Victim-Based Effects on Racially Disparate Sentencing in Ohio
Scholars have argued that African-American men accused of violently victimizing whites receive especially harsh treatment in court. This thesis was tested with samples of felony defendants processed in Ohio courts before and after the implementation of sentencing guidelines. During the preguideline period only, African-American men accused of victimizing whites were less likely than other defendants to plead guilty in exchange for reduced charges and/or sentences, and African-American men incarcerated for violent crimes against whites received longer sentences than other incarcerated offenders. During the postguideline period only, by contrast, the odds of pleading guilty in exchange for reduced charges were actually higher for African-American men accused of victimizing whites. African-American male prison terms significantly declined relative to incarcerated whites from the preguideline to the postguideline period. The interaction effect of defendant-victim race was significant during the preguideline period, not significant in the postguideline period, and significantly changed over time.
Race, Crime, and Punishment in the Twentieth and Twenty-First Centuries
Flagrant and widespread racism that characterized the criminal justice system during the early part of the twentieth century has largely been eliminated, but racial disparities persist. Whether because of overt racism, implicit bias, or laws and practices that have racially disparate effects, black (and Hispanic) men and women make up a disproportionate number of people in American prisons and on death row. Researchers have conducted dozens of studies designed to untangle the complex relationships between race and punishment to determine the causes of racial disparities. Findings vary somewhat, but most conclude that the share of racial disproportionality in imprisonment that can be explained by differential involvement in crime has declined over time; attribute the continuing—possibly worsening—disparity to policies pursued during the war on drugs and officials’ race-linked stereotypes of culpability, dangerousness, and likelihood of reoffending; and contend that race affects the capital sentencing process. Remedying this will require reducing the size of the prison population, reforming the sentencing process so that many more offenders convicted of nonserious crimes receive alternatives to incarceration, and abolishing or severely restricting use of the death penalty.
The Sentencing Commission And Its Guidelines
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