Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion Under Mandatory Minimum Sentencing
AbstractThis paper empirically documents one way in which prosecutorial discretion can be used to dampen the effects of mandatory minimum sentencing laws. Specifically, I show prosecutors use their discretion over prosecution charges to circumvent a mandatory minimum sentencing law for some defendants, by prosecuting these de- fendants who were initially arrested for the crime targeted by the sentencing law for lesser crimes not covered by the law. I document the use of such discretion with respect to several state "three-strikes" type repeat offender laws imposed through- out the 1990s, where I find that prosecutors become significantly more likely to lower a defendant's prosecution charge to a misdemeanor when conviction for the initial felony arrest charge would likely lead to sentencing under a three-strikes law. Moreover, accounting for such behavior is important, as I show that failure to do so can lead to overstating the effects of these laws on average sentencing by almost thirty percent.
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Bibliographic InfoPaper provided by McMaster University in its series Department of Economics Working Papers with number 2004-12.
Length: 44 pages
Date of creation: Dec 2004
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Other versions of this item:
- 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, University of Chicago Press, vol. 48(2), pages 591-625, October.
- J24 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Human Capital; Skills; Occupational Choice; Labor Productivity
This paper has been announced in the following NEP Reports:
- NEP-ALL-2004-10-21 (All new papers)
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- Gary S. Becker, 1968.
"Crime and Punishment: An Economic Approach,"
Journal of Political Economy, University of Chicago Press,
University of Chicago Press, vol. 76, pages 169.
- Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, National Bureau of Economic Research, Inc, in: Essays in the Economics of Crime and Punishment, pages 1-54 National Bureau of Economic Research, Inc.
- James Andreoni, 1991.
"Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?,"
RAND Journal of Economics,
The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
- 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,
Oxford University Press, vol. 14(2), pages 256-76, 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.
- Marvell, Thomas B & Moody, Carlisle E, 2001. "The Lethal Effects of Three-Strikes Laws," The Journal of Legal Studies, University of Chicago Press, University of Chicago Press, vol. 30(1), pages 89-106, January.
- LaCasse, Chantale & Payne, A Abigail, 1999. "Federal Sentencing Guidelines and Mandatory Minimum Sentences: Do Defendants Bargain in the Shadow of the Judge?," Journal of Law and Economics, University of Chicago Press, University of Chicago Press, vol. 42(1), pages 245-69, April.
- Garoupa, Nuno, 2009.
"Some reflections on the economics of prosecutors: Mandatory vs. selective prosecution,"
International Review of Law and Economics, Elsevier,
Elsevier, vol. 29(1), pages 25-28, March.
- Nuno Garoupa, 2008. "Some reflections on the economics of prosecutors: Mandatory v selective prosecution," Working Papers, Instituto MadrileÃ±o de Estudios Avanzados (IMDEA) Ciencias Sociales 2008-04, Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales.
- David S. Abrams, 2012. "Estimating the Deterrent Effect of Incarceration Using Sentencing Enhancements," American Economic Journal: Applied Economics, American Economic Association, American Economic Association, vol. 4(4), pages 32-56, October.
- Freeborn, Beth & Hartmann, Monica, 2009. "Judicial Discretion and Sentencing Behavior," MPRA Paper 13880, University Library of Munich, Germany.
- Fusako Tsuchimoto & Libor Dusek, 2009. "Responses to More Severe Punishment in the Courtroom: Evidence from Truth-in-Sentencing Laws," CERGE-EI Working Papers, The Center for Economic Research and Graduate Education - Economic Institute, Prague wp403, The Center for Economic Research and Graduate Education - Economic Institute, Prague.
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