Sentencing Add-Ons and Implications for Disparities in a Guidelines State

This study examined whether and how discretionary sentencing add-ons (i.e., secondary charges, victim injury points, firearms/weapons points, drug trafficking enhancements) contribute to disparities. We examined add-ons that increase sentencing points and so contribute to a defendant “scoring to pri...

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Bibliographic Details
Published in:Crime and delinquency 2022-08, Vol.68 (9), p.1538-1578
Main Authors: Strange, C. Clare, Cochran, Joshua C., Wooldredge, John, Feldmeyer, Ben
Format: Article
Language:English
Subjects:
Courts
Criminal sentences
Defendants
Drug trafficking
Ethnic differences
Ethnicity
Imprisonment
Injuries
Moderation
Prisons
Racial differences
Racial inequality
Scores
Weapons
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Summary:This study examined whether and how discretionary sentencing add-ons (i.e., secondary charges, victim injury points, firearms/weapons points, drug trafficking enhancements) contribute to disparities. We examined add-ons that increase sentencing points and so contribute to a defendant “scoring to prison.” We analyzed: (1) the degree to which add-ons explain racial and ethnic disparities in imprisonment (mediation); and (2) whether add-ons are more adverse for minority defendants (moderation). We did not find that add-ons “explain” racial differences in the use of prison sentences. We did find, however, that some add-ons, particularly those that signal “dangerousness,” are racially/ethnically disparate in their consequences. The findings raise questions about the role of court discretion in perpetuating racial and ethnic disparities.
ISSN:0011-1287
1552-387X
DOI:10.1177/00111287211047539