Poster #190 - Scoring Injustice: The Racial Consequences of Criminal History Enhancements in Maryland’s Sentencing Guidelines

• In Event: ASC Poster Session II

Abstract

A defendant’s criminal history is a key metric utilized by the legal system to assess their culpability and risk of reoffending. Used by federal and state sentencing guidelines, criminal history scores are an aggregate of someone’s past criminal behavior and relationship to the criminal justice system, often including their juvenile record, parole and probation violations, and adult criminal record. They are frequently interpreted by practitioners as objective measures of risk and often form one of the primary axes to determine recommended sentences in jurisdictions with sentencing guidelines structures. However, the literature on racial disparities and cumulative disadvantage in the legal system suggest that criminal history scores may serve as a form of color-blind racism, creating the illusion of race neutrality in the legal system while still resulting in decision-making by legal actors primed by bias. The current study examines the relationship between criminal history scores and racial disparities in Maryland state prison populations using sentencing data obtained from the Maryland State Commission on Criminal Sentencing Policy. Findings from this study will contribute to the field’s understanding of the unintended consequences associated with risk assessment tools used in the sentencing process, along with policy implications.

Author

• Julia Caspero, University of Maryland