The relationship between ethnicity and criminal sentencing has been a controversial issue

for hundreds of years. Studies have shown a strong link between race and harsher sentencing
(Demuth, & Steffensmeier, 2004; Brennan, & Spohn, 2009). Discrimination in the court system
is more often shown by handing down longer sentencing to minority defendants (Sweeney, &
Haney, 1992). In other words, punishing a defendant more readily because of the belief that
members of his racial group were more likely to be guilty, or punishing a defendant more harshly
because the decisionmaker believed crimes committed by members of that racial group were per
se more heinous (Sweeney, & Haney, 1992 p. 179). Even in the case of juvenile Black
defendants, these defendants received more jail time for their crimes than white juvenile
defendants (Howell, & Hutto, 2012). The issue of racial disparity in the court is blind to age as
well.
Does ethnicity and criminal sentencing always depend on the race of the defendant, or
could the race of the judge and the juror factor in? Research has been done to determine if the
race of the judge has any effect on the sentencing of a black defendant (Freiburger, 2010; Spohn,
1990). Cassia Spohn found that the race of the judge had nothing to do with the sentencing. The
length of the sentence was determined more by the severity of the crime committed, black
defendants still receiving longer sentences (1990). On the other hand, Tina Freiburger found that
black judges would deliver longer sentences than that of white judges to black defendants
(2010). According to Wuensch, Campbell, Kesler, & Moore (2002), jurors are more likely to
favor the defendants that are the same race and/or gender as themselves. Should judges be able to
use the ethnicity of the defendant to determine the sentence of that defendant? Johnson, Stewart,
Pickett & Gertz (2011) examined public support for the consideration of ethnicity in judicial
sentencing. Finding consisted of 69% of the respondents do not support the use of ethnicity in

making a sentencing decision, while 31% of the respondents were in support of the use of
ethnicity in making a sentencing decision.
Facial features, skin tones, level of attractiveness, and socioeconomic status also
influence the length of a defendants sentence. The more afrocentric features a defendant had, the
longer the sentence would be, no matter if the defendant were black or white (Blair, Judd, &
Chapleau, 2004). Using computer images of faces, white perceivers were more responsive to
facial metrics over skin tone. Black perceivers responsive were opposite and Korean perceivers
were more responsive to both skin tone and facial metrics. As for black faces, skin tone and
metrics were of equal responses (Strom, Zebrowitz, Zhang, Bronstad, & Lee, 2012). Does the
attractiveness of the defendant play a part in the sentencing process? According to Gray and
Ashmore (1976), unattractive individuals receive nearly a year and half longer sentences than
attractive individuals. Siguall and Ostrove (1975) found that when the offense was attractive
related (swindling) the unattractive defendant was sentenced less harshly, but when the
unattractive related offense (burglary) was committed by an attractive defendant, the punishment
was more severe. Research confined to Mexican American and European American
race/ethnicity found that the low socioeconomic status (ses) contributed to the length of sentence
of low Mexican American by European American. In the same study, Mexican American had no
bias against low ses Mexican American or European Americans. This study help to show that
bias is shown in other races besides black when it comes to negative characteristic and traits
(Esqueda, Espinoza, & Culhane 2008).
Stereotypes and the use of racial slur, when it comes to certain crimes and certain races,
can influence the sentencing of a black defendant and the use of the term hate crime. Sunnafrank
and Fontes (1983) found that, when given a list of ten crimes and ten criminal wanted poster

photos (5 black and 5 white), participants who were asked to match the crime with the photo
stereotypically matched the crimes to certain races. In a second study, it was found that a nonstereotypical crime had no relationship with the defendants race. Jones and Kaplan (2003) found
similar results with stereotypical crimes and defendants race. They also found that felony
vehicular manslaughter had no ethnic affiliation. In a study that tested how the defendants
character and the nature of the crime had on the length of sentence, Barnett and Fields (1978)
found that the race and sex of defendant had no effect, while depending on the nature of the
crime, attractiveness played only a minor role in the decision of the juror. Saucier & Wallenburg
(2008) examine how the race of the perpetrators and the victims, the severity of the assault, and
the use of racial slurs affected the crime as being considered as a hate crime. In different
statements that describe whether a white or black person being attacked by a person of a different
race. The use of racial slurs were used. Findings consisted of when a racial slur was used we
defined that as being a hate crime. Each situation had a different effect on the participants
perception and punishment of a violent crime. Betsinger and Johnson (2009) conducted a study
to see if Asian American are judged like the other races when comes to committing a crime. They
found that Asian American are judge more similar than whites then African American and
Hispanics (Betsinger, & Johnson, 2009).
Does our interactions with the criminal justice system somewhat sways our feelings
toward the system? Davila, Hartley, Buckler, & Wilson (2011) examined the impact that personal
and vicarious experiences on the criminal justice system and sentencing attitudes. They found
that regardless of race if an individual that has prior a personal or immediate family or friend that
was charged with a crime (vicarious) experience will perceive the criminal justice as too harsh
regarding sentencing.

The not guilty verdict in the O. J. Simpson trial created a deep divided in the white and
black communities. To determine how race and psychological predictors of belief and guilt was
tested by surveys (Skolnick & Shaw 1997). Results found that African American were the
greatest believe of Simpsons innocents while, Asian, Whites and Latinos all differed in their
belief.
When it comes to race and the sentencing of people of color, there history has a very long
past. We are interested in asking the question that if race can play apart in how long a person is
sentence to prison. In accordance with previous research, we predict that participants that hear
about a person of color commit a crime will sentence that person of color longer than participants
that hear the same crime without a color distinction. That is, because most people associate crime
with people of color.