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Intersections of Citizenship and Race/Ethnicity in Federal Sentencing: Unwarranted Disparities in Incarceration and Sentence Length

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Abstract:

In light of the theoretical and research gap in exploring unwarranted disparity stemming from an offender’s citizenship status, the present study formulates a theoretical framework and uses the 2006 federal sentencing data to assess the independent and interactive effects of citizenship status and race/ethnicity on the likelihood of incarceration and sentence length. Specifically, this paper examines the between-group relationship in terms of citizenship status and the within-group relationship in terms of race/ethnicity. We employ conflict theory to explain the effects of citizenship status and typification theory to explain the effects of race/ethnicity. Threat hypotheses embedded in the two theories are used to understand the interactive relationship of citizenship and race/ethnicity. Findings indicate that federal judges tend to view noncitizens as an entire group, regardless of their race/ethnicity, and sentence noncitizens more harshly because of social threat they pose. Findings provide stronger support for conflict theory than for typification theory. The double-threat (or double-disadvantage) hypothesis is not supported.
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Association:
Name: ASC Annual Meeting
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http://www.asc41.com


Citation:
URL: http://citation.allacademic.com/meta/p372992_index.html
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MLA Citation:

Wu, Jawjeong. and DeLone, Miriam. "Intersections of Citizenship and Race/Ethnicity in Federal Sentencing: Unwarranted Disparities in Incarceration and Sentence Length" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA, Nov 04, 2009 <Not Available>. 2014-11-28 <http://citation.allacademic.com/meta/p372992_index.html>

APA Citation:

Wu, J. and DeLone, M. A. , 2009-11-04 "Intersections of Citizenship and Race/Ethnicity in Federal Sentencing: Unwarranted Disparities in Incarceration and Sentence Length" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA <Not Available>. 2014-11-28 from http://citation.allacademic.com/meta/p372992_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In light of the theoretical and research gap in exploring unwarranted disparity stemming from an offender’s citizenship status, the present study formulates a theoretical framework and uses the 2006 federal sentencing data to assess the independent and interactive effects of citizenship status and race/ethnicity on the likelihood of incarceration and sentence length. Specifically, this paper examines the between-group relationship in terms of citizenship status and the within-group relationship in terms of race/ethnicity. We employ conflict theory to explain the effects of citizenship status and typification theory to explain the effects of race/ethnicity. Threat hypotheses embedded in the two theories are used to understand the interactive relationship of citizenship and race/ethnicity. Findings indicate that federal judges tend to view noncitizens as an entire group, regardless of their race/ethnicity, and sentence noncitizens more harshly because of social threat they pose. Findings provide stronger support for conflict theory than for typification theory. The double-threat (or double-disadvantage) hypothesis is not supported.


Similar Titles:
Citizenship Status in Federal Criminal Sentencing: An Examination of Defendants' Country of Origin and Sentencing Disparities

The Intersection of Citizenship Status and Ethnicity in Federal Sentencing

Fast Track Programs and Unwarranted Sentencing Disparity: Prosecutorial and Judicial Discretion in Federal Immigration Cases


 
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