Citizenship and Sentencing: Assessing the Effects of Citizenship by National Origin on Federal Sentencing Outcomes

• In Event: Case Processing and Decision Points in the Federal System

Abstract

Non-U.S. citizens account for more than 40 percent of federal criminal court defendants, yet few studies have explored the effects of citizenship status on sentencing decisions. Research offers some indication that non-U.S. citizens receive more severe sentences than U.S. citizens, net of offense severity and other legal case characteristics (Light et al., 2014). However, it is unclear whether and how these citizenship effects vary based on the defendant’s specific national origin. The current study seeks to address this gap in research by assessing how national/regional origin of non-U.S. citizens (e.g., Central American, Caribbean, Mexican, African, Easter European, Western European, Asian) shapes incarceration and sentence length decisions for defendants in federal criminal courts. Our findings reveal significant differences in incarceration and sentence length decisions between U.S. citizens and non-U.S. citizens, net of sentencing guideline scores and other case characteristics. Furthermore, the effects of non-U.S. citizenship differ significantly across county/region of origin.

Authors

• Doyun Koo, University of Cincinnati

• Ben Feldmeyer, University of Cincinnati