Equal Protection of the Law? New Study Finds Judges Sentence Defendants Differently Based on Race
/From [HERE] and [HERE] Researchers say they their new study suggests a reason why African Americans are overrepresented in prison. Black defendants are more likely to be sentenced to prison than whites, on average, but the racial gap is even more pronounced among some judges, suggesting that race is influencing the decision, the study found. The researchers studied judicial variations in sentencing in felony cases from Cook County, Ill., which includes Chicago. “Race matters in the courtroom,” says the study posted as SSRN. Differences in sentencing by race across judges “suggests that courtroom outcomes may not be race blind. This may be one source of the substantial overrepresentation of African-Americans in the prison population.”
The researchers plotted incarceration rates and sentence lengths imposed for blacks and whites by each judge in the study. The average rate of incarceration is 51 percent for African Americans and 38 percent for whites—a racial gap of 13 percentage points. The study found that the gap in incarceration rates between black and white defendants increased by 18 percentage points between the 10th percentile and 90th percentile judges.
The study explains the difference in an example. A black defendant would have a 45 percent chance of incarceration before the 10th percentile judge and a 68 percent chance before the 90th percentile judge. A white defendant, on the other hand, would have a 35 percent chance of incarceration before the 10th percentile judge and a 40 percent chance before the 90th percentile judge. The racial gap in sentencing probability between the black and white defendants is 10 percentage points by the 10th percentile judge and 28 percentage points by the 90th percentile judge.