Legal and Extralegal Factors Determining Sentence Type and Length: From a Focal Concerns Lens

The Unites States aspires to a fair criminal justice system with a focus on minimizing the disparate impact of discretionary decision making at all stages of the justice system. Judges consider a variety of factors in making their sentencing decisions, like responsibility of the defendant and how best to protect the community. However, the use of discretion can contribute to unwarranted disparities. The current study sought to examine the influence of both legal and extralegal factors on both the incarceration and sentence length decisions. Using focal concerns perspective as a theoretical underpinning, this study determined that legal factors were more influential in sentencing outcomes than extralegal factors. Policy implications and future research are discussed throughout the paper.