Marta Soriano
Sentencing young minority males for drug offenses
Abstract
Recent findings tend to show that whites receive milder sentencing outcomes than minorities;
although findings are mixed regarding whether Hispanics or African Americans receive the
harshest sentences (see Mitchell, 2005; Steffensmeier and Demuth, 2006). The present study uses
a random sample of offenders convicted of drug felonies. The researchers hypotheses is as
follows: they predict that young minority males will pay a penalty cost at sentencing, and
comport with recent research on drug sentences and the conditional effects of race/ethnicity,
gender and age on sentencing. This data had the advantages of being collected during 1991, the
peak of the Reagan-Bush drug war, when fears and prejudices regarding minorities and drug
crimes were heightened (see Tonry, 1995); and, because the data came from Texas, it contains
sizable proportions of Hispanics and African Americans, as well as Whites.
Sentencing Research on Hispanics
Marjorie Zatz (1984) was among the first to discuss the need to involve Hispanics in sentencing
research. Before then Hispanics were included under the White or Black categories depending on
what outcome the researcher was expecting. Studies that use this type of separation underestimate
potential Black-White differences in sentences. Among federal sentencing cases, Steffensmeier
and Demuth (2000) found that Whites were less likely than African American of Hispanics to be
incarcerated and, among those receiving incarceration, Whites received shorter sentences. Their
findings also indicated that differences between Hispanics and Whites were greater than
differences between Blacks and Whites, especially for drug cases.
Conditional Effects between Gender and Age
Gender and age has a lot to do with what type of sentence is given. Below are different points to
take into consideration.
 Hispanic and African American women were more likely to be sentenced to jail than
White women.
 African American and Hispanic males are more likely to be put in prison and receive
longer sentences.
 Young Hispanic males were less likely to receive downward departures from sentencing
guidelines.
 Women receive milder sentences than men
 Minorities receive harsher sentences than Whites
 Offenders in there 20s receive harsher sentences than those who are older or younger.
 Older offenders are seen as less danger to the community and may be more expensive to
society to keep them incarcerated.
 Younger offenders (under 21), may be viewed as less responsible for their crimes and
more vulnerable to criminal socialization if they are incarcerated.
Race/Ethnicity and sentences for drug crimes
The type of crime that was researched in this article was regarding drug offenses of minorities
compared to drug offenses of Whites.
The research outcome showed that minorities received more severe sentences than Whites.
African Americans and Hispanics are mostly associated with drugs such as crack cocaine and
heroin, respectively, which are harshly punished in the court system; while Whites tend to be
2
associated with drugs such as marijuana and powdered cocaine which may be viewed more
leniently by the court system (see Barnes and Kingsnorth, 1996; Wooldredge, 1998;
Steffensmeier and Demuth, 2000; Kautt and Spohn, 2002). Hispanics may also be targets when
other issues are taking into consideration such as, high immigration rates, how to deal with illegal
immigrants, and the stereotype of ‘narcotrafficante’ drug smugglers. Research has also
discovered that it is not necessarily about the actual drug crimes people fear rather this “drug
crimes” saying is used as an excuse of society’s fear of minorities. Tonry (1995) argued that the
US War on Drugs is specifically directed toward minorities, particularly African Americans, with
heavy law enforcement in poor minority areas and especially harsh penalties for ‘minority drugs’
such as crack cocaine (Theodore R. pg.259).
Two different theories were mentioned while conducting this research. Conflict theory and focal
concerns theory, conflict theory has to do with cultural and structural features of society. Judicial
attributions of the court system are linked to stereotypes about race/ethnicity and gender;
therefore harsher/longer sentences will be given to young minority males. In accordance with
conflict theory, Barnes and Kingsnorth (1996) argue that social policy concerning drugs may not
be just about controlling particular drugs but may also represent a response by society to attempt
to control certain groups who are seen as threatening or problematic (Curry p.259). Likely focal
concerns theory predicts that judge’s carryout there decisions according to certain criteria. The
criteria that are taken into consideration are as follows: blameworthiness, protection of the
community, and practical constraints and considerations. In terms of drugs focal concerns theory
believes that young minority male offenders are to be perceived as especially blameworthy for
their crimes and deserving of punishment, more dangerous to society, more likely to recidivate
and less likely to be deterred and better able to withstand the rigors of incarceration, thereby
leading to harsher sentencing outcomes (see Steffensmeier and Demuth, 2000, 2001, 2006). I
agree with the thoughts on conflict theory because society will always make stereotypes about
race/ethnicity. That does not mean that judges have to act on those stereotypes. As far as focal
concern theory I think it’s a bunch of nonsense. The criteria judges make does not apply to
everyone. I know for a fact that they do not take into consideration practical constraints and
considerations of the offender. If they did there would not exist so many single mothers,
fatherless children, etc. I’m very doubtful that a judge can look at minorities and know that they
are a danger to Whites, can take jail time, will not be rehabilitated, and all the other negative
attributions given to minorities.
Sample
Data was taken from a random sample of convicted felons from the 7 largest counties in Texas.
Texas then and now are much known for judges having so much discretion over sentencing
outcomes. The main offense researchers looked at was drugs- possession, delivery or possession
of powdered cocaine, crack cocaine, heroin, and marijuana. Since this broad discretion exists
offenders received anything from probation to ninety-nine years incarceration. Since Texas has
no sentencing guidelines or mandatory minimum sentences, conflict and focal concerns theory
show to exist in Texas.
Results/Findings
When it comes to who receive the harsher sentences was partially supported, prison sentences
was 9 percent higher for African American offenders compared to Whites, however there was no
difference between White and Hispanic. The age difference between minority offenders was
supported, the likelihood being that the youngest and the oldest are less likely to be incarcerated,
so the ones in the middle 20-39 are most likely to be incarcerated. Results for gender coincide
with the hypothesis; research shows that male offenders are approximately 22 percent more likely
to receive a prison sentence than females. Something else that came up was that offenders who
3
had a private attorney had a better chance to reduced sentencing. This reminded me of a book
called the rich get richer and the poor go to jail. When it comes to sentencing length the research
outcomes support the researcher’s hypothesis. Black males had about an 18 percent greater
probability and Hispanic males a 17 percent greater probability of receiving a prison sentence
than White males and females, Black females, and Hispanic females put together. Regarding
sentence length finding were similar, male offenders received 20 percent longer sentences than
females and African American offenders received 19 percent longer sentences than Whites. In
that perspective no effect was seen for Hispanics. The effect of age varied for minority groups,
Black males aged 22-30 were seen more likely of being incarcerated, Hispanic males aged 31-40
were seen more likely of being incarcerated.
Conclusion
One of the articles strengths is that the researchers included a variety of characteristics while
obtaining data. They looked into prior records, offense seriousness, and total convictions of the
offender rather than just looking at what was on record at the time. It was also suggested that
future researchers should continue to include multiple offender characteristics in order to better
predict and understand the causes of disparities in sentencing outcomes. In my opinion focal
concerns theory has that covered. My opinion is supported by; the focal concerns of judges
represent the more proximate cause of sentencing outcomes, but that the content of certain focal
concerns is rooted in the features of culture and structure posited by conflict theory (Curry
pg.269). An area I thought could be considered a weakness is the data tables in the article. There
were about 6 tables, I understood some of the information but not all of it. So if they are trying to
get the message across a layperson it may not work. Something else that may be a weakness is
that, age on sentence length was weak. In fact the outcome showed that very young offenders
received shorter sentences compared to every one else. The researcher’s hypotheses and purpose
were supported strongly by previous research. The article mentions that the sizes of the present
research are stronger than previous research. So, future research will most likely continue to give
the same results unless focal concerns theory changes and judges going in may not view
minorities through the same lens as before. This article encouraged me to read other articles so
that I can know what is truly going on and that way I can defend my believes and self. I’m not
sure if I will live to see the day when focal concerns theory will be proven wrong but as for now I
try my best not to stereotype individuals because we are all human. Ones race/ethnicity in my
opinion should not speak for every one because you have good, bad, delinquents, uneducated,
ghetto, educated, poor, and rich in any race/ethnicity you encounter.
4
References
Barnes, C. W., & Kingsnorth, R. (1996). Race, drug, and criminal sentencing: Hidden effects of
the criminal law. Journal of Criminal Justice, 24(1), 39-55.
Curry, T. R., & Corral-Camacho, G. (2008). Sentencing young minority males for drug offenses:
Testing for conditional effects between race/ethnicity, gender and age during the US war
on drugs. Punishment & Society, 10(3), 253-276.
Kautt, P. & Cassia, S. (2002). Crack-ing down on black drug offenders? Testing for
interactions among offenders race, drug type, and sentencing strategy in federal drug
sentence. Justice Quarterly, 19(1), 1-35.
Mitchell, O. (2005). A meta-analysis of race and sentencing research: Explaining the
inconsistencies. Journal of Quantitative Criminology, 21(4), 439-466.
Steffensmeier, D. & Stephen, D. (2000). Ethnicity and sentencing outcomes in U.S. federal
courts: Who is punished more harshly? American Sociological Review, 65(5), 705-729.
Steffensmeier, D. & Stephen, D. (2001). Ethnicity and judges’ sentencing decisions: Hispanicblack-white comparisons. Criminology, 39(1), 145-178.
Steffensmeier, D. & Stephen, D. (2006). Does gender modify the effects of race-ethnicity on
criminal sanctioning? Sentences for male and female white, black, and Hispanic
defendants. Journal of Quantitative Criminology, 22(3), 241-261.
Tonry, M. (1995). Malign neglect: Race, crime and punishment in America. New York: Oxford.
Wooldredge, J. D. (1998). Analytical rigor and studies of disparities and criminal case processing.
Journal of Quantitative Criminology, 14(2), 155-179.
Zatz, M. S. (1984). Race, ethnicity, and determinate sentencing: A new dimension to an old
controversy. Criminology, 22(2), 147-171.