• Debunking Sentencing Disparities as Evidence of Systemic Racism
  • Introduction
  • The Report
  • Sentencing Disparities
  • The Things Ignored
  • Post-Arrest Behavior and Rehabilitation Efforts
    • 3. Probation Violation Rates and Non-Compliance
  • Gender Disparities in Sentencing
  • Treatment Completion Rates
  • 6. Systemic Arguments Are Circular
  • Conclusion

Debunking Sentencing Disparities as Evidence of Systemic Racism

Introduction

The claim that racial disparities in sentencing reflect systemic racism fails to consider critical behavioral, socioeconomic, and procedural factors influencing legal outcomes. By simplifying complex systems into a narrative of discrimination, these arguments obscure the true causes of disparities, which often lie in individual actions, socioeconomic realities, and systemic structures designed for neutrality. In this examination, I will explain the shortsightedness of the currently accepted conclusion that blacks get longer sentences because they are black.

The Report

The most recent report we have on sentencing disparities is Demographic differences in Federal Sentencing Report¹ from 2023. To begin with, the many articles making this claim are using old data, and in all those datasets it should be noted that females of all races received lower sentences than White males. In the old reports, the analysis variables did not account for many things,

the updated report, which accounts for most things, only shows a 4% longer sentence for black males compared to White males, Hispanics are around 1% longer, and other males are actually 2% shorter. For longer periods of incarceration, it actually shows a 1% shorter sentence length for even black males. From the report in question:

When examining all sentences imposed during the five-year period studied, the results are very consistent with the Commission’s prior reports: Black males received sentences that were 13.4 percent longer, and Hispanic males received sentences that were 11.2 percent longer, than White males. However, when probationary sentences were excluded and the analysis focused solely on the 94 percent of cases in which a sentence of imprisonment was imposed, the demographic differences were less pronounced. In particular, Black males received lengths of incarceration 4.7 percent longer, and Hispanic males received lengths of incarceration 1.9 percent longer, than White males after controlling for other factors. Further, these differences were concentrated among individuals who received relatively short sentences of incarceration. Among individuals sentenced to 18 months or less of incarceration, Black males received lengths of incarceration 6.8 percent longer than White males. The difference narrowed to 1.3 percent for individuals who received sentences of greater than 18 months to 60 months, and for sentences longer than 60 months Black males received lengths of incarceration approximately one percent shorter than White males.

Sentencing Disparities

Here is a comparison chart of sentencing differences:

The Things Ignored

1. Wealth:

1. • Wealthier defendants are more likely to afford experienced private attorneys who negotiate better plea deals, argue for leniency, and secure reduced sentences.
   • Public defenders are far worse than private counsel. The disparities in sentencing are clearly evident when you look at the Bureau of Justice’s report on counsel ² which also shows that Whites are around 10% more likely to retain private counsel. ³

This alone is enough to explain the slight differences in sentencing.

Post-Arrest Behavior and Rehabilitation Efforts

1. Case Study: Drug Court Outcomes:

1. • Blacks have been shown to have lower rates of completion in drug court.⁴
   • Whites have lower rates of recidivism than non-Black minorities, and Blacks have higher recidivism rates than non-Black minorities ⁵
2. Voluntary Actions Influence Sentencing:

1. • Judges heavily weigh voluntary rehabilitation efforts (e.g., attending rehab, writing sincere apologies, and demonstrating compliance).⁶
   • Defendants who actively participate in drug testing, attend counseling, and show respect in court receive lighter sentences.
2. Conclusion:

1. • Sentencing outcomes are shaped by individual behavior post-arrest. Racial disparities arise not from systemic racism but from differences in voluntary actions and opportunities.

3. Probation Violation Rates and Non-Compliance

1. Revocation Rates:

1. • Black probationers have significantly higher revocation rates than White probationers:
     • In Iowa, Black probationers had a 32% revocation rate, compared to 18% for Whites⁷
   • Non-compliance with probation terms (e.g., missed meetings or technical violations) heavily influences revocation.
2. Factors Influencing Violations:

1. • Probationers with limited resources often struggle to meet probation requirements (e.g., paying fees or attending mandated appointments).
2. Conclusion:

1. • Disparities in probation outcomes are more likely tied to behavioral differences and structural barriers than racial bias within the system.

Gender Disparities in Sentencing

1. Key Findings:

1. • Women receive shorter sentences than men for equivalent offenses:
     • Female offenders’ sentences are, on average, 28-30% shorter across racial groups.⁸
   • Judges view women as less culpable and more rehabilitative, prioritizing family or caregiving roles over punishment.
2. Conclusion:

1. • The justice system shows leniency based on perceived societal roles. This reveals that disparities in sentencing are not always about race and can reflect broader biases unrelated to systemic racism.

Treatment Completion Rates

1. Substance Abuse Treatment Completion:

In this study⁹[Arndt, 2013], the authors explored disparities in outpatient treatment completion rates.

6. Systemic Arguments Are Circular

1. Key Critique:

1. • Systemic racism narratives often rely on circular reasoning:
     • Higher rates of substance abuse, poverty, and criminal activity are attributed to systemic inequities.
     • These inequities are then blamed for harsher sentencing outcomes without addressing the behaviors and choices that directly affect sentencing.
2. Logical Flaws:

1. • This reasoning ignores how disparities can emerge naturally from socioeconomic differences, individual behavior, and judicial discretion without requiring systemic bias.

Conclusion

Sentencing disparities are better explained by individual actions, socioeconomic realities, and systemic constraints than by systemic racism. Wealth disparities, voluntary behavior, and program compliance play a much larger role in shaping outcomes. By addressing these underlying issues—rather than assuming racism as the primary cause—the justice system can move toward more effective and equitable solutions.

1. Data Sources:

1. ^ Reeves, C., et al. (2023). Demographic Differences in Federal Sentencing. United States Sentencing Commission. Available at: United States Sentencing Commission
2. ^ Department of Justice Report Defense Counsel in Criminal Cases
3. ^ Department of Justice Report Defense Counsel in Criminal Cases
4. ^ Roman, J., et al. “Recidivism Rates for Drug Court Graduates: Nationally Based Estimates, Final Report.” US Department of Justice, 2003. Department of Justice
5. ^ Schiff, M., & Terry, C. (1997). “Predicting graduation from Broward County’s dedicated drug treatment court.” Justice System Journal, 19, 291–292, 310. Accessible via Sci-Hub.
6. ^ Criminal Justice Researchinet article and sources available at criminal-justice.iresearchnet.com
7. ^ Jannetta, J., et al. (2014) Examining Racial and Ethnic Disparities in Probation RevocationSummary Findings and Implications from a Multisite Study
8. ^ Department of Justice Report Defense Counsel in Criminal Cases
9. ^ Arndt S, et al. ’How the states stack up: Disparities in substance abuse outpatient treatment completion rates for minoritiesDrug and Alcohol Dependence