The Moderating Effects of Race/Ethnicity and Prior Record on Sentence Length: A Fixed-Effects Analysis

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

Abstract

Racial disparities in criminal sentencing—both the discrete (in/out) and continuous (length) sentencing decisions—have generated much research interest. However, the conclusions drawn from this literature are mixed. Overall, it appears that net of relevant legal factors, e.g., prior record and current offense seriousness, blacks and Hispanics are more likely to be sent to prison and for slightly longer periods of time than similarly-situated non-Hispanic whites.

However, most studies employ linear models to estimate sentencing disparity. Moreover, few studies examine the interactive effects of legal and extralegal factors in sentencing decisions, especially for Hispanic offenders. This paper examines how race and ethnicity may moderate the relationship between legal factors—like prior record and offense seriousness—and sentence length. We use Florida Sentencing Guidelines data containing a cohort of offenders sentenced to prison from 1994 to 2006. We employ fixed-effects regression models to hold constant relevant legal and extralegal factors, including variations in time and circuit.

Authors

• Samuel Scaggs, Florida State University

• Zachary Loftus, Florida State University

• William Bales, Florida State University