Income and wealth transfer effects of discrimination in sentencing

Conclusion

There is substantial evidence that African—Americans have been subjected to disparate treatment in the sentencing phase of the criminal justice process. ²⁴ the type, method, and extent of the disparity has varied over time and in different locations. To assess the extent of income and wealth transfers resulting from this disparate treatment will require an extensive examination of detailed data by offense type.

The appropriate methodology requires: 1) identification of the offenses where recially discriminatory treatment has occurred; 2) estimates of the numbers of individuals sentenced in a discriminatory fashion; 3) identification of the types and amounts of differential sentencing; 4) valuation of the effect of differential treatment; 5) aggregation of the amounts across offenses and over time (including projections into the future where appropriate); and 6) discounting to present value using an appropriate social discount rate.

Although data may not be available that would allow us to conduct a detailed analysis for many jurisdictions prior to the 1960s, adequate data exist to allow preliminary estimates to be made of the magnitude of income and wealth transfers that the African—American community has experienced as a result of racial discrimination in sentencing.²⁵