How Michigan’s Judiciary is Addressing Racial Disparities in Sentencing
The State Court Administrative Office has unveiled a comprehensive analysis, “Sentencing in Michigan’s 22nd Circuit Court.” This detailed study takes into account felony cases sentenced between 2015 and 2019, consisting of 4,118 defendants handled by four judges. The research reveals that while Black defendants were given higher sentencing guideline scores in comparison to their White counterparts, these scores couldn’t completely justify the disparity in the percentage of defendants sent to prison in cases where sentencing types differ. This crucial data will aid Michigan’s judiciary in achieving a more equitable approach.
State Court Administrator Tom Boyd stated that the judiciary’s objective in Michigan must revolve around individualized sentences, sans any disparity due to the race or ethnicity of the defendant. He added, “The findings from this study will help trial judges identify disparities, prompting them to ensure equal treatment of all defendants in their courts. We intend to make such data accessible statewide.”
In compliance with the State Court Administrative Office’s request, the Criminal Justice Administrative Records System (CJARS) at the University of Michigan[i] scrutinized sentencing guideline scores that Michigan’s trial judges must consult when making sentencing decisions.[ii] These scores are derived from each defendant’s prior criminal history (the Prior Record Variable score), and the circumstances surrounding the offense (the Offense Variable score). Combined, these scores assist judges in determining the type and duration of the sentence.
The study put a special emphasis on “straddle cell” cases where sentences vary from probation to prison time. These particular cases offer an avenue to investigate judicial decision-making and detect potential inconsistencies. In the study’s report, there’s a distribution of 1,302 straddle cell cases with each bar representing the percent of straddle cell cases that a given judge sentenced to a specific type of sentence. Boyd expressed that, “This information is an influential tool for achieving equity and fostering a justice system that is consistent, fair, and trusted by the people we serve. Sharing this data with judges will refine their decision-making. Sharing this data with the public will enhance our judiciary’s transparency and accountability.”
The Michigan Judicial Council (MJC), based on feedback from a diverse range of stakeholders, has recognized racial and social equity as a vital strategic objective for the state judiciary. Its operational plan notes, “Grounded on studies that have found substantial disparities in arrests, sentencing, and incarceration rates between white individuals and people of color, the judicial branch will strive to implement practices, policies, and procedures to eradicate disparate treatment and secure equity and fairness across the justice system.” MSC
Learn more about how Michigan’s justice system is working towards fairness and equity. Join the conversation at @coolbruthas and remember, always Stay Fresh, Stay True. Your insight matters in this important dialogue.
