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66 Crime & Delinquency 3 (2020)

handle is hein.journals/cadq66 and id is 1 raw text is: 

Article


                                                         Crime & Delinquency
                                                         2020, Vol. 66(I) 3-32
Racial Disparities in                                   © The Author(s) 2019
                                                       Article reuse guidelines:
              Feder Sentencing                   sagepub.com/jou rals-permissions
                                                 DOI: 10.1177/0011128719828353
Outcomes: Clarifying the                          journas.sagepub.com/hone/cad
Role of Criminal History                                      OGE




Travis W. Franklin' and Tri Keah S. Henry'




Abstract
Racial and ethnic sentencing disparities are frequently conditioned by offender
and case characteristics (e.g., gender, crime type). Offenders' criminal history
is a potentially important conditioning factor, yet this issue has only been
addressed by a small body of research. Moreover, no study has examined
this potential conditioning effect among Asian or Native American offenders,
and prior research has typically adopted a limited theoretical approach for
explaining why criminal history might condition racial disparities. The present
study addresses these shortcomings in an analysis of United States Sentencing
Commission data for fiscal years 2010-2012. Results indicate that race and
ethnicity effects are conditioned by criminal history in important ways.
Implications for theory, research, and practice are discussed.


Keywords
sentencing, disparity, race, ethnicity, criminal history


Introduction
Equality under the law is a central tenet of the American justice system (see
Franklin, 2018; Kleck, 1981). Researchers have assessed court actors'


'Sam Houston State University, Huntsville, TX, USA

Corresponding Author:
Travis W. Franklin, Associate Professor, Sam Houston State University, P.O. Box 2296,
Huntsville, TX 77340, USA.
Email: tfranklin@shsu.edu

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