Sentencing departures and focal concerns: The joint effect of race and gender on departures in United States district courts, 2014 – 2016

Abstract

ABSTRACT The current study aims to examine the joint effects of defendant race and gender on (1) downward sentencing departures (likelihood and length) and (2) upward sentencing departures (likelihood and length) in federal criminal courts. Using federal criminal cases sentenced between October 1, 2014 and September 30, 2016, a series of multivariate logistic and ordinary least squares regression models are used to isolate the effects of defendant race and gender (and their intersections) on departure decisions. Findings indicate that greater punitiveness for minorities in departure decisions are exclusive to Black males. Further, females of all race/ethnic groups examined are consistently advantaged in departure decisions when compared to White men. Findings regarding Hispanics indicate little difference in departure decisions compared to Whites, but where differences exist it is to the advantage of Hispanics. Findings and implications are discussed in light of focal concerns perspective and prior research.