicity was coded using dummy variables to indicate whether the offender was black or Hispanic (reference = white), with other cases excluded from the analysis.…”

Improving Justice, Equity, Diversity, and Inclusion in Research on Sexual Abuse Perpetration

“…The work described in this journal is centered on individuals already involved or at risk for involvement in legal systems. We know that the criminal legal system does not always serve justice—whether that is to victims/survivors or those who are legal system-involved (e.g., Cassidy & Rydberg, 2020; Spinney et al, 2018). Justice entails the dismantling of barriers, systems, and structures to resources and opportunities for all.…”