Racial/Ethnic Threat and Federal Sentencing

Journal of Research in Crime and Delinquency, Forthcoming

38 Pages Posted: 28 Mar 2010

See all articles by Ben Feldmeyer

Ben Feldmeyer

University of Tennessee, Knoxville

Jeffery Todd Ulmer

Penn State University

Date Written: March 23, 2010


This study examines whether federal sentencing decisions are influenced by the racial/ethnic composition of federal court districts. Multilevel models of individual cases within federal judicial districts show that black defendants receive moderately longer sentences than whites, and that Hispanics and whites receive similar sentences. These race/ethnicity effects on sentence length are found to vary across federal districts, but not as predicted by racial threat theory. In contrast to racial threat predictions, black sentence lengths are not significantly conditioned by the district black population. Contrary to racial threat predictions, Hispanic defendants receive the harshest sentences when they account for the smallest share of the population (1-3 percent) and the most lenient sentences when they make up more sizable shares of district populations (more than 27 percent). Our results indicate that racial threat theory provides an inadequate explanation of how social contexts influence the federal sentencing of blacks and Hispanics.

Keywords: federal sentencing, race, ethnicity, disparity

Suggested Citation

Feldmeyer, Ben and Ulmer, Jeffery Todd, Racial/Ethnic Threat and Federal Sentencing (March 23, 2010). Journal of Research in Crime and Delinquency, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1577246

Ben Feldmeyer

University of Tennessee, Knoxville ( email )

The Boyd Center for Business and Economic Research
Knoxville, TN 37996
United States

Jeffery Todd Ulmer (Contact Author)

Penn State University ( email )

Department of Sociology
211 Oswald Tower
University Park, PA 16802
United States

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