Foreign and Dangerous? Unpacking the Role of Judges and Prosecutors in Sentencing Disparities in Spain

Bibliographic Data

ID8400738
AuthorsSteven Kemp (0000-0001-8662-1913, Universitat Pompeu Fabra, corresponding author), Daniel Varona Gómez (0000-0002-8677-2137, Universitat de Girona)
Year2023
Volume63
Issue4
Pages984-1002
Publication date2023-06-11
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe British Journal of Criminology (JOURNAL)
Journal identifiersISSN: 0007-0955 • E-ISSN: 1464-3529
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/bjc/azac068
OpenAlexW4294770545
LanguageEN
Citations received4
References cited59

Given the salience of the principle of equality before the law, there is growing interest in understanding the relationship between immigration and sentencing disparities; however, research remains relatively scarce in Europe. This article examines, firstly, whether non-citizens receive harsher punishment outcomes in Spain and, secondly, the role of several decisions made by judges and prosecutors in producing punishment inequalities. The results show that foreigners are more likely to be imprisoned and that this is related to disparities in prosecutorial recommendations, plea bargaining and the suspension of prison sentences. However, we find mixed evidence of discriminatory practices in the imposition of prison sentences and no evidence with regard to sentence length. The findings are discussed in relation to theoretical debates and practical implications regarding immigration and criminal justice

Criminal justice · Criminology · Immigration · Plea · Political science · Prison · Punishment (psychology) · Salience (neuroscience) · Sentence · Criminal Justice and Corrections Analysis · Law · Migration, Health and Trauma · Migration, Refugees, and Integration · Psychology · Social Psychology