Skin Tone and Criminal Sentencing Outcomes in the United States: A Systematic Review

Abstract

While Black-identified offenders are sentenced more harshly than White-identified offenders, there has been limited exploration of skin tone’s influence on sentencing. We aimed to systematically review the association between offender skin tone and criminal sentencing outcomes. Guided by the Preferred Reporting Items for Systematic Review and Meta-Analysis, we searched seven databases. We included studies that used official measures of sentence type or length of incarceration. We assessed risk of bias using a modified version of the Critical Appraisal Tool for Cross-Sectional Studies. Results were narratively synthesized. Seven studies met inclusion criteria; of these, three had low risk of bias. Three studies measured sentence type, finding that darker skin tones were associated with harsher sentence types. Studies with greater risks of bias generally found associations between darker skin tones and longer sentences; low-risk studies did not find such associations. Included studies generally found associations between offender skin tone and sentencing outcomes, but methodological and contextual differences and limitations may explain heterogeneity in findings. Driven by differences and limitations, we offer a roadmap for future research.