Racial and Ethnic Disparities in Federal Sentencing: A Quantile Regression Approach

Abstract

The Sentencing Guidelines explicitly prohibit the use of demographic characteristics in determining prison sentence, yet researchers continue to find evidence of disparity in sentences on the basis of race, ethnicity and gender. We employ a quantile regression technique that estimates the black-white sentencing gap across the entire sentencing distribution, rather than only at the mean. We also analyze sentencing disparity based on whether the offender is Hispanic. Our results show that racial disparity exists for specific types of offenses (Drug Trafficking, Drug Possession and Firearms crimes); however, the impact of race varies greatly dependent on the location along the sentencing distribution. Ethnic disparity is limited to the crime of Drug Trafficking. The sentencing disparity that exists is largely due to departures from the Sentencing Guidelines from offenders providing substantial assistance to the government and district judges imposing sentences outside the guidelines.