Putting TRAC to Work
  Legal and Scholarly
Perspective on Terrorism (PT)
March 2024

Prosecuting Terror in the Homeland: An Empirical Assessment of Sentencing Disparities in United States Federal Terrorism Cases
By Michael A. Jensen and Elena Akers


The more frequent use of hate crime laws could be effective in reducing sentencing disparities in terrorism cases. Our data show that defendants who pleaded guilty to, or were convicted of, hate crime offenses were sentenced to 22.2 years in federal prison on average, which is comparable to the prison sentences issued to international extremists who were convicted on material support charges. However, hate crime charges in terrorism cases have been rare, and prosecutors appear unlikely to use them outside of cases that involve mass casualties or other extraordinary outcomes. Indeed, in our data, all twelve of the domestic terrorism cases that included hate crime charges involved attacks that resulted in victim fatalities. Five of the cases involved mass casualties. While federal hate crime laws have been routinely expanded since their initial adoption in 1968, only 15 percent of cases referred for prosecution as hate crimes each year result in the use of hate crime charges......[Citing TRAC data and reports}


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