Federal Prison Terms For Black Men 20% Longer Than Those for Whites


Federal prison sentences of black men were nearly 20 percent longer than those of white men for similar crimes in recent years, an analysis by the U.S. Sentencing Commission found. The Wall Street Journal. That racial gap has widened since the Supreme Court restored judicial discretion in sentencing in 2005 The commission recommended that federal judges give sentencing guidelines more weight, and that appeals courts more closely scrutinize sentences that fall beyond them.

The commission, which is part of the judicial branch, was careful to avoid the implication of racism among federal judges, acknowledging that they “make sentencing decisions based on many legitimate considerations that are not or cannot be measured.” The findings drew criticism from advocacy groups and researchers, who said the commission’s focus on the very end of the criminal-justice process ignored possible bias at earlier stages, such as when a person is arrested and charged, or enters into a plea deal with prosecutors. “They’ve only got data on this final slice of the process, but they are still missing crucial parts of the criminal-justice process,” said Sonja Starr, a law professor at the University of Michigan, who has analyzed sentencing and arrest data and found no marked increase in racial disparity since 2005.

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