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

This article investigates sentencing disparities between Spanish nationals and non-citizens in Spain’s criminal justice system, focusing on whether foreigners receive harsher punishments and the role of judicial and prosecutorial decisions in these outcomes. Using a sample of 2,673 criminal convictions from Catalonia, the study finds that foreigners are more likely to be imprisoned, a disparity partly mediated (about 23%) by lower rates of plea bargaining among non-citizens. Prosecutors are more likely to recommend imprisonment for foreigners, though they do not request longer sentences, and judges are less likely to grant suspended sentences to foreigners, contributing to higher incarceration rates. However, the study finds mixed evidence regarding discriminatory practices in judges’ sentencing decisions and no evidence of differences in sentence length. These findings highlight the cumulative effect of prosecutorial and judicial decisions on punishment inequalities and suggest the need for further research and policy attention to promote equality before the law in Spain.