The Joint Effects of Race, Ethnicity, Gender, and Age on the Incarceration and Sentence Length Decisions

• Author: Alyssa M. Sheeran,Tina L. Freiburger
• Date: 01 April 2020
• Published date: 01 April 2020
• DOI: 10.1177/2153368717739676
• Subject Matter: Articles

Article
Race and Justice
2020, Vol. 10(2) 203-222
The Joint Effects of Race,
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Ethnicity, Gender, and Age
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DOI: 10.1177/2153368717739676
on the Incarceration and
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Sentence Length Decisions
Tina L. Freiburger1 and Alyssa M. Sheeran1
Abstract
The current study adds to the literature examining the effects of race, ethnicity,
gender, and age on sentencing decisions. The results indicate that Black and male
defendants were more likely to be incarcerated in jail as opposed to receiving a
probation sentence than White and female defendants. When race, ethnicity, and
gender interactions were considered, it appeared that the race effect was driven by
Black males’ reduced likelihood to receive probation as opposed to jail. Black females
were the least likely to be jailed. Age interactions revealed that being young dis-
advantaged Black males but advantaged other groups. The decision to incarcerate a
defendant in jail versus prison was not significantly influenced by race, ethnicity, or
gender. When sentence length was examined, Black males received significantly
shorter jail sentences than all groups except Black females. When age was considered,
Hispanic defendants 30–39 received longer jail sentences than almost every group.
Keywords
sentencing, focal concerns, racial disparities, gender disparities
One of the most concerning issues in the criminal justice system is the possibility that
disparities based on extralegal factors exist in the criminal sentencing of defendants.
Especially concerning is the impact that race, ethnicity, and gender have on punish-
ment decisions. Many studies have found that race significantly impacts sentencing
1 Department of Criminal Justice, University of Wisconsin–Milwaukee, Milwaukee, WI, USA
Corresponding Author:
Tina L. Freiburger, Department of Criminal Justice, University of Wisconsin–Milwaukee, P.O. Box 786,
1119 Enderis Hall, Milwaukee, WI 53201, USA.
Email: freiburg@uwm.edu

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Race and Justice 10(2)
decisions, with Black defendants receiving harsher sentences than White defendants
(for reviews see Chiricos & Crawford, 1995; Kramer & Steffensmeier, 1993; Mitchell,
2005; Steffensmeier, Ulmer, & Kramer, 1998; Zatz, 2000). Despite some mixed
findings, studies that included ethnicity have mostly found that Hispanic defendants
were also sentenced more harshly than White defendants (Engen & Gainey, 2000;
Holleran & Spohn, 2004; Jordan & Freiburger, 2015; Spohn & Holleran, 2000;
Steffensmeier & Demuth, 2000, 2001; Ulmer & Johnson, 2004).
Recent research into the fairness of the court has recognized that race and ethnicity
have different effects on the sentencing of men and women. This research recognizes
that the experiences of Black, Hispanic, and White men are different than that of
Black, Hispanic, and White women (e.g., Doerner & Demuth, 2014; Freiburger &
Hilinski, 2013; Jordan & Freiburger, 2015; Steffensmeier et al., 1998). While this
research has helped to develop a better understanding of how race and ethnicity
differently affect men and women, the results have been inconsistent. Some of these
studies have found that White females are treated more leniently than minority
females (e.g., Crawford, 2000; Steffensmeier et al., 1998), while others found that
Black females received the most lenient treatment (Spohn & Beichner, 2000; Stef-
fensmeier & Demuth, 2006). Additional research considering race, ethnicity, gender,
and age has found that young Black males are the most disadvantaged (e.g., Spohn &
Holleran, 2000; Warren, Chiricos, & Bales, 2012).
Additional studies conducted by Spohn and colleagues (Harrington & Spohn,
2007; Holleran & Spohn, 2004) have challenged the dichotomous measurement of
incarceration. This research recognizes that jail and prison are qualitatively differ-
ent, and this difference should be recognized in quantitative research. Several
studies have followed this line of inquiry and have examined the effect of gender,
race, and ethnicity on the decision to sentence a defendant to probation, jail, or
prison separately. These studies have indicated that the impact of gender, race, and
ethnicity was different for the decision to sentence a defendant to jail or prison
(Freiburger & Hilinski, 2013; Harrington & Spohn, 2007; Holleran & Spohn, 2004;
Warren et al., 2012; Wooldredge, 2012). Therefore, it was important to distinguish
between sentencing decisions to jail and prison to truly understand where disparities
exist. The current study extends this body of research examining the impact of race,
ethnicity, gender, and age on judges’ decisions to sentence defendants to community
sanctions, jail, or prison.
Theoretical Perspective
The focal concerns perspective, developed by Steffensmeier, Ulmer, and Kramer
(1998) provides an explanation as to how legal and extralegal variables impact sen-
tencing. It argues that judges rely on the three focal concerns of blameworthiness,
community protection, and practical constraints when making punishment decisions.
When assessing blameworthiness, judges consider factors such as severity of the
offense, criminal history, and the defendant’s responsibility in the crime. Protection of
the community relates to similar concepts as blameworthiness but also emphasizes the

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Freiburger and Sheeran
205
importance of incapacitation in preventing a defendant from reoffending. Finally,
practical constraints consider the individual and organizational costs of punishing a
defendant. Individual costs can include the impact that the punishment will have on
the defendant’s family and community, while the organizational costs consider costs
to the system, such as available jail space (Steffensmeier et al., 1998).
Judges, however, seldom have adequate time and information to adequately
assess these three concerns, so they rely on a perceptual shorthand to reduce
uncertainty in making these decisions (Hawkins, 1981; Steffensmeier et al., 1998).
This perceptual shorthand relates extralegal factors such as race, ethnicity, gender,
and age to personal beliefs and stereotypes in the assessment of the three focal
concerns. This can lead to defendants who possess the demographics of the ste-
reotypical “dangerous and chronic offender” to be sentenced more harshly. Younger
defendants fit the profile of being more dangerous, and their incarceration can be
viewed as posing fewer individual costs than older defendants. Similarly, females
are often considered to be less blameworthy and less dangerous than males
(Steffensmeier, Kramer, & Streifel, 1993; Steffensmeier et al., 1998). Additional
research has further found that judges are more concerned about the social costs of
incarcerating females because they are often the main caretaker of children (see
Daly, 1987a, 1987b; Freiburger, 2010, 2011). Minority males, especially Black
males, also match the stereotype of being dangerous and blameworthy. Mainly,
therefore, the perceptual shorthand works to the disadvantage of young Black men
(Spohn & Holleran, 2000; Steffensmeier & Demuth, 2006).
Prior Research
Race, ethnicity, and sentence severity. Research investigating the effects of racial dis-
parity in the sentencing decision has most commonly found that Black defendants
were treated more harshly when compared to their White counterparts (for reviews see
Chiricos & Crawford, 1995; Kramer & Steffensmeier, 1993; Mitchell, 2005; Stef-
fensmeier et al., 1998; Zatz, 2000). Prior research that has included Hispanic defen-
dants is more mixed. Several studies have found that Black and Hispanic defendants
were treated similarly, but both had a higher likelihood of incarceration than White
defendants (Doerner & Demuth, 2010; Spohn & Beichner, 2000; Spohn & Holleran,
2000; Steffensmeier & Demuth, 2000, 2001, 2006). Other research comparing the
treatment of Black and Hispanic defendants has found that Hispanic defendants were
treated more harshly than Black and White defendants (Brennan & Spohn, 2008;
Bushway & Piehl, 2001; Doerner & Demuth, 2014; Holleran & Spohn, 2004).
Additional studies have concluded that Black defendants were actually treated more
severely than Hispanic or White defendants (e.g., Kutateladze, Andiloro, Johnson, &
Spohn, 2014; Spohn & Beichner, 2000).
There is further evidence that the treatment of Hispanic defendants might vary by
jurisdiction. For example, Spohn and Holleran (2000) examined the effects of race and
ethnicity in Chicago, Miami, and Kansas City. Black and Hispanic defendants had
significantly higher odds of incarceration than White defendants in Chicago. In

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Race and Justice 10(2)
Miami, Hispanic defendants had significantly higher odds of incarceration than White
defendants, but no difference was found in odds of incarceration for White and Black
defendants.
The effect of race and ethnicity on the sentence length decision has produced mixed
findings. For race, some researchers have found that Black defendants are incarcerated for
longer periods than White defendants (Feldmeyer & Ulmer, 2011; Spohn & Holleran,
2000; Steffensmeier et al., 1998). Steffensmeier and Demuth (2006), however, did not
find a significant difference between the sentence lengths that White and Black defen-
dants received but found that Hispanic defendants received significantly longer sentences
than White defendants. Contrary to their findings, Feldmeyer and Ulmer (2011) found
that in federal court White and Hispanic defendants received sentences that were similar
in length. Spohn and Holleran (2000)...