The Impact of Offender Criminal History on Racial Disparities in Sentencing

• In Event: The Influence of Legal and Extra-Legal Factors on Sentencing Decisions

Abstract

An offender’s criminal history is one of the most salient predictors of the severity of sentence he or she receives. Sentencing guidelines typically incorporate criminal history in the structural sentencing grid, although the level of impact of prior record varies across the different guidelines schemes. Increasing punishment on the basis of prior record has substantial negative implications for racial disparities as studies consistently find African-Americans have more extensive criminal histories (and thus are more likely to receive longer sentences due to the criminal history premium). The current study will examine data from several jurisdictions (MI, MN, VA, and SC) to explore variations in the use of criminal history and the resulting variation in racial impacts across these different sentencing schemes.

Authors

• Rhys Hester, Robina Institute, Univ. of Minnesota Law School

• Richard S. Frase, University of Minnesota Law School