An exploration of variations in criminal sentences It is an accepted fact that variations exist in the criminal justice system. Part of this difference is due to the natural discrepancy in the severity of the charges brought against a defendant; obviously those with more severe or more numerous charges could also receive a longer or more severe criminal sentence. However, when criminal charges are held constant, a pattern of variation emerges that cannot be explained simply by a difference in severity or quantity. Extralegal factors, defined as variables that should not influence a sentencing decision, include race and ethnicity, gender, and age, and research has consistently shown that these factors play a role in criminal cases. Specifically, these extralegal factors can influence pretrial detention, the type of punishment given to defendants (e.g., a period of probation versus a prison sentence), and may even contribute to a distorted use of the death penalty. Evidence has also been presented to suggest, across various data collections, that these extralegal factors are not equivalent either. The United States justice system, although supposedly built on assumptions of fairness and equality, does not treat its defendants as fairly as we would like to believe. Extralegal factors, such as race and ethnicity, gender, and age, have certainly been found to influence how defendants are treated. Perhaps more unexpectedly, also factors such as the perceived attractiveness of the defendant or victim, stereotypicality (i.e., how much more closely physical characteristics resemble stereotypical characteristics of a racial demographic), and cognitive processing styles or workload Jurors' working memory can have a significant effect. .... middle of paper ......person for a criminal conviction. There are still gaps in judicial research, however, that make it difficult to paint a clear picture of what influences bias in the courtroom. Women receive lighter sentences statistically, but is this influenced by their legal counsel, the evidence against them, or their criminal records, all legal factors that are considered equally by judges and juries? The research remains incomplete. A criminal should not be convicted simply because of his or her race, sex, age, or any other psychological variable that may interact with personal characteristics. The fact that discrepancies are observed even in death penalty cases is alarming and measures should be taken to mitigate bias. The measures to be taken, however, largely depend on the consistency of research findings and, until the full picture is available, policy suggestions may be ineffective.