1.4.8: Race and Gender in Sentencing Disparity

The prison population in the United States is disproportionately represented in terms of race, gender, age, and socioeconomic status (Pettit 2012; Spohn 2013; Western 2006). Social justice researchers have long studied this problem, even as far back as the writings of W. E. B. Du Bois (Du Bois 2010). The relative ease of obtaining accurate prison population data over the past twenty years has increased the awareness of this issue as well as the number of social justice studies that share insights (Spohn 2000; Tonry 2019; Baumer 2013; Franklin 2018; Mitchell 2005; Ulmer 2012; Zatz 2000).

The clear finding in this literature is that African American and Hispanic offenders receive harsher sentences than their white counterparts. Other conclusions from recent studies have revealed that Asians receive similar or more lenient punishment outcomes than people who are white for federal offenses (Everett and Wojtkiewicz 2002; Franklin and Henry 2020; Franklin 2015; Johnson and Betsinger 2009; Kutateladze et al. 2014). Additionally, some research has shown that Native Americans experience harsher penalties than white offenders in the federal system, though these results might depend on jurisdictional and policy-related factors (Everett and Wojtkiewicz 2002; Franklin 2013; Wilmot and Delone 2010; Engen and Gainy 2000). These findings are so clear that some researchers have concluded that “it is overly simplistic to ask whether race and ethnicity matter at sentencing” (Spohn 2015, page 179). Hence, a newer focus of this research looks deeper into sentencing trends with respect to secondary characteristics.

With respect to gender, this research has traditionally found that male defendants are treated more punitively than females, though these differences decrease when the type of crime committed and prior record are considered in the analysis (Daly and Tonry 1997; Goulette et al. 2015; Griffin and Wooldredge 2006; Steffensmeier et al. 1993; Doerner and Demuth 2010). The differences between male and female defendants also appears to be diminishing with time (Bontrager et al. 2013). The effects of gender on sentencing additionally appears to be related to the types of responsibility the defendants have to their families, such as being the primary source of childcare or income (Daly 1987; Doerner and Demuth 2014; Koons-Witt 2002; Tasca et al. 2019).

Sentencing as related to gender appears to be also related to race. For example, African American and Hispanic defendants are penalized more if they are male. Further, some studies suggest that white females receive the most lenient criminal penalties (Brennan and Spohn 2009; Demuth and Steffensmeier 2004; Kramer and Ulmer 2002; Mustard 2001; Ulmer et al. 2016; Brennan 2006; Steffensmeier et al. 1993). When considered in conjunction with age, young African American and Hispanic males have consistently been identified as the groups that are most disadvantaged in criminal punishment (Doerner and Demuth 2010; Franklin 2015; Lehmann and Gomez 2021; Spohn and Holleran 2000; Steffensmeier et al. 1998; Warren et al. 2012).

The type of offense can also interact with race and gender in sentencing. Many studies have found that African American and Hispanics are particularly disadvantaged in the sentencing of lesser property and drug crimes (Demuth and Steffensmeier 2004; Hester and Hartman 2017; Steffensmeier and Demuth 2000; Warren et al. 2012). However, other studies of violent and drug offenses have mixed results (Kautt and Spohn 2002; Lehmann 2020; Spohn and Cederblom 1991; Steen et al. 2005). Research on the interaction between minority status and criminal history also show mixed results (Franklin and Henry 2020; Hester and Hartman 2017; Spohn and Cederblom 1991; Miethe and Moore 1986; Ulmer and Kramer 1996).

There are also studies that provide evidence suggesting that the relative size of African American or Hispanic populations is important in sentencing inequalities (Bontrager et al. 2005; Ulmer and Johnson 2004; Wang and Mears 2015). Other work considers African American or Hispanic communities that experienced recent population growth. Some of these studies showed associations with harsher sentencing while others with slightly different contexts were inconclusive in their conclusions (Feldmeyer et al. 2015; Ulmer and Parker 2020; Caravelis at al. 2011, 2013; Wang and Mears 2010).

Education level is also of interest. There is evidence that those who have more education are at a reduced risk of receiving harsh punishments (Freiburger 2011; Johnson and Betsinger 2009; Wooldredge 2010). Additionally, some research indicates that racial differences are less for defendants who are college graduates (Franklin 2017; Steffensmeier and Demuth 2000). Other research indicates that unemployed defendants are also at a disadvantage when being sentenced and offenders who rely on financial assistance were also more likely to receive longer sentences (Chiricos and Bales 1991; Spohn and Holleran 2000; Wooldredge 2010).

While overt discrimination in sentencing is expressly prohibited by law, recent research has studied why there is a persistent bias against certain groups in the justice system in the United States. Explanations include sociological theories based on implicit and perhaps unintentional bias by judges. In essence judges may implicitly categorize offenders based on categories they perceive to be linked to issues such as the likelihood of future criminal activity (Lehmann and Gomez 2022).

As one can observe, these issues are very complex, and statistical techniques are required to carefully study these trends. A simple straightforward analysis, without the use of more sophisticated statistical methods, has the potential to miss important trends, particularly those trends where two or more conditions interact with one another. Potentially even more important, without the ability to separate the interactive trends from one another, simple trends may be observed that do not really exist but are the result of several other conditions interacting with one another. Hence, the role of statistical techniques are vitally important to ensuring that the conclusions from studies of complex situations provide a realistic view of what the important issues are in a situation.