Judicial and prosecutorial decision-making: Assessing the effects of race, gender, and age on federal downward sentencing departures, 2013 – 2016
Downward sentencing departures in federal courts are generally either prosecutor-initiated (government-sponsored) or judge-initiated. This study examines the direct and joint influences of defendant race, gender, and age on the likelihood of government-sponsored, and judge-initiated, departure from...
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2020
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| In: |
Journal of crime and justice
Year: 2020, Volume: 43, Issue: 4, Pages: 449-466 |
| Online Access: |
Volltext (lizenzpflichtig) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
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| Summary: | Downward sentencing departures in federal courts are generally either prosecutor-initiated (government-sponsored) or judge-initiated. This study examines the direct and joint influences of defendant race, gender, and age on the likelihood of government-sponsored, and judge-initiated, departure from federal sentencing guidelines using federal criminal sentencing data spanning 2013 to 2016. Findings reveal that extralegal factors have a more consistent and larger influence over government-sponsored downward departures than judge-initiated downward departures. Young Black males are particularly disadvantaged in their propensity to receive government-sponsored sentencing departures. Findings are discussed in terms of differing incentive structures and differing focal concerns between federal judges and prosecutors. |
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| ISSN: | 2158-9119 |
| DOI: | 10.1080/0735648X.2019.1704838 |