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Effects of Defendant Characteristics on Federal Sentencing

Thu, Nov 20, 5:00 to 6:20pm, Marriott, Nob Hill A, Lower B2 Level

Abstract

Research on federal sentencing provides mixed conclusions about the relationship of defendant characteristics on severity of punishment. Previous research has explored these relationship primarily by estimating direct effects of defendant’s race/ethnicity, and gender on federal sentencing. My research empirically examines whether the effects of defendant’s race/ethnicity and gender on sentence severity is better understand in terms of indirect effects that are linked to judicial and prosecutorial discretion provided by the Federal Sentencing Guidelines. I suggest that effect of defendant’s race/ethnicity and gender on federal sentencing of drug trafficking/manufacturing is mediated by Chapter 5 Guidelines departures. Estimating multivariate models of federal sentencing that specify both direct and indirect effects of defendant’s race/ethnicity permits an assessment of whether sources of discretion, provided by the Federal Sentencing Guidelines, serves to undermine the central goal of uniformity in sentencing of similarly situated defendants. In addition, my research examines whether circuit split on “reasonableness” conditions the effects of defendant’s race on length of imprisonment.

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