The Dangerous Drug Offender and Upward Departures in Federal Courts

• In Event: The Intersections of Race, Ethnicity and Gender: A Focus on Crime and Case Outcomes

Abstract

There has been little empirical research that explores what influences judges to use an upward departure to impose a sentence above what is recommended by the U.S. Sentencing Guidelines. While upward departures in the federal system are rare, they have potentially severe consequences for the offenders that receive them. This study looks at the intersections of race/ethnicity, gender, and culpability in the use of upward departures in federal sentencing.

Author

• Kimberly A. Kaiser, Arizona State University