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Criminal Sentencing in Nineteenth Century Pennsylvania

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Author Info
Howard Bodenhorn
Abstract

How law is interpreted and enforced at a particular historical moment reflects contemporary social concerns and prejudices. This paper investigates the nature of criminal sentencing in mid-nineteenth-century Pennsylvania. It finds that extralegal factors, namely place of conviction and several personal characteristics, were important determinants of sentence length. The observed disparities in the mid-nineteenth century, however, are different than modern disparities. Instead of longer sentences, African Americans and recent immigrants tended to receive shorter sentences, whereas more affluent offenders received longer sentences. The results are consistent with other interpretations of the period as the "era of the common man."

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 14283.

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Date of creation: Aug 2008
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Handle: RePEc:nbr:nberwo:14283

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Find related papers by JEL classification:
K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
N41 - Economic History - - Government, War, Law, and Regulation - - - U.S.; Canada: Pre-1913

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  1. Farmer, Amy & Terrell, Dek, 2001. "Crime versus Justice: Is There a Trade-Off?," Journal of Law & Economics, University of Chicago Press, vol. 44(2), pages 345-66, October.
  2. Griswold, David B., 1987. "Deviation from sentencing guidelines: The issue of unwarranted disparity," Journal of Criminal Justice, Elsevier, vol. 15(4), pages 317-329. [Downloadable!] (restricted)
  3. Mustard, David B, 2001. "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts," Journal of Law & Economics, University of Chicago Press, vol. 44(1), pages 285-314, April.
  4. Glaeser, Edward L & Sacerdote, Bruce & Scheinkman, Jose A, 1996. "Crime and Social Interactions," The Quarterly Journal of Economics, MIT Press, vol. 111(2), pages 507-48, May. [Downloadable!] (restricted)
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  5. Howard Bodenhorn & Christopher Ruebeck, 2007. "Colourism and African–american wealth: evidence from the nineteenth-century south," Journal of Population Economics, Springer, vol. 20(3), pages 599-620, July. [Downloadable!] (restricted)
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  6. Carolyn Moehling & Anne Morrison Piehl, 2007. "Immigration and Crime in Early 20th Century America," Departmental Working Papers 200704, Rutgers University, Department of Economics. [Downloadable!]
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  7. Edward L. Glaeser & Bruce Sacerdote, 1999. "Why Is There More Crime in Cities?," Journal of Political Economy, University of Chicago Press, vol. 107(S6), pages S225-S258, December. [Downloadable!] (restricted)
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