Judicial and prosecutorial decision-making: Assessing the effects of race, gender, and age on federal downward sentencing departures, 2013 – 2016

Abstract

ABSTRACT Downward sentencing departures in federal courts are generally either prosecutor-initiated (government-sponsored) or judge-initiated. This study examines the direct and joint influences of defendant race, gender, and age on the likelihood of government-sponsored, and judge-initiated, departure from federal sentencing guidelines using federal criminal sentencing data spanning 2013 to 2016. Findings reveal that extralegal factors have a more consistent and larger influence over government-sponsored downward departures than judge-initiated downward departures. Young Black males are particularly disadvantaged in their propensity to receive government-sponsored sentencing departures. Findings are discussed in terms of differing incentive structures and differing focal concerns between federal judges and prosecutors.