The Joint Effects of Offender Race/Ethnicity and Gender on Substantial Assistance Departures in Federal Courts

Abstract

Research on the federal sentencing process has demonstrated that, the sentencing guidelines notwithstanding, outcomes are affected by legally irrelevant offender characteristics. Using data on offenders convicted of drug offenses in three U.S. district courts, we build on and extend this research. We examine the main and interactive effects of offender race/ethnicity and gender on the likelihood of receiving a downward departure for providing substantial assistance and on the magnitude of the sentence discount given to offenders who receive these departures. Our findings indicate the Black and Hispanic male offenders are treated more harshly than all other offenders. Our findings also indicate that there are no differences between female offenders of any race/ethnicity and White male offenders or between the three groups of female offenders. We suggest that prosecutors and judges use the discretion inherent in the substantial assistance departure to circumvent the guidelines and to fashion more appropriate sentences for sympathetic and salvageable offenders.

Assessing Cumulative Disadvantage against Minority Female Defendants in State Courts

“…Specifically, some studies have found leniency for White women relative to Black or Hispanic women (Crawford, 2000;Spohn, Welch, & Gruhl, 1985;Steffensmeier et al, 1993). Others, however, have revealed no differences in the sentencing of Black versus White women (Albonetti, 2002;Spohn & Beichner, 2000;Spohn & Brennan, 2011;Spohn & Spears, 1997). In particular, finding that there were no differences in the sentences received by White, Black, and Hispanic female defendants, Steffensmeier and Demuth (2006, p. 257) suggest that White female defendants may benefit from being female but may not benefit from being White; Black and Hispanic females also benefit from being female but are not necessarily penalized for being a minority.…”

Gender Effects Across Place: A Multilevel Investigation of Gender, Race/Ethnicity, and Region in Sentencing

“…Franklin & Fearne, 2008;Herzog & Oreg, 2008;Starr, 2014). When women are sentenced to prison, they receive shorter sentences than men (Albonetti, 2002;Doerner & Demuth, 2010, 2014Rodriguez, Curry, & Lee, 2006;Starr, 2014;Tillyer et al, 2015) and are more likely to receive beneficial sentencing departures (Doerner, 2012;Hartley, Maddan, & Spohn, 2007;Mustard, 2001;Spohn & Brennan, 2011;Steffensmeier, Kramer, & Streifel, 1993).…”

“…Despite the growing population of women of color in prisons, an intersectional approach to understanding the relationship between gender and federal sentencing outcomes has only recently begun to garner attention in the sentencing literature. Of these studies, most suggest that racial variations in sentencing outcomes are only relevant for men and that women experience leniency equally (Doerner & Demuth, 2010;Farrell, Ward, & Rousseau, 2010;Spohn & Brennan, 2011). The absence of racial variation in female sentencing outcomes is pronounced at the local level.…”

“…Researchers examining federal sentencing data often reach similar conclusions. According to a study that examined sentencing outcomes for the District of Minnesota, District of Nebraska, and Southern District of Iowa from 1998 to 2000, the application of judicial departures was not found to vary across race for women convicted of drug violations (Spohn & Brennan, 2011). Likewise, Doerner and Demuth (2010) also failed to find a significant difference in sentence length outcomes between women of color and their White counterparts when examining federal sentencing data for the year 2001.…”

Race, Ethnicity, and Judicial Discretion

“…For more information on these exceptions, see Spohn and Brennan (2011), Fornango (2009), andTonry (1996). The most obvious exception is for 5K1 substantial assistance departures.…”