Racial Disparities in Sentencing in the United States There are significant racial disparities in sentencing decisions in the United States.1 Sentences imposed on Black males in the federal system are nearly 20 percent longer than those imposed on white males convicted of similar crimes.2 Black and Latino offenders sentenced in state and federal courts face significantly greater odds of incarceration than similarly situated white offenders and receive longer sentences than their white counterparts in some jurisdictions.3 Black male federal defendants receive longer sentences than whites arrested for the same offenses and with comparable criminal histories.4 Research has also shown that race plays a significant role in the determination of which homicide cases result in death sentences.5
The racial disparities increase with the severity of the sentence imposed. The level of disproportionate representation of Blacks among prisoners who are serving life sentences without the possibility of parole (LWOP) is higher than that among parole-eligible prisoners serving life sentences. The disparity is even higher for juvenile offenders sentenced to LWOP, and higher still among prisoners sentenced to LWOP for nonviolent offenses. Although Blacks constitute only about 13 percent of the U.S. population, as of 2009, Blacks constitute 28.3 percent of all lifers, 56.4 percent of those serving LWOP, and 56.1 percent of those who received LWOP for offenses committed as a juvenile.6 As of 2012, the ACLU’s research shows that 65.4 percent of prisoners serving LWOP for nonviolent offenses are Black.7 The racial disparities are even worse in some states.
In 13 states and the federal system, the percentage of Blacks serving life sentences is over 60 percent.8 In Georgia and Louisiana, the proportion of Blacks serving LWOP sentences is as high as 73.9 and 73.3 percent, respectively.9 In the federal system, 71.3 percent of the 1,230 LWOP prisoners are Black.10 These racial disparities result from disparate treatment of Blacks at every stage of the criminal justice system, including stops and searches, arrests, prosecutions and plea negotiations, trials, and sentencing.11 Race matters at all phases and aspects of the criminal process, including the quality of representation, the charging phase, and the availability of plea agreements, each of which impact whether juvenile and adult defendants face a potential LWOP sentence. In addition, racial disparities in sentencing can result from theoretically “race neutral” sentencing policies that have significant disparate racial effects, particularly in the cases of habitual offender laws and many drug policies, including mandatory minimums, school zone drug enhancements, and federal policies adopted by Congress in 1986 and 1996 that at the time established a 100-toone sentencing disparity between crack and powder cocaine offenses.12