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In a new academic study of 58,000 federal criminal cases has found significant disparities in sentencing for blacks and whites arrested for the same crimes. The research led to the conclusion that African-Americans’ jail time was almost 60% longer than white sentences.
In a study at The University of Michigan Law School, the racial disparities can be explained “in a single prosecutor decision, whether to file a charge carrying a mandatory minimum sentence, Black men were on average more than twice as likely to face a mandatory minimum charge as white men were, holding arrest offense as well as age and location constant.” Prosecutors are about twice as likely to impose mandatory minimums on black defendants as on white defendants.In federal cases, black defendants faced average sentences of 60 months, while the average for white defendants was only 38 months.
In a study at The University of Michigan Law School, the racial disparities can be explained “in a single prosecutor decision, whether to file a charge carrying a mandatory minimum sentence, Black men were on average more than twice as likely to face a mandatory minimum charge as white men were, holding arrest offense as well as age and location constant.” Prosecutors are about twice as likely to impose mandatory minimums on black defendants as on white defendants.In federal cases, black defendants faced average sentences of 60 months, while the average for white defendants was only 38 months.
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The law was meant to alleviate the disparity in federal sentences, but critics say placing restrictions on judges can exacerbate the problem by rendering them powerless to deviate from guidelines and laws that are inherently biased. An often-cited example is a federal law that created steeper penalties for crack-cocaine offenses, which are committed by blacks more frequently than whites, than for powder-cocaine offenses. Congress reduced the disparity in 2010.In the two years after the Booker ruling, sentences of blacks were on average 15.2% longer than the sentences of similarly situated whites, according to the Sentencing Commission report. Between December 2007 and September 2011, the most recent period covered in the report, sentences of black males were 19.5% longer than those for whites. The analysis also found that black males were 25% less likely than whites in the same period to receive a sentence below the guidelines' range.