NATIONAL ASSOCIATION OF BLACKS IN CRIMINAL JUSTICE - OKLAHOMA
Mandatory Sentencing and Racial Disparity
October 22, 2014
This Article presents new empirical evidence concerning the effects of United States v. Booker, which loosened the formerly mandatory U.S. Sentencing Guidelines, on racial disparities in federal criminal cases. Two serious limitations pervade existing empirical literature on sentencing disparities. First, studies focus on sentencing in isolation, controlling for the “presumptive sentence” or similar measures that themselves result from discretionary charging, plea-bargaining, and fact-finding processes. Any disparities in these earlier processes are excluded from the resulting sentence-disparity estimates. Our research has shown that this exclusion matters: pre-sentencing decision-making can have substantial sentence-disparity consequences. Second, existing studies have used loose causal inference methods that fail to disentangle the effects of sentencing-law changes, such as Booker, from surrounding events and trends. ... Read More ...
We are a society that is governed by data and statistics. Government funding is based on this data: where we send our children to school, where we liv...
Minority Over-Representation in Criminal Justice
May 26, 2014
Our ‘Broken System’ of Criminal Justice - by John Paul Stevens