Nationalism and the U.S. Federal Courts: Examining the Intersection Between Race and National Origin

• In Event: Equality and Bias in the Sentencing Process

Abstract

Individuals belonging to different racial/ethnic groups are often treated homogenously, neglecting unique aspects that shape their identity. The current study examines the extent to which a key aspect of multiculturalism, national origin, impacts the punishment of federal defendants who are White, Black, Latinx, and Asian. Specifically, we highlight how race/national-origin groups linked to major regions of the world—including the Americas, Europe, Africa, and Asia, intersect to influence sentence length outcomes in U.S. district courts. We rely on data from the United States Sentencing Commission and the Federal Bureau of Prisons (FY2012-FY2021) to clarify how perceptions of dangerousness may be linked to multiple aspects of offender’s identities.

Authors

• Tri Keah Henry, Indiana University - Bloomington

• Jennifer Bourgeois, Center for Justice Research at Texas Southern University