In a society in which justice is supposed to be blind, reality often paints a different portrait. The latest report from the United States Sentencing Commission (USCC) on demographic differences in federal sentencing, which covers the fiscal years of 2017-2021, reveals stark disparities in how American inmates are sentenced across racial lines.
The findings of the report are a sobering reminder of the dire need for reform in our criminal justice system.
The USCC report illustrates a series of disparities in sentencing. Black males received sentences that were 13.4 percent longer than whites. Hispanic males’ sentences were 11.2 percent longer than white males. Additionally, Hispanic females faced sentences that were 27.8 percent longer than white females. In an unexpected twist, every other minority female received sentences ten percent shorter than white females.
The report also highlighted racial differences in terms of who was given probation rather than prison time. Black males were 23.4 percent less likely, and Hispanic males were 26.6 percent less likely, to receive a probationary sentence compared to White males.
Similar trends were observed among females, with Black and Hispanic females less likely to receive a probation sentence than White females (11.2% percent less likely and 29.7% less likely, respectively).
Another interesting trend that the report revealed was that most of the racial disparities occurred among inmates who were given shorter sentences.
Among individuals sentenced to 18 months or less incarceration, Black males received lengths of incarceration 6.8 percent longer than White males. The difference narrowed to 1.3 percent for individuals who received sentences of greater than 18 months to 60 months; but for sentences longer than 60 months, Black males received lengths of incarceration approximately one percent shorter than White males. Few differences were statistically significant when comparing sentences for females.
These disparities raise some interesting and critical questions about the factors contributing to such pronounced differences in sentencing outcomes.
Let’s tackle the elephant in the room first, shall we? Racial bias could play a role in determining which inmates are more likely to face incarceration rather than probation and also how long their sentences are. Judges, in some cases, are given much latitude when it comes to deciding how convicts are to be sentenced.
Some have suggested limiting the level of discretion judges have when it comes to determining the appropriate punishment for a given crime. Of course, this could backfire as some judges might be more willing to give a lenient punishment for certain offenses depending on the individual situation. Still, employing measures that would limit the impact of bias, regardless of the type, might yield better results and get the system closer to being blind.
Of course, there is also the issue of how prosecutors are charging defendants. A report compiled at the University of Michigan Law School showed that federal prosecutors file charges carrying mandatory minimum sentences about 65 percent more often against black defendants than others even with all other conditions surrounding their cases being similar.
Pretrial detention could also be a critical element in this equation. In several cities, studies have found that the probability of a defendant being detained prior to trial was significantly higher for young black men at 68 percent compared to all other ethnicities, which fell at 22 percent. While racial bias could play a part here, it seems more likely that class takes center stage on this matter.
While history of imprisonment played a part, accounting for a 75 percent increase in the chances that a black inmate would be detained before going to trial, the fact that these individuals are often not in positions to hire a quality attorney to represent them. Instead, they are forced to go with public defenders, who are notoriously overworked and unable to perform as well as a private attorney.
The problems with the criminal justice system are not easy to overcome. It is a multifaceted and nuanced issue. Unfortunately, politics tends to get in the way when it comes to developing adequate reforms to make the system more just. If the nation has to wait until everything becomes less political for actual change to occur, it does not bode well for the future of America’s criminal justice system.
