Sentencing Asian Offenders in State Courts

Abstract

A significant body of literature has developed to explain the controversial issue of sentencing disparity among various racial/ethnic groups. According to the focal concerns perspective, judges may rely on race-based stereotypes, among other factors, in reaching sentencing outcomes. This contention has received support by the empirical literature when examining sentencing differences that emerge between similarly situated White, Black, and Hispanic offenders. Unfortunately, very little research has addressed the relative treatment of Asian offenders to determine whether stereotypes that commonly target these individuals—particularly the “model minority” stereotype—emerge as a potential extralegal factor in judicial sentencing decisions. To address this shortcoming, the current study employs a large sample of offenders processed by state courts to examine the sentencing of Asians relative to White, Black, and Hispanic offenders. Findings are consistent with a focal concerns/model minority perspective and indicate that Asians are, in fact, treated more leniently than other racial/ethnic groups at the incarceration decision. This extralegal disparity, however, does not emerge during the sentence length decision. Implications for theory, policy, and future research are discussed.