U.S. flag
      An official website of the United States government, Department of Justice.
        Here's how you know
      Here's how you know**Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
      **Secure .gov websites use HTTPS**
            
            A **lock** (
            A locked padlock
            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. Menu

      
        close

            
            
                                              About NIJ
        
                    
  
          About NIJ
      
    
          The NIJ Director
          How NIJ Is Organized
          Mission and Guiding Principles
          Research and Development Process
          Strategic Framework
          Assessments of NIJ
          Annual Reports & Reports to Congress
          Staff Directory
          Funding & Awards
        
                    
  
          Funding & Awards
      
    
          Current Funding
          Forthcoming Funding
          Expired Funding
          Awards: Listing of Funded Projects
          Guidance for Applicants and Awardees
          Fellowship & Student Programs
          Travel Scholarships
          NIJ Challenge Program
          Library & Multimedia
        
                    
  
          Library & Multimedia
      
    
          NIJ Journal
          Podcasts
          Publications Listing
          Multimedia Listing
          Rated Practices on CrimeSolutions
          Rated Programs on CrimeSolutions
          Software & Databases
          Datasets
          Patents
          Topics
        
                    
  
          Topics
      
    
          Article Listing
          Corrections
          Courts
          Crime Prevention
          Crimes
          Drugs and Crime
          Equipment and Technology
          Forensic Sciences
          Youth Justice
          Justice System Reform
          Law Enforcement
          Tribal Crime and Justice
          Victims of Crime
          Events
        
                    
  
          Events
      
    
          NIJ 2024 Research Conference
          Scheduled Events
          On-Demand Events
          Research Meetings & Workshops
          NIJ-Hosted Online Training

                            
                                About
          Contact Us
          Subscribe
          Topics A-Z
                  Share
FacebookXLinkedInRedditPinterestEmail Home
                            Library & Multimedia
 Measuring Judicial and Prosecutorial Discretion: Sex and Race Disparities in Departures From the Federal Sentencing Guidelines
NCJ Number
              216006
Journal

*Justice Research and Policy* Volume: 6 Issue: 2 Dated: Fall 2004 Pages: 45-78
Author(s)
          Amy Farrell
Date Published

2004
Length
              34 pages
Annotation
              This study examined gender and race disparities in downward departures from the Federal Sentencing Guidelines for Federal sentences from 1996 through 1997.
Abstract
              The results indicated that decisions by both judges and prosecutors that departed from the Federal Sentencing Guidelines favorably impacted female defendants in comparison to male defendants. Specifically, the results revealed that among drug-trafficking defendants sentenced in Federal court between 1996 and 1997, female defendants were more likely to receive more lenient sentencing than the guidelines called for in comparison to similarly matched male defendants. White women were more likely to receive downward sentencing departures from prosecutors while women of color were more likely to receive downward sentencing departures from judges. While it appears that females receive more lenient treatment at the hands of prosecutors and judges despite Federal sentencing guidelines, there may be many reasons for the leniency that deserve future research attention. Data were drawn from the Monitoring of Federal Criminal Sentencing data from 1996-1997 and were used to test two main research hypotheses: (1) women are more likely to receive either judge- or prosecutor-motivated departures from Guidelines in comparison to men, and (2) White women are more likely than women of color to receive either judge- or prosecutor-motivated departures from Guidelines. All cases involving drug trafficking, which included 18,536 defendants, that were heard in Federal courts between 1996 and 1997 were examined in terms of the personal characteristics of the defendants, legally relevant characteristics such as criminal history and drug type, and courtroom processes such as pleading guilty. Logistic regression models were used to analyze the data. Future research should focus on the conditions that made female defendants more likely to received downward departures from Federal sentencing guidelines. Tables, footnotes, references, appendix
      
  
          Additional Details
Grant Number(s)
        1999-IJ-CX-0064


  
  
        
  Agencies
        NIJ-Sponsored


  
  
        
  Publication Type
        Report (Study/Research)
    
  
  
Date Published: January 1, 2004
    
          Downloads
        
                      HTML

Side navigation
  

        

  
  
              NIJ Journal
    
      
            
            
            
      Podcasts
    
      
            
            
            
      Publications Listing
    
      
            
            
            
      Multimedia Listing
    
      
            
            
            
      Rated Practices on CrimeSolutions
    
      
            
            
            
      Rated Programs on CrimeSolutions
    
      
            
            
            
      Software & Databases
    
      
            
            
            
      Datasets
    
      
            
            
            
      PatentsRelated Topics
        
                Federal sentencing guidelines
        Judicial Discretion
        Male female offender comparisons
        NIJ Grant-related Documents
        Prosecutorial discretion



  
Similar Publications
        
                      Technical Note – Direct Analysis In Real Time Mass Spectrometry (DART-MS)
                  White Paper – Electronic Medical Records In Medicolegal Death Investigation
                  White Paper – Evolving Approaches And Technologies For Seized Drug Analysis
 Top

      National Institute of Justice

        
        
                        About NIJ
                    About NIJ
      
    
                  How NIJ Is Organized
      
    
                  NIJ Director
      
    
                  Research Disclaimer
      
    
                  Funding & Awards
                    Funding & Awards Home
      
    
                  Awards Listing
      
    
                  Current Funding
      
    
                  Guidance for Applicants and Awardees
      
    
                  Resources
                    Events
      
    
                  Podcasts
      
    
                  Publications
      
    
                  Topics
      
    
                  Multimedia
      
    
                  Reuse Policy
      
    
                  Contacts
                    Contact NIJ
      
    
                  Staff Directory
      
    
                  Submit a FOIA Request
      
    
                  File a Civil Rights ComplaintFacebook
          
                      X
          
                      YouTube
  

      810 7th St. NW, Washington, D.C. 20531
      
              Secondary Footer link menu
            Accessibility
              Plain Language
              Privacy Policy
              Legal Policies and Disclaimer
              No FEAR Act
              Freedom of Information Act
              USA.gov
              Justice.gov