Race, Gender, and Age Disparities in Sentencing: The Moderating Effects of Mode of Conviction

• In Event: Race, Jails and Judicial Decision-Making

Abstract

Much research has been conducted on racial and ethnic disparities in sentencing, and the evidence suggests that young Black and Hispanic male offenders receive especially severe punishments. However, the extent to which other case characteristics may condition the effects of race and ethnicity has received limited empirical treatment. Specifically, there are theoretical reasons to expect that the mode of conviction-whether or not an offender was convicted through a trial or a guilty plea-might condition the effects of race, ethnicity, and other such attributes on punishment. However, the little extant research on this topic has reported mixed findings. Additionally, no prior work has assessed whether the particularly notable sentencing penalties experienced by young minority males are strengthened or mitigated by a trial conviction. Using data on felons sentenced in Florida circuit courts, the findings suggest that race/ethnicity, gender, and age exert joint effects on sentence severity, and mode of conviction influences these disparities. Specifically, young Black males are especially likely to receive sentences to prison and receive longer prison terms, and these effects are stronger among trial cases than among plea cases. These findings suggest that the additional discretion afforded to judges during trials particularly disadvantages young Black males.

Authors

• Peter S. Lehmann, Florida State University

• Ted Chiricos, Florida State University

• William D. Bales, Florida State University