Leymon 11
remained under guidelines (Gorton and Boies, 1999; McDonald and Carlson, 1994; Zatz, 1984), few
studies have attempted to assess growth in the incarceration rates of separate racial groups (Hebert, 1997;
Miethe and Moore, 1985). Though guidelines were designed under the premise that racial disparities can
potentially be reduced, the general increased punitiveness of the new sentencing structure should lead to
an overall increase of imprisonment rates in all racial groups (though it is possible that the increase will
not be uniform across all racial groups). The black imprisonment rate, as well as the white and Hispanic
incarceration rates, should increase under the matrix of guidelines.
Hypothesis 4: “fixed” sentencing reforms will have a greater effect on the African American
imprisonment rate than the white imprisonment rate.
This hypothesis focuses on the differential effects of sentencing guidelines by race. Previous
research has shown that African-Americans are imprisoned at higher rates than whites and that under
guidelines this disproportionate rate of imprisonment has increased in some jurisdictions (Gorton and
Boies, 1999). Research indicates that guidelines, through greater emphasis on second offenses and the
targeting of specific crimes that may be more prevalent among African Americans, may increase the
black imprisonment rate more than the white imprisonment rate (Messner, Baller, and Zevenbergan,
2005; Karnig and McClain, 1980). While it has been argued by public policy makers that guidelines were
devised under the premise that they can reduce racial disparities, previous research has indicated that it is
more likely that the disparity will grow under guidelines (Steffenmeier and Demuth, 2000).
Hypothesis 5: “fixed” sentencing reforms will have a greater effect on the Hispanic
imprisonment rate than the white imprisonment rate.
It has been suggested that the Hispanic prison populations experience many of the same disparity
causing factors experienced by the black prison populations (Hamid, 1998; Hebert, 1997; Sears et al.,
2000). Though is it is possible, previous research has produced inconsistent results. Some research has
suggested that Hispanics experience considerable racism within the criminal justice system, while other
research has found no significant relationship (Herbert, 1997). This study will attempt to determine if
Hispanics are affected more by sentencing guidelines than whites.
Convention