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"Racial Disparity in the Wake of the Booker/Fanfan Decision: An Alternative Analysis to the USSC?s 2010 Report"

By Douglas A. Berman

The title of this post is the title of this notable new paper from a set of criminologists that is now available via SSRN. Here is the abstract: The U.S. Sentencing Commission (USSC) released a report in March 2010 concluding that racial disparity in federal sentencing has increased in the wake of the U.S. Supreme Court decisions in U.S. v. Booker (2005) and U.S. v. Gall (2007).  In light of this USSC report, we provide an alternative set of analyses which we believe provides a more complete and informative picture of racial, ethnic, and gender disparity in federal sentencing outcomes. We first attempt to replicate the USSC?s models.  Then we present alternative models of sentencing outcomes across three time periods spanning FY 2000 to 2009...continue to full post

Full post as published by Sentencing Law and Policy on September 14, 2010 (boomark / email).