Harvard Study Finds that Republican-Appointed White Judges Subject Black Defendants to Longer Prison Sentences

From [HERE] Judges appointed by Republican presidents gave longer sentences to black defendants and shorter ones to women than judges appointed by Democrats, according to a new study that analyzed data on more than half a million defendants. [The Republican party is a crude racial-identity party and the numbers bear that out. It is an almost exclusively white party. Many white people vote Democratic, but the Republican party is pretty close to all white. A fact that is soft-pedaled in out national dialog because it makes the modern Republican party sound like a racist institution, which it is. MORE]

“Republican-appointed judges sentence black defendants to three more months than similar nonblacks and female defendants to two fewer months than similar males compared to Democratic-appointed judges,” the study found, adding, “These differences cannot be explained by other judge characteristics and grow substantially larger when judges are granted more discretion.”

The study was conducted by two professors at Harvard Law School, Alma Cohen and Crystal S. Yang. They examined the sentencing practices of about 1,400 federal trial judges over more than 15 years, relying on information from the Federal Judicial Center, the United States Sentencing Commission and the Transactional Records Access Clearinghouse at Syracuse University.

Douglas A. Berman, an authority on sentencing law at Ohio State University, said the study contained “amazing new empirical research.”

The study is studded with fascinating tidbits. Black judges treat male and female offenders more equally than white judges do. Black judges appointed by Republicans treat black offenders more leniently than do other Republican appointees.

More experienced judges are less apt to treat black and female defendants differently. Judges in states with higher levels of racism, as measured by popular support for laws against interracial marriage, are more likely to treat black defendants more harshly than white ones.

The Trump administration has been quite successful in stocking the federal bench with its appointees, and by some estimates the share of Republican appointees on the federal district courts could rise to 50 percent in 2020, from 34 percent in early 2017.

The study said these trends were likely to widen the sentencing gaps.

“Our estimates suggest that a 10 percentage point increase in the share of Republican-appointed judges in each court would increase the racial sentencing gap by approximately 5 percent and the gender sentencing gap by roughly 2 percent,” the authors wrote. “During an average four-year term, a Republican president has the potential to alter the partisan composition of the district courts by over 15 percentage points, potentially increasing the racial and gender sentencing gap by 7.5 and 3 percent, respectively.” [MORE]