Racially Determined Case Characteristics: Exploring Disparities in the Use of Sentencing Factors in England and Wales
Eoin Guilfoyle,
Jose Pina-Sánchez
Abstract:There is little understanding of how documented ethnic disparities in sentencing outcomes in England and Wales come to be and, consequently, how to address them. We argue that disparities in sentence outcomes could stem from how cases are constructed. We hypothesize that case characteristics determined through a high degree of judicial discretion and an assessment of the offender have a high risk of being racially determined, and therefore, operate as precursors of ethnic disparities in sentencing. We test thi… Show more
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