Sentencing of Native Americans: A Multistage Analysis Under the Minnesota Sentencing Guidelines

Abstract

Keith A. Wilmota & Miriam A. Deloneb a Department of Justice, Law & Society , California University of Pennsylvania , California, Pennsylvania, USA b Department of Criminal Justice , Fayetteville State University , Fayetteville, North Carolina, USA Research exploring the impact of Native American race on felony sentencing suggests the existence of contextual discrimination. That is, in some geographic locations, for some offenses, Native American offenders are treated more harshly than White offenders. In an attempt to expand on previous studies, this research examines the multistage sentencing process in the state of Minnesota, with data from 2001, focusing on a variety of legal and extralegal factors. The racial composition of Minnesota provides us with a unique opportunity to examine a large number of Native American offenders. An integrated theoretical perspective with a focus on conflict theory is used. The results provide support for the existence of contextual discrimination in the application of the Minnesota sentencing guidelines toward Native Americans and Blacks. The implications of these findings support the need for a distinct “race theory” approach to understanding the impact of criminal justice decision making on Native Americans.