PhD, University of Cincinnati, 2022, Education, Criminal Justice, and Human Services: Criminal Justice
This dissertation seeks to understand how national origin and legal migration status of noncitizen defendants in federal criminal courts shape incarceration and sentence length decisions. Using the annual United States Sentencing Commission Monitoring of Federal Criminal Sentences datasets (2011–2016), this study examines the impact of defendant's (1) national origin, (2) legal versus illegal migration status, (3) gender, and (4) race/ethnicity on incarceration and sentence length decisions in federal criminal courts. For its theoretical basis, I use Focal Concerns theory and Racial/group threat arguments. Findings indicate that, for the incarceration decision, noncitizen defendants have higher odds of incarceration than U.S. citizens, net of other factors. However, these effects are less consistent in the sentence length decision. These relationships systemically differ across national origin and legal migration status. In regards to gender, the noncitizen disadvantage in incarceration appears to exist for both men and women, however, the prison sentence length analysis shows no consistent effect for both male and female defendants. Lastly, in regards to race/ethnicity, when the defendant's race/ethnicity aligns with the most prominent race/ethnicity from their country of origin (e.g., Hispanics from Latin American countries and Mexico; Black defendants from African countries), defendants have particularly high odds of incarceration. However, outside of this pattern, there did not appear to be other consistent race/ethnicity effects. In conclusion, punishment disadvantages based on one's citizenship are particularly pronounced for defendants from Mexico, Latin America, and Africa and especially for those with “illegal” migration status. As noncitizen populations continue to grow in federal courts and in the United States more broadly, understanding and addressing these citizenship disparities in punishment will be increasingly important.
Committee: Ben Feldmeyer Ph.D. (Committee Member); John Wooldredge Ph.D. (Committee Member); Noah Painter-Davis Ph.D. (Committee Member); Joshua Cochran Ph.D. (Committee Member)
Subjects: Criminology