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Cited by 72Criminal Justice and Corrections AnalysisCriminal Justice and PenologyCriminal Law and Policy

Sentencing Native Americans in US Federal Courts: An Examination of Disparity

Franklin, Travis W.·2013·Justice Quarterly
DOI 10.1080/07418825.2011.605072
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Abstract

Existing sentencing literature largely focuses on the study of white, African-American, and to a lesser extent, Hispanic offenders. Unfortunately, very little is known about the sentencing of Native American offenders, especially in the federal courts. To address this shortcoming, the current study employs United States Sentencing Commission data for the fiscal years 2006-2008 to examine the comparative punishment of Native Americans. Consistent with the focal concerns perspective and its reliance on perceptions of race-based threat, findings demonstrate that Native Americans are often sentenced more harshly than white, African-American, and Hispanic offenders. Moreover, race-gender-age interactions indicate that during the incarceration decision, young Native American males receive the most punitive sentences, surpassing the punishment costs associated with being a young African-American or Hispanic male. These findings highlight the importance of directing increased attention toward the sentencing of this understudied offender population.

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Crossref · 10.1080/07418825.2011.605072

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  • Examinations of the Native American experience in the US criminal justice system are still relatively sparse despite earlier calls for increased attention.

    “Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues.”

    From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Franklin 2013

  • Federal courts often process major crimes committed on tribal lands (Indian Country), even those that would otherwise be handled by state courts.

    “Specifically, federal courts often process major crimes committed on tribal lands (Indian Country), even those that would otherwise be handled by state courts (Droske 2008, Franklin 2013, Pommersheim 1991).”

    From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Franklin 2013

  • Existing research has largely conceptualized the Native American experience through a racial/ethnic framework.

    “Existing research has largely conceptualized the Native American experience through a racial/ethnic framework”

    From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Franklin 2013

  • In the context of tensions and strains of settler colonialism that characterize relations between Native Americans and larger US society, there are direct links between Native American oppression and negative stereotypes of Native Americans.

    “In the context of tensions and strains of settler colonialism that characterize relations between Native Americans and larger US society, there are direct links between Native American oppression and negative stereotypes of Native Americans (Franklin 2013, Lieber 1994, Perry 2006, Rouse & Hanson 1991).”

    From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Franklin 2013

  • Tight federal-tribal justice coupling might take the form of wardship, where federal authorities may view Native American communities as wards subject to federal crime control efforts.

    “Tight federal-tribal justice coupling might take the form of wardship, where federal authorities may view Native American communities as wards subject to federal crime control efforts”

    From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Franklin 2013

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Authors
Franklin, T. W.
Corresponding author
Franklin, Travis W.
Venue
Justice Quarterly
Publisher
Informa UK Limited
Published
2011-08-09
Volume
30
Issue
2
Pages
310-339
ISSN
  • 0741-8825 (ISSN-L)
  • 1745-9109
DOI
10.1080/07418825.2011.605072
OpenAlex
W2051937469
Cited by
72
References
50
Citations by year
2026: 4 · 2025: 3 · 2024: 7 · 2023: 5 · 2022: 11 · 2021: 11 · 2020: 2 · 2019: 10 · 2018: 2 · 2017: 5 · 2016: 3 · 2015: 3 · 2014: 1 · 2013: 2 · 2012: 1
FWCI
5.35
Type
journal article
Language
en
Open access
closed
Locations
Justice Quarterly (publishedVersion)
Topics
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
  • Social Sciences › Law › Criminal Justice and Penology
  • Social Sciences › Sociology and Political Science › Criminal Law and Policy
Keywords
sentencing disparities, federal courts, young male offenders

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