Research on crime and punishment has long been concerned with racial and ethnic disparities in criminal sentencing, and indeed many studies have found what theories of court processing generally predict: blacks and Hispanics are on average sentenced more harshly than whites, even when taking into account the offender's criminal history and crime severity. Yet prior work in this area rarely considers the substantial heterogeneity that exists within and between racial groups. For instance, President Barack Obama, Justice Clarence Thomas and Presidential Advisor Valerie Jarrett each identify as African American, but they differ markedly in their skin tone. The present research investigates whether such differences in skin color are consequential for decisions made in American criminal courts. In addition, the research examines whether facial characteristics of defendants, such as Afrocentric features, facial tattoos, or other indicators of non-conformity influence punishment outcomes, as well as the extent that these factors might be contingent on the race of the judge.
These and related questions motivate this research, which systematically investigates the effects of offender skin tone and physical appearance on criminal sentencing outcomes. Booking photos from a large sample of male offenders in two Minnesota counties are coded on several criteria, thus allowing for an analysis of color and appearance effects. These data are combined with sentencing information from the Minnesota Sentencing Guidelines Commission for a sample of approximately 1,000 males convicted of felonies in 2009. In addition to random samples of white and black defendants, Hispanic, Asian, and Native Americans are oversampled to enable analyses of these understudied groups. This study contributes unique knowledge to ongoing debates over racial equality in society and significantly advances extant research and theorizing on decision making processes and outcomes involving unwarranted disparities in the American criminal justice system. The findings also inform policy debates concerning sentencing guidelines and may push the study of race and punishment in a new direction by determining whether skin hue, and not merely categorical race, matters in the halls of justice.
Media discourse and academic research on crime and punishment have long been intertwined with racial and ethnic relations in society. However, at least one set of issues germane to race and punishment remains understudied – the effect, if any, that granular distinctions in skin hue and other phenotypic features of criminal defendants have on punishment outcomes. Most research on race and punishment focuses on race as a discrete, categorical variable, passing over the fact that heterogeneity exists within racial categories. For instance, President Barack Obama, Supreme Court Justice Clarence Thomas, and Presidential Advisor Valerie Jarrett each identify as African American, but they differ markedly on skin tone and other aspects of appearance. Research on other topics, such as hiring, segregation, and success in political elections, shows that African Americans with darker skin are less likely to be hired, more likely to be segregated, and less electable than their lighter-skinned counterparts. We investigate whether comparable patterns exist in the criminal justice system. This project resulted in several findings and products, including the following: First, the data collection effort produced a unique dataset with information on criminal histories, sentencing outcomes, and detailed coding of booking photographs of nearly 1,200 offenders sentenced in either Hennepin or Ramsey County, Minnesota. Many of the variables in this dataset are unavailable in standard sentencing files, such as perceptions of the person as dangerous, Afro- and Eurocentric facial features, and gradations of skin darkness. Importantly, and unlike other work on this topic, our sample includes defendants sentenced to prison and those receiving probation. Second, seven graduate students received hands-on research experience throughout this research. They gained experience in the areas of coding, data analysis, file management, and manuscript preparation. Third, one master’s thesis has been written based on the data, and we expect more use by students in the future. The project has also been well received in the academic community, as evidenced by invited presentations at Yale University and the University of Wisconsin. Fourth, the research has been synergistic with pedagogy. The investigators have used the data, method, and findings as teaching aids for students in a variety of classes, including courses on the courts, sentencing, law, and research methods. Finally, several noteworthy findings are reported in multiple papers under review at leading disciplinary journals. We highlight some notable descriptive information and substantive findings below. Descriptive Information - The descriptive data on skin tone indicate considerable variation within each racial group. For instance, on a 1-7 scale of skin complexion, some white offenders scored higher than three, some African Americans score less than two, and ratings of Native Americans and Hispanics ranged from one to five. In short, there is reason to investigate color differences within each of the respective racial and ethnic groups. - Similar results emerge for other facial characteristics, including the presence of Eurocentric versus Afrocentric facial features. Substantive Findings - In the context of a sentencing guidelines state such as Minnesota, no racial or color disparities were found when analyzing sentence length among those who received a prison sentence. - However, racial disparities were found for the type of sentence received, such that non-white racial groups were more likely to receive prison sentences than whites, net of criminal history, the presumptive sentence, and other demographic control variables. - Offenders coded in the official data as ‘white,’ but having darker than average skin complexions, were sentenced more harshly than light-skinned whites. However, the former offenders were likely to have Hispanic surnames. Additional analysis suggested that intra-white differences based on skin tone are attributable to ethnicity. - White offenders with Afrocentric facial features are treated more harshly than whites with Eurocentric features. - Much of the racial disparity between blacks and whites in sentencing is attributable to harsh treatment of blacks with very dark skin tones (greater than or equal to 6 on our 7-point scale). For instance, when we compare those with very dark skin to all other offenders coded as African American in the official data, or when comparing dark-skinned African Americans to whites, we see a higher probability of a prison sentence for the very dark-skinned African Americans, controlling for prior record, offense type, presumptive sentence, and other factors. - Subjective perceptions of dangerousness, culpability, and the ability to handle harsh prison environments are also associated with defendants’ race and skin tone.
