> Our analysis shows that one factor—racial and ethnic differences in the type and severity of initial charge—accounts for over 70 percent of the disparities in sentence length. We explore several mechanisms by which racial disparities in initial charging decisions lead to the substantial average disparities we document. We find that:
- Black and Latinx people are more likely to have their cases resolved in Superior Court where the available sentences are longer, both because they are more likely to receive charges for which the Superior Court exercises exclusive jurisdiction and because prosecutors are more likely to exercise their discretion to bring their cases in Superior Court instead of District Court when there is concurrent jurisdiction.
- Black and Latinx people charged with drug offenses and weapons offenses are more likely to be incarcerated and receive longer incarceration sentences than White people charged with similar offenses. This difference persists after controlling for charge severity and additional factors.
- Black and Latinx people charged with offenses carrying mandatory minimum sentences are substantially more likely to be incarcerated and receive longer sentences than White people facing charges carrying mandatory minimum incarceration sentences.
> Our analysis shows that one factor—racial and ethnic differences in the type and severity of initial charge—accounts for over 70 percent of the disparities in sentence length. We explore several mechanisms by which racial disparities in initial charging decisions lead to the substantial average disparities we document. We find that:
- Black and Latinx people are more likely to have their cases resolved in Superior Court where the available sentences are longer, both because they are more likely to receive charges for which the Superior Court exercises exclusive jurisdiction and because prosecutors are more likely to exercise their discretion to bring their cases in Superior Court instead of District Court when there is concurrent jurisdiction.
- Black and Latinx people charged with drug offenses and weapons offenses are more likely to be incarcerated and receive longer incarceration sentences than White people charged with similar offenses. This difference persists after controlling for charge severity and additional factors.
- Black and Latinx people charged with offenses carrying mandatory minimum sentences are substantially more likely to be incarcerated and receive longer sentences than White people facing charges carrying mandatory minimum incarceration sentences.