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Criminal Sentencing Guidelines And Judicial Discretion

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  • THOMAS J. MICELI

Abstract

"This article studies the institutional structure of criminal sentencing, focusing on the interaction between legislatures, which set sentencing ranges ex ante, and judges, who choose actual sentences from within those ranges ex post. The key question concerns the extent to which judges are afforded discretion in sentencing, given the possibly divergent interests of legislatures and judges regarding the social function of criminal punishment. The ongoing debate over federal sentencing guidelines provides a context for discussing the policy implications of the model. "("JEL "K14, K42) Copyright (c) 2007 Western Economic Association International.

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Bibliographic Info

Article provided by Western Economic Association International in its journal Contemporary Economic Policy.

Volume (Year): 26 (2008)
Issue (Month): 2 (04)
Pages: 207-215

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Handle: RePEc:bla:coecpo:v:26:y:2008:i:2:p:207-215

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Cited by:
  1. Thomas J. Miceli, 2012. "Escalating Interest in Escalating Penalties," Working papers 2012-08, University of Connecticut, Department of Economics.
  2. Timo Goeschl & Ole Jürgens, 2014. "Criminalizing environmental offences: when the prosecutor’s helping hand hurts," European Journal of Law and Economics, Springer, vol. 37(2), pages 199-219, April.
  3. Rousseau, Sandra & Telle, Kjetil, 2010. "On the existence of the optimal fine for environmental crime," International Review of Law and Economics, Elsevier, vol. 30(4), pages 329-337, December.
  4. William T. Harbaugh & Naci H. Mocan & Michael S. Visser, 2011. "Theft and Deterrence," NBER Working Papers 17059, National Bureau of Economic Research, Inc.
  5. Christian Almer & Timo Goeschl, 2011. "The political economy of the environmental criminal justice system: a production function approach," Public Choice, Springer, vol. 148(3), pages 611-630, September.
  6. William Harbaugh & Naci Mocan & Michael Visser, 2013. "Theft and Deterrence," Journal of Labor Research, Springer, vol. 34(4), pages 389-407, December.

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