Responses to More Severe Punishment in the Courtroom: Evidence from Truth-in-Sentencing Laws
AbstractWe investigate behavioral responses of judges and prosecutors to more severe punishments by analyzing the effects of Truth-in-Sentencing (TIS) laws in a large sample of individual criminal cases. The TIS laws raised effective punishment by requiring offenders to serve at least 85% of their imposed sentence in prison. Differences between the U.S. states in the timing of adoption and the types of crimes covered provide a source of identification. The key findings are: (1) The TIS laws reduced the probability that an arrested offender is eventually convicted by 25% through an increase in the probability that the case is dismissed, a reduction in the probability that the defendant pleads guilty, and a reduction in the probability that the defendant is convicted at trial. (2) The TIS laws the reduced the imposed sentence that a defendant may expect upon arrest by 14%. The behavioral responses are empirically important to partially mitigate the intended deterrent effect of the TIS laws.
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Bibliographic InfoPaper provided by The Center for Economic Research and Graduate Education - Economic Institute, Prague in its series CERGE-EI Working Papers with number wp403.
Date of creation: Dec 2009
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Criminal procedure; criminal law; sentencing; Truth-in-Sentencing laws.;
Find related papers by JEL classification:
- K00 - Law and Economics - - General - - - General (including Data Sources and Description)
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
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- Reinganum, Jennifer F., 1986.
"Plea Bargaining and Prosecutorial Discretion,"
616, California Institute of Technology, Division of the Humanities and Social Sciences.
- David Bjerk, 2004.
"Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion Under Mandatory Minimum Sentencing,"
Department of Economics Working Papers
2004-12, McMaster University.
- Bjerk, David, 2005. "Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion under Mandatory Minimum Sentencing," Journal of Law and Economics, University of Chicago Press, vol. 48(2), pages 591-625, October.
- Shepherd, Joanna M, 2002. "Police, Prosecutors, Criminals, and Determinate Sentencing: The Truth about Truth-in-Sentencing Laws," Journal of Law and Economics, University of Chicago Press, vol. 45(2), pages 509-34, October.
- Daniel P. Kessler & Anne Morrison Piehl, 1997.
"The Role of Discretion in the Criminal Justice System,"
NBER Working Papers
6261, National Bureau of Economic Research, Inc.
- Kessler, Daniel P & Piehl, Anne Morrison, 1998. "The Role of Discretion in the Criminal Justice System," Journal of Law, Economics and Organization, Oxford University Press, vol. 14(2), pages 256-76, October.
- Snyder, Edward A, 1990. "The Effect of Higher Criminal Penalties on Antitrust Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 33(2), pages 439-62, October.
- Ross, Amanda, 2012. "Crime, police, and truth-in-sentencing: The impact of state sentencing policy on local communities," Regional Science and Urban Economics, Elsevier, vol. 42(1-2), pages 144-152.
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