Mandatory Minimum Research Articles

A History of Early Drug Sentences in California

The early history of drug sentences in California provides a quintessential example of structural racism in law. The demands of white voters to escalate penalties for drug crimes followed a pattern of collective myth making and value signaling that insisted opiates, cocaine, and cannabis were extremely dangerous, led to other crime, and prevalently were used and sold by immigrants and other despised groups. Public pressure for more severe punishment seemed to peak twice, in the 1920s and 1950s, in response to exaggerated threats such as “dope peddlers” targeting children and profitable “dope rings” controlled by subversive foreigners. Amplified by a self-seeking, robust news media and a multitude of fraternal, civic, and religious organizations, the frightful construction of illicit drugs seemed to demand a simple and uncompromising response: to punish drug users harder by increasing terms of incarceration. But white voters always understood that drug laws targeted immigrants and communities of color, and law enforcers used extreme penalties as leverage to pursue corrupt and racist prerogatives unrelated to reducing drug use. Drug penalties in California were developed over many decades with almost extreme levels of participation by antidrug activists and law enforcers. Appearing somehow scientific, the resulting arrays of penalties implied that the cruelest sentences were reserved for the truly blameworthy, when in fact they were reserved for the marginalized. Moreover, several legal conventions born of these penalty structures—mandatory minimums, the distinction between user and seller, punishment of addiction itself, and presumptions arising from drug quantities—still exacerbate the oppressive nature of drug statutes.

Loss of control in the appeal courts

The article critiques the ‘loss of self-control’ requirement within Loss of Control partial defence, investigating its meaning (legally and scientifically), as well as its theoretical purpose. We contend that the partial defence currently performs a curious and problematic role, promoting questions of self-control, that are most effectively dealt with at a post-conviction stage (ie, at sentencing), into questions for the liability stage. This could be (perhaps best) resolved through the abolition of the mandatory life sentence for murder, and subsequent abolition of the partial defences, but it is accepted that the current political reality weighs heavily against this option. Looking for viable alternatives, we highlight the advantages of an approach that maximises discretion based on a full appraisal of potentially extenuating circumstances; before discussing how the current partial defence, including the requirement for a loss of self-control, should be interpreted to move the current law closer to this goal.

Mandatory Minimum Reforms, Sentencing, and Racial-Ethnic Disparities

Abstract Over the last 20 years, numerous states and the federal government enacted mandatory minimum reforms, especially for drug offenses. Yet little is known about how effective these reforms have been at the state-level in lowering drug sentences. Using quasi-experimental methods and administrative data, this study evaluates the impact of state-level mandatory minimum reforms on drug sentences and their concomitant racial-ethnic disparities. We find that state-level mandatory minimum reforms do not lower drug sentences in general or change racial-ethnic disparities statistically significantly. These findings suggest that the profound racial-ethnic bias sparked by state-level mandatory minimums are not fully ameliorated by subsequent state-level reforms.

가짜뉴스 등 허위사실 표현에 대한 형사적 규제와 그 헌법적 한계

In a free democracy, the constitutional freedom of the press and publication holds a great significance. However, in case exercising the right to freedom of the press and publication infringes upon other basic rights or undermines the constitutional order, it is subject to a certain level of limitation. This is clearly stated under Article 21(4) of the Constitution of the Republic of Korea, and Article 37(2) of the Constitution also stipulates legal limitations on such freedom under the Principle of Limitation of Basic Rights.<BR> While the expression of one’s personal opinion and the publication of specific facts is legally guaranteed under the right to the freedom of the press and publication, the scope of its guarantee or limitation will differ depending on whether it is an expression of opinion or communication of a fact, and also depending on the factuality of the content.<BR> In particular, when a person expresses one’s opinion, which is an individual’s subjective view, or when a person communicates an objective fact while expressing one’s view, such freedom of the press and publication should be fully protected. However, the expression of falsified facts, or fake news, is not guaranteed on an equal level under the right to the freedom of the press and<BR>publication.<BR> For, while the freedom of the press and publication serves to uphold the foundation of democracy by allowing the free formation and circulation of opinions, the publication or statement of false facts fails to serve such function. Furthermore, such falsified content is likely to defame another person, undermining personal rights and even causing social confusion.<BR> Due to the above mentioned reasons, expressing or circulating false facts such as fake news is regulated by the Constitution as well as other legislative provisions. For example, there are non-criminal regulations like the press arbitration or civil liability compensation. Also such offense may be subject to punishment for defamation under the Criminal Act, or punishment for publication of false facts under the Public Officials Election Act, as well as other criminal regulations. Countries with advanced legislative systems such as Germany or the United States have long implemented both criminal and non-criminal legal actions on the expression of falsified facts, or fake news, based on the countries’ historical, social, and cultural backgrounds. Nevertheless, in imposing criminal punishment, greater scrutiny is required than non-criminal punishment, in that there is a higher possibility of limiting or infringing the constitutional freedom of the press and publication. Under the current law, legal provisions on criminal punishment applicable to the offense of publicizing false facts include defamation under the Criminal Act; defamation under the Information Communication Network Act; publication of false facts under the Public Officials Election Act; and fabrication and circulation of false facts under the National Security Law.<BR> However, concerns have been constantly raised that such criminal regulation may result in violating the constitutional right to freedom of the press and publication. Therefore, it is necessary to compare the current criminal punitive system with foreign judiciaries with advanced legislative systems such as Germany and the United States, and conduct a thorough study on practical cases in order to determine whether there is a violation of the Constitution.<BR> As a result of this study, punishing a defamer under the Criminal Law for circulating false facts may involve abuse of the National Penal Power, due to the issue of “vagueness” of the ‘intent to defame others’ and the condition of No Punishment against Will. In punishing the offense of publication of false facts under the Public Officials Election Act, there is a possibility of violating the Principle of Proportionality due to the de facto mandatory invalidation of election under the mandatory minimum sentence. Punishment for fabricating and circulating false facts under the National Security Law may also infringe upon the Principle of Proportionality due to the uniform and high statutory sentence without distinction on the level of offense. Therefore there is a need to improve current legal provisions to resolve possible issues of constitutionality.<BR> Furthermore, with the increasing level of damage on the victims of fake news, there is a growing argument to introduce new legislation to impose criminal punishment on expressing false facts that cause social conflict and confusion, which previously has not been subject to criminal punishment. While such legal action is deemed necessary, excessive criminal regulation may result in infringing on the freedom of the press and publication. Therefore such legal measures require thorough review to ensure that such measures are introduced on a minimum necessary scale. In conclusion, both the existing criminal regulation and newly introduced legal measures must guarantee the freedom of the press and publication, while contributing to safeguard the constitutional values of personal rights, social order, as well as national security.

ПРАВОВИЙ АНАЛІЗ ЗАКОНОПРОЄКТНОЇ ДІЯЛЬНОСТІ З УДОСКОНАЛЕННЯ МЕХАНІЗМУ ЗАСТОСУВАННЯ ДОВІЧНОГО ПОЗБАВЛЕННЯ ВОЛІ В УКРАЇН

Legal analysis of bills aimed at improving the mechanism of application of life imprisonment in Ukraine, namely: “On Amendments to Certain Legislative Acts Implementing Decisions of the European Court of Human Rights” № 4048 and “On Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and the Criminal Procedural Code of Ukraine on the execution of decisions of the European Court of Human Rights” № 4049 is provided in the article. It is determined that the mechanism of parole in the form of life imprisonment proposed by these bills consists of two stages: the first stage is the replacement of life imprisonment with a milder punishment under the rules of the new version of Article 82 of the Criminal Code of Ukraine; the second stage is conditional early release from serving a sentence in the form of imprisonment, which is assigned to a convict in order to replace life sentence with a milder punishment (imprisonment) under the rules of a new version of Article 81 of the Criminal Code of Ukraine. The legal positions of the Committee on Ukraine’s Integration with the European Union, the Main Scientific and Expert Department of the Verkhovna Rada of Ukraine, and the expert assessment of the Council of Europe are analyzed. The generalized legal analysis of bills 4048, 4049 gave an opportunity to reveal their progressive provisions, as well as shortcomings. Progressive provisions of the bills include: convicts’ drawing up their personal plan for reintegration into society, a temporary restriction on re-applying for the replacement of life sentence with imprisonment for a definite term or a request for a parole. The shortcomings of the bills include: unjustifiably short minimum sentence that a convict must serve in order to be released from life sentence; lack of a mechanism for determining the risk assessment of those sentenced to life imprisonment; lack of legislation to provide for probation in the process of replacing life sentence with a milder sentence and parole in terms of risk assessment, reintegration plan and monitoring compliance with court obligations; lack of criteria for determining the risk of re-offending; implementation of administrative supervision by police bodies over persons released on parole; lack of clear content of the reintegration plan; providing conclusions of the administration of a penal institution on convict’s preparing for release. Key words: bill 4048, bill 4049, life sentence, parole, European standards, implementation.

MULTIPLE ACTS OF SEXUAL PENETRATION WITHIN A SHORT PERIOD OF TIME – SINGLE OR MULTIPLE ACTS OF RAPE? S v Willemse 2011 (2) SACR 531 (ECG)

The case under discussion exposes a particular twilight zone in respect of the sexual offence of rape, and more specifically, the question as to when multiple acts of sexual penetration perpetrated by the same perpetrator within a relatively short time span, will constitute multiple acts of rape. The latter, in addition, specifically becomes problematic during sentencing. Once it has been established that a victim was raped more than once by an accused, a court is obliged in terms of section 51(1) of the Criminal Law Amendment Act 105 of 1997 (hereinafter “the Act”) to impose a sentence of life imprisonment, unless substantial and compelling circumstances exist to depart from the prescribed minimum sentence. The decision under discussion is of particular interest as the court was once again required to assess whether multiple acts of sexual penetration constituted a single act of rape, or multiple acts of rape and as such falling within the ambit of the provisions of the Act with regards to sentencing. A related issue addressed by the judgment, relates to the anomaly in respect of the appropriate approach to follow in cases of this nature relating to multiple acts of sexual penetration in order to assess whether these acts should be construed as multiple acts of rape, or as one single and prolonged act of rape.

Life lessons: Examining sources of racial and ethnic disparity in federal life without parole sentences*

AbstractAlongside capital punishment, sentences to life without the possibility of parole are one of the most distinctive aspects of the American system of criminal punishment. Unlike the death penalty, though, almost no empirical work has examined the decision to impose life imprisonment. The current study analyzes several years of recent federal sentencing data (FY2010–FY2017) to investigate underlying sources of racial disparity in life without parole sentences. The analysis reveals disparities in who receives life imprisonment, but it finds these differences are attributable mostly to indirect mechanisms built into the federal sentencing system, such as the mode of conviction, mandatory minimums, and guidelines departures. Both Black and Hispanic offenders are more likely to be eligible for life sentences under the federal guidelines, but conditional on being eligible, they are not more likely to receive life sentences. Findings are discussed in relation to ongoing debates over racial inequality and the growing role that life imprisonment plays in American exceptionalism in punishment.

The Challenge of Imposing Just Sentences Under Mandatory Minimum Statutes: A Qualitative Study of Judicial Perceptions

Mandatory minimums limit judicial discretion in many jurisdictions in the United States, often compelling judges to impose harsh incarcerative terms. Using qualitative interviews with 41 criminal term judges presiding in a state in the United States, we explore how mandatory minimums influence the judicial sentencing function. We find that judges vary in their approaches to sentencing and that their approaches correspond with their perceptions of mandatory minimum statutes. While our respondents consider case-level, systemic, and pragmatic factors, the majority of judges are focused on the case level and perceive that mandatory minimums often strip away the flexibility they need to craft appropriate sentences in individual cases, leading to punishments that are unduly harsh, and sometimes preventing the imposition of promising alternatives to incarceration. Some judges experience moral dilemmas and guilt feelings during this process. In contrast, judges who highlight pragmatic factors (e.g., public perceptions) are more receptive to statutory restrictions.

Prosecutor Mercy

The tailwinds might be behind criminal justice reform, but American mercy power remains locked in a sputtering clemency model. Centralized leadership should be braver or the centralized institutions should be streamlined, the arguments go—but what if the more basic mercy problem is centralization itself? In this essay, I explore that question. In so doing, I defend the normative premise that post-conviction mercy is justified, and I address the questions of institutional design and political economy that follow. I ultimately encourage jurisdictions to layer decentralized mercy powers on top of their clemency mechanisms, and for the newer authority to be vested in local prosecutors. I present less a single proposal than a collection of principles for mercy decentralization. Governors and presidents simply cannot deliver the punishment remissions appropriate for an American prison population bloated by a half-century love affair with over-criminalization, mandatory minimums, and recidivism enhancements.

Recommendation for a Pilot MCDA Tool to Support the Value-Based Purchasing of Generic Medicines in the UAE.

Introduction: In recent periods the United Arab Emirates (UAE) has strengthened economic measures in its pharmaceutical policy by promoting local manufacturing and facilitating the use of generic medicines. International examples indicate the importance of quality control elements in the implementation of cost containment policies. Multicriteria Decision Analysis (MCDA) is increasingly used in health care to facilitate health care decision based on multiple objectives. Our objective was to develop a pilot MCDA tool for repeated use to support the value-based purchasing of generic medicines in the UAE. Methods: An international evidence framework was adapted to UAE in a multistakeholder workshop organized by Dubai Health Authority. After validating the relevance of nine criteria in the local jurisdiction, participants decided the ranking and weight of each criterion by anonymous voting. Results: The top four criteria focused on quality elements starting with real-world clinical or economic outcomes (with 19.8% weight), followed by the quality assurance of manufacturing (17.3%), then evidence on the equivalence with the original product (14.8%), and drug formulation and stability (12.3%). The pharmaceutical acquisition cost criteria ranked fifth with 9.4% weight. The bottom four criteria, including reliability of drug supply, macroeconomic benefit, pharmacovigilance and added value services related to the product had similar weights in the range of 5.5–7.7%. Conclusion: Policy-makers in Dubai put high emphasis of value-based health care by incentivizing manufacturers of off-patent pharmaceuticals to generate additional scientific evidence compared to the mandatory minimum and acknowledging efforts to improve quality standards. The MCDA tool is considered suitable to improve the transparency and consistency of decision making in UAE for off-patent pharmaceuticals, and subsequently for other health technologies.

Self-employed persons as the actors of tax legal relations: problems of normative legal regulation

This article examines the normative legal regulation of certain provisions of the legal status of self-employed persons who are the payers of self-employment tax in the Russian Federation. Attention is given to the analysis of such characteristics of the legal structure of this special tax regime as taxpayers, object of taxation and tax rate (in the aspect of social security of the actors of these tax legal relations, alongside other categories of self-employed persons). Assessment is given to the content of Russian legislation considering the legal norms of foreign countries (France, Germany, the United States, and Canada) that have positive and long-term experience in the questions of taxation of income of this category of taxpayers. The conclusion is made on the existence of flaws in naming this special tax regime proposed by the legislator, determination of the range of persons who qualify as the taxpayers in such tax legal relations, and the object of taxation. In view of this, the author formulates the original revision of the norms of the Part 1 of the Article 4 and the Paragraph 4 of the Part 2 of the Article 6 of the Federal Law &amp;ldquo;On Carrying out Experiment on the Establishment of Special Tax Regime &amp;ndash; Self-Employment Tax&amp;rdquo;; as well as advances the opinion on the need to implement the progressive scale of taxation of income of self-employed persons with a mandatory non-taxable minimum and guarantees of their social security on equal terms with other persons engaged in work and professional activity.

Approach of Romeo and Juliet Laws in India

In India, the “age of consent” is 16. Meaning, that is the age at which a girl is legally capable of giving consent to sex. In the case of a girl below 16, her consent is not recognized by law. So, irrespective of consent, sex with a girl below 16 will expose her partner to the charge of “statutory rape”. This is an exception to the rule that sex based on mutual consent cannot be called rape. The exception in turn is based on the general premise that a girl below 16 is mentally not mature enough to take a call on sex. Such an age cap, however, applies only to girls because the repercussions of sex – whether biological, social or psychological – can be greater for them than for boys. Even otherwise, for all its progress towards gender equality. Where two minors engage in a consensual sexual relationship, in a paradox, they stand both as victims and perpetrators vis-a-vis each other, although ground-level reality results in boys being overwhelmingly treated as perpetrators and girls as victims. Also, the punishment for having sex with a minor is minimum 10 years imprisonment under the The Protection of Children from Sexual Offences (POCSO) Act, 2012 along with Criminal Law Amendment Act of 2018 and the mandatory minimum sentences under the law provides absolutely no discretion to judges to consider mitigating factors and impose a lesser sentence. The Indian law cannot yet conceive of the possibility of a male partner ever getting raped!

Performance Evaluation of Fiber Wireless (FiWi) Access Network Using Position Optimization of ONUs

Aims: Optimize position of ONUs using Whale Optimization Algorithm (WOA) to make cost-effective FiWi network. Background: Fiber-Wireless (FiWi) is a network which provides higher bandwidth and better stability at lower cost to the users. The placement of network components (such as ONU) in FiWi is of utmost importance since it comes under the network planning. ONU placement mainly focuses on this thing that how efficiently ONUs are placed so that with fewer number of ONUs all the routers get interconnected. Objective: Optimize position of ONUs using WOA algorithm such that, with minimum ONUs all routers can connects with satisfactory network performance. Methods: Extensive simulation is carried out to implement proposed work. A simulation model and code is developed in MATLAB to get the results for existing and proposed algorithms for varying number of variables such as number of ONUs, wireless routers, grid sizes etc. Conclusion: The present work optimizes the location of ONUs using encircling prey mechanism and spiral update mechanism of WOA. Results show that proposed work gives best result in terms of minimum number of ONUs in the network with almost comparable PDR and TTDPN with that of deterministic.

DISPARITAS PUTUSAN PENGADILAN MENGENAI PERKARA KORUPSI BIAYA PEMUNGUTAN PAJAK BUMI DAN BANGUNAN DIHUBUNGKAN DENGAN PRAKTEK PENEGAKAN HUKUM

&#x0D; The cause of disparities in punishment in the settlement of criminal cases is the independence of judges in carrying out their profession. The existing laws do not regulate or limit the minimum sentence imposed upon the accused. Based on the basic experience, the consideration of the defendant's condition includes the individual, the behavior of the community, the financial situation and social status. The disparity in court decisions in cases of corruption can lie on legal paradigm by formulating the contents of legislation properly, avoiding mistakes in interpreting the law, using reasoning both deductively and inductively and discovering legal values ​​that live in the society. Criminal disparities cannot be eliminated by themselves. Therefore, there must be benchmarks with transparency in the imposition of criminal sanctions in accordance with the principles of criminal procedural law.&#x0D; Keywords: Disparity, Crime of Corruption, Law Enforcement.

Good Data, Good Law

Real-time data is crucial in delivering actionable information, yet sparse in the criminal justice space. Often, practitioners and policy makers (“System Actors”), are forced to rely on information that is missing, incorrect, and/or outdated. Recidiviz, a nonpartisan tech non-profit, enables System Actors to make data-driven decisions as part of their regular workflows. This article describes Recidiviz’s work modeling the projected influence of eliminating mandatory minimums in Virginia, including state costs avoided, impact on the prison population, and number of life-years individuals would regain by avoiding incarceration. Recidiviz calculated that if Virginia eliminated mandatory minimums for drug sales offenses only, over the next five years, it could avoid a cumulative $11.6 million in incarceration costs, give 360 years of life back to people, and decrease the prison population’s racial disparity. If Virginia eliminated all mandatory minimums, as SB 5046 proposes, it could help the Commonwealth avoid $80.2 million in costs and give back 2,496 years of life over five years. In addition to policy impact modeling, Recidiviz’s core work is in partnering with state corrections and supervision departments to provide real-time feedback and data visualization tools.

How the Canadian sentencing system impacts policy reform: An examination of the Harper era

AbstractDuring the Harper era (2006–2015), the Canadian government actively pursued criminal justice policy reform. Many of its efforts focused on reforming the Canadian sentencing regime by increasing the severity of penalties, including expanding mandatory minimums. Yet, Canada's rate of incarceration remains stable. The inconsistency between the considerable focus on sentencing policy by the Harper government and the lack of significant change in incarceration rates merits further scrutiny. This contrast between policy effort and policy impact also presents an opportunity to examine how the context of criminal justice policy in Canada influences the nature of policy reform. Taking up this focus, this article articulates the context of Canadian criminal justice policy and considers how this context shapes the policymaking process and policy reform.

STUDENTS VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA

This research aims to analyze the various causes of students’ violence against teachers in educational institutions. Data was qualitatively obtained from the officials of National Education Department of Manado City, supervisors, the police, teachers, and students of Ichtus Vocational High School through interviews, observations and documentation. From the data, it was analyzed that the school does not have a system for monitoring violence, and teachers believed that every violation needs to be punished. The results showed that verbal violence occurred due to punishment for smoking in the class and coming late to school. The death of a teacher due to bleeding from 9 knife stabs on vital body parts by students, is an example of violence against teachers. Although the perpetrators were charged to a minimum sentence of 20 years imprisoned, the National Education Department of North Sulawesi closed and revoked the operational license of the institution and entrusted the students to the private vocational high school in Manado. How to Cite this Article Pubmed Style ARIE SUPRIATI. VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA. SRP. 2021; 12(2): 717-721. doi:10.31838/srp.2021.2.97 Web Style ARIE SUPRIATI. VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA. http://www.sysrevpharm.org/?mno=68467 [Access: March 30, 2021]. doi:10.31838/srp.2021.2.97 AMA (American Medical Association) Style ARIE SUPRIATI. VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA. SRP. 2021; 12(2): 717-721. doi:10.31838/srp.2021.2.97 Vancouver/ICMJE Style ARIE SUPRIATI. VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA. SRP. (2021), [cited March 30, 2021]; 12(2): 717-721. doi:10.31838/srp.2021.2.97 Harvard Style ARIE SUPRIATI (2021) VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA. SRP, 12 (2), 717-721. doi:10.31838/srp.2021.2.97 Turabian Style ARIE SUPRIATI. 2021. VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI Reviews in Pharmacy, 12 (2), 717-721. doi:10.31838/srp.2021.2.97 Chicago Style ARIE SUPRIATI. STUDENTS VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA. Systematic Reviews in Pharmacy 12 (2021), 717-721. doi:10.31838/srp.2021.2.97 MLA (The Modern Language Association) Style ARIE SUPRIATI. STUDENTS VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI INDONESIA. Systematic Reviews in Pharmacy 12.2 (2021), 717-721. Print. doi:10.31838/srp.2021.2.97 APA (American Psychological Association) Style ARIE SUPRIATI (2021) VIOLENCE AGAINST TEACHERS IN SCHOOL: CASE STUDY OF TEACHER MURDER IN MANADO, NORTH SULAWESI Reviews in Pharmacy, 12 (2), 717-721. doi:10.31838/srp.2021.2.97

Point at, nudge, or push private provision of a public good?

AbstractHow decision makers respond to behavioral and traditional interventions might depend on their and the regulator's attributes. This online experiment investigates the effect of defaults, recommendations, and mandatory minimum contributions accompanied by regulator information on the private provision of climate protection, accounting for intrinsic motivation. Findings show that all interventions increase the propensity of individuals to choose the focal value. There is no evidence that recommendations and defaults change average contributions. We report a negative interaction of the default with intrinsic motivation. Expert or political regulator information decreases intervention effectiveness. The study improves our understanding of behavioral public policy instruments.

Plea Bargain

Plea Bargain

The Declining Significance of Race in Criminal Sentencing: Evidence from US Federal Courts

Abstract Racial inequality in sentencing has decreased substantially over the last decade. In 2009, the average sentencing difference between black and white defendants in federal court was nearly 3 yrs. By 2018, this difference was less than 6 mos. Among drug offenders over this same period, the black–white gap went from 47 mos. down to zero. Yet, despite the fact that racial inequality in the legal system remains at the fore of sociological discourse, these developments remain conspicuously under-evaluated and the underlying processes driving these changes remain unknown. This article fills this gap by applying longitudinal decomposition methods to US District Court data between 2009 and 2018. Three notable findings emerge. First, the declining racial gap was driven, in equal parts, by decreasing black sentences and increasing white sentences. Second, black and white sentences became more equal almost entirely due to changes in observable case characteristics and not due to changes in the treatment of offenders. Third, shifts in the prosecutorial use of mandatory minimums played a critical role in decreasing black–white sentencing inequality.