The Social Construction of a Blameworthy Drug Offender and its Affect on Sentence Length

• In Event: Race, Ethnicity, and Criminal Sentencing

Abstract

Although, the implementation of determinate sentencing was supposed to add uniformity to sentencing, by way of reducing judges' discretion, empirical studies have contradicted this thesis (Lyons et al., 2013). In fact, mandatory minimum sentences for drug offenses have disproportionately affected people of color (Bush-Baskette & Smith, 2012; Guerino, et al. 2011). Researchers have explained that this inconsistency in sentencing is mainly due to judge's perception of the blameworthiness of the offender (Caravelis, 2001). This culpability tends to be socially constructed and thus it may include extra legal factors such as race, and ethnicity. Overall, Hispanic males convicted of drug offenses are sentenced to longer terms in comparison to their White and Black counterparts(Pasko, 2002; Steffensmeir & Demuth, 2000). This sentencing variation can be understood through an explanation of who may be perceived as a "villain or a victim" in the drug offense (Pasko, 2002, p. 318). Using the United States Sentencing Commission data (2012), the author explores the degree to which racial, ethnic and gender stereotypes about dangerous drug offenders influence sentence length. Analysis consists of multivariate regressions using a large sample of men and women. Policy implications regarding sentencing guidelines and its effects on racial minorities are also discussed.

Author

• Vivian C. Smith, Cabrini College