There are significant racial disparities in sentencing decisions in the United States.1
Sentences imposed on Black males in the federal system are nearly 20 percent longer than those
imposed on white males convicted of similar crimes.2
Black and Latino offenders sentenced in
state and federal courts face significantly greater odds of incarceration than similarly situated
white offenders and receive longer sentences than their white counterparts in some jurisdictions.3
Black male federal defendants receive longer sentences than whites arrested for the same
offenses and with comparable criminal histories.4
Research has also shown that race plays a
significant role in the determination of which homicide cases result in death sentences.5
2
The racial disparities increase with the severity of the sentence imposed. The level of
disproportionate representation of Blacks among prisoners who are serving life sentences
without the possibility of parole (LWOP) is higher than that among parole-eligible prisoners
serving life sentences. The disparity is even higher for juvenile offenders sentenced to LWOP,
and higher still among prisoners sentenced to LWOP for nonviolent offenses. Although Blacks
constitute only about 13 percent of the U.S. population, as of 2009, Blacks constitute 28.3
percent of all lifers, 56.4 percent of those serving LWOP, and 56.1 percent of those who received
LWOP for offenses committed as a juvenile.6
As of 2012, the ACLU’s research shows that 65.4
percent of prisoners serving LWOP for nonviolent offenses are Black.7
https://www.aclu.org/sites/default/files/assets/141027_iachr_racial_disparities_aclu_submission_0.pdf