Identifying a Locus of Disparity: The Contribution of Plea Bargains to Differences in Sentences Across Racial and Ethnic Groups

• In Event: The Process and Consequences of Guilty Pleas

Abstract

Evidence suggests that, while racial disparity in punishment still exists, its causes may be less related to judicial bias and more the product of “legal” sources of disparity, such as method of disposition, prior criminal record, and sentencing guideline recommendations. However, this does not mean that these differences are warranted. For example, sentencing guideline recommendations are as much a function of charges of conviction as criminal conduct. To the extent that prosecutorial decisions to reduce the number or severity of charges during plea bargaining differ by defendant race, this may help to explain racial and ethnic disparities in punishment. We test this idea using decomposition analysis and data from three Maryland prosecutors’ offices. We discuss the implications of our findings on the origin of disparity and targets for future reform efforts.

Authors

• Miranda Galvin, Penn State University

• Brian D. Johnson, University of Maryland

• Kevin Petersen, University of North Carolina at Charlotte

• Allison Redlich, George Mason University