Sentencing in South Carolina: A comparison of race, gender and age on the sentencing outcomes of drug offenders.

摘要

This study examined the disparities between sentencing length and the variables race, gender and age in South Carolina in relationship to crack and cocaine crimes. Growing concerns regarding sentencing disparities had been the focus for media and communities, and ultimately led to major changes in the Sentencing Commission Guidelines. Therefore, the purpose of this study was to determine which variables correlated with sentencing length. The problem existed from research and literature that supported differences in sentencing of offenders who committed similar crimes with similar criminal history for drug related offenses. General systems theory and institutional theory focused on the criminal justice system as an organizational structure which was congruent with the court system that guided the sentencing process. Using these theories led to debates of how the system might be biased even if unintentional or unrecognized. This quantitative correlational study was guided by four research questions that examined the correlations between each variable (race, gender and age) to the sentencing length for distribution, trafficking and possession of crack and powdered cocaine crimes in South Carolina; and the confluence of race, gender and age to sentencing length. The results supported the literature with 50% of Black offenders sentenced longer than other minorities and Whites; female offenders receiving milder sentences; and younger inmates sentenced longer. It was concluded that there were positive correlations between sentencing lengths to race, gender and age. Findings showed implications for sentencing guidelines, judges' decision-making, and policy-makers that continued to affect sentencing lengths. It was recommended for a quantitative comparative study be conducted on sentencing practices of circuits in South Carolina.