Racial disparity in the wake of the Booker/Fanfan decision

Ulmer, Jeffery T.; Light, Michael T.; Kramer, John H.

doi:10.1111/j.1745-9133.2011.00761.x

Cited by 59 publications

(45 citation statements)

References 42 publications

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“…Following previous research, I exclude zero month prison sentences (see Ulmer et al, 2011b). Even when these sentences are excluded, the data is highly skewed.…”

Section: Dependent Variablementioning

confidence: 99%

“…Finally, following previous research, immigration offenses are also excluded from the analyses (see Ulmer et al, 2011a;2011b).…”

Section: Dependent Variablementioning

confidence: 99%

“…Following both the United States Sentencing Commission Report (2010) and recent research on US federal sentencing outcomes (Ulmer et al 2011a(Ulmer et al , 2011b, the data is partitioned The dependent variable is estimated using ordinary least squares regression techniques.…”

Section: Analytic Strategymentioning

confidence: 99%

“…This body of research suggests that since Booker, the volume of departures has increased (Hofer, 2007), but in a broad sense, racial disparity in US sentencing has not increased (Fischman and Schanzenbach, 2012;Lynch and Omari, 2014;Starr and Rehavi, 2013;Ulmer et al, 2011a;2011b). The current research pays greater attention to differences at the intersections of race/ethnicity, sex, and age to examine whether some groups have been affected differently than others.…”

mentioning

confidence: 99%

“…Finally, women offenders who fall into the lower socio-economic status are more likely to receive severe sanctions (Brennan, 2006;Kruttschnitt, 1981). Clearly, researchers should account for the intersections of (see Friddle and Sands, 2004;Ulmer et al, 2011b). Policy changes such as this highlight the importance of examining broad policy structures, such as the US Federal Guidelines, over time.…”

mentioning

confidence: 99%

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An intersectional approach to race/ethnicity, sex, and age disparity in federal sentencing outcomes: An examination of policy across time periods

Nowacki¹

2016

Criminology & Criminal Justice

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Approaches to intersectionality stress the importance of recognizing multiple, intersecting inequalities. As such, recent sentencing research has examined the changing role of extra-legal characteristics on United States federal sentencing outcomes in the aftermath of recent policy changes (e.g. United States v. Booker), but scholarship has less often examined these characteristics at the intersections of race/ethnicity, gender, and, especially age. This article uses an intersectional approach to examine the influence of these characteristics net of legally relevant characteristics. Using ordinary least squares regression procedures, the author examines the role of the joint effects of extra-legal variables on sentence length decisions across four distinct time periods. Net of control variables, results indicate that young black men are the group most likely to receive the longest sentences, but interesting differences between other groups also emerge.

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“…Following previous research, I exclude zero month prison sentences (see Ulmer et al, 2011b). Even when these sentences are excluded, the data is highly skewed.…”

Section: Dependent Variablementioning

confidence: 99%

“…Finally, following previous research, immigration offenses are also excluded from the analyses (see Ulmer et al, 2011a;2011b).…”

Section: Dependent Variablementioning

confidence: 99%

Section: Analytic Strategymentioning

confidence: 99%

mentioning

confidence: 99%

mentioning

confidence: 99%

See 3 more Smart Citations

An intersectional approach to race/ethnicity, sex, and age disparity in federal sentencing outcomes: An examination of policy across time periods

Nowacki¹

2016

Criminology & Criminal Justice

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Disparities in Sentencing

Rousseau

Baranger

2017

The Encyclopedia of Corrections

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Sentencing guidelines in the United States and elsewhere have been established for the purposes of eliminating disparity and increasing fairness in criminal sentencing; however, criminal justice actors retain some discretion in the determination of punishment. At the US federal level, the Sentencing Reform Act of 1984 set specific guidelines for sentencing. As a result, only legally relevant variables should play a role in the determination of the enactment of sentences. In 2005, with the United States vs. Booker and subsequent judicial decisions, federal judicial discretion was increased when guidelines were deemed unconstitutional, as a result of which guidelines became advisory only. Research since the enactment of guidelines posits a variety of extralegal variables, including race and sex, as having influence throughout the sentencing process, from decision to prosecute through sentencing. Even when legal factors such as crime type, criminal history, and guideline recommendations are controlled, disparities in sentencing outcomes exist.

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Sentencing Research

Ulmer

2014

Encyclopedia of Criminology and Criminal Justice

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Racial disparity in the wake of the Booker/Fanfan decision

Cited by 59 publications

References 42 publications

An intersectional approach to race/ethnicity, sex, and age disparity in federal sentencing outcomes: An examination of policy across time periods

An intersectional approach to race/ethnicity, sex, and age disparity in federal sentencing outcomes: An examination of policy across time periods

Disparities in Sentencing

Sentencing Research

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