Date of Conferral

2021

Degree

Ph.D.

School

Criminal Justice

Advisor

Robert Spivey

Abstract

Research on sentencing outcomes have concentrated on disparities between gender and race with a range of influences in legal decision making. This study was an examination of whether the same form of sentencing inconsistency is found with offenders who were convicted of drug offenses. A quantitative method (ANCOVA) was used to analyze the difference in sentencing outcomes. Data from the United States Sentencing Commission from 2016 fiscal year were used to investigate the role of gender and race in sentencing disparity and examine whether an offender’s prior sentencing history and drug amount influences sentencing outcomes. The results of this study indicated that there was a statistically significant difference in sentencing disparity among genders for male and female offenders, with a small effect size in a large sample size after controlling for drug amount and criminal history. Female offenders received less severe sentences than male offenders. There was a statistically significant difference in sentencing disparity for race with Black and White offenders, but for only one drug offense, cocaine, and not for marijuana and methamphetamine. Black offenders received lengthier prison terms than White offenders. It was confirmed that there was no significant sentencing disparity for the interaction of gender and race for all drug offenses. These results suggest that gender favoritism continues to impact sentencing, and they support the evidence that female offenders receive greater leniency than male offenders. This study adds to empirical evidence for developing sentencing policies, procedures, and laws to bring about positive social change through greater equity in the sentencing of offenders.

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