Extra-Legal Contextual Factors, Judge Demographic Characteristics, and the Sentencing of Drug Crimes: Using Pennsylvania Commission of Sentencing Data to Examine Drug Sentencing Severity, 2014–2019

This study examines how judicial traits (race, sex) and the local court environment influence sentencing decisions for drug offenses, extending beyond the typical focus on individual defendant characteristics. We analyzed 100,652 cases of drug possession and possession with intent to distribute (PWID) from the Pennsylvania Commission on Sentencing (2014–2019). Our dataset comprises 68,268 drug possession cases and 30,116 PWID cases, handled by 519 judges: 76.69% male, 23.31% female, 8.48% minority (with Black judges accounting for 77% of this minority group), and 91.52% White. Using nested OLS and logistic regression, we studied the effect of court setting (rural/urban) and judge demographics on drug sentencing and incarceration, while controlling for the convicted individual’s race, sex, guideline constructs, and prior arrest record. Our findings show that minority male and minority female judges were less likely than White judges to incarcerate individuals convicted with drug possession and PWID. Specifically, a Black judge’s presence lowered the likelihood of incarceration across all racial groups, with a stronger impact on minority defendants. Other factors that influenced sentencing included urban court location, the individual’s race, sex, and past arrest history. These results emphasize the critical role of judge demographics in sentencing decisions and highlight the need for ongoing efforts to ensure fair treatment for all individuals convicted with drug offenses, regardless of the judge’s demographic background.