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Sentencing in the Federal Courts: Does Race Matter? The Transition to Sentencing Guidelines, 1986-90 (Summary)

NCJ Number
145332
Author(s)
D C McDonald; K E Carlson
Date Published
1993
Length
24 pages
Annotation

This is a summary of a report that examines differences, if any, in sentencing of white, black and Hispanic offenders in Federal court. It considers sentencing both prior to and after implementation of sentencing reform and the creation of mandatory minimum sentences under the Anti Drug Abuse Act of 1986.

Abstract

Prior to full implementation of the Sentencing Reform Act of 1984 and the mandatory minimum sentences under the Anti Drug Abuse Act of 1986, white, black and Hispanic offenders received similar sentences in federal district court. Subsequent to implementation of these laws, racial and ethnic disparities in sentencing became evident. This report is a summary of a study that looked at the differences and explored whether there are some legitimate reasons for the differences that are not related to race or ethnic background. Several hypotheses were tested: 1) whether the differences reflect changing proportions of blacks and Hispanics convicted of more heavily punished offenses; 2) whether the guidelines have failed in their goal of producing more uniformity in sentencing; 3) whether the guidelines have created racial and ethnic differences in sentencing; and 4) whether it is mandatory minimum sentencing that has caused the disparities.