Examining Disparities in Sentencing: The Influence of Indigeneity on Case Outcomes

• In Event: Causes and Consequences of Indigenous Victimization: A Series of Studies by Incarcerated Researchers

Abstract

While there is an abundance of research that suggests that characteristics such as race, criminal history, and socioeconomic status influence perpetrator sentencing in the United States and Canada, there is a notable deficit in the literature that explores the relationship between victim indigeneity and case outcomes. This is particularly notable given the overwhelming evidence that each country suffers from inherent bias directed towards Indigenous communities, including from law enforcement and government agencies. This study aims to explore the relationship between victim racial status and perpetrator sentencing outcomes. Using matched case study analysis, the authors examine potential sentencing disparities for individuals convicted of violent crimes directed towards Indigenous and non-Indigenous individuals in the United States and Canada. Results indicate that victim indigeneity may play a significant role in perpetrator outcomes.

Authors

• David A. Cowan, University of Idaho

• Alex Baird, Lewis-Clark State College

• Grace Smith, University of Idaho

• Omi Hodwitz, University of Idaho