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Sentencing Guidelines, Judicial Discretion, And Social Values

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Author Info
Thomas J. Miceli (University of Connecticut)

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Abstract

This paper 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 optimal degree of judicial discretion, given the sequential nature of the process and the possibly divergent interests of legislatures and judges regarding the social function of criminal punishment. The enactment of sentencing reform in the 1970s and 80s provides both a context for the model and an opportunity to evaluate its conclusions.

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File URL: http://www.econ.uconn.edu/working/2004-23.pdf
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Publisher Info
Paper provided by University of Connecticut, Department of Economics in its series Working papers with number 2004-23.

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Length: 23 pages
Date of creation: Sep 2004
Date of revision:
Handle: RePEc:uct:uconnp:2004-23

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Postal: University of Connecticut 341 Mansfield Road, Unit 1063 Storrs, CT 06269-1063
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Web page: http://www.econ.uconn.edu/
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Related research
Keywords: Criminal punishment; Judicial discretion; Sentencing reform;

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

This paper has been announced in the following NEP Reports:

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. A. Mitchell Polinsky & Steven Shavell, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March. [Downloadable!] (restricted)
    Other versions:
  2. Schulhofer, Stephen J, 1988. "Criminal Justice Discretion as a Regulatory System," Journal of Legal Studies, University of Chicago Press, vol. 17(1), pages 43-82, January.
  3. Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May. [Downloadable!] (restricted)
  4. Winand Emons, 2001. "A Note on the Optimal Punishment for Repeat Offenders," Diskussionsschriften dp0104, Universitaet Bern, Departement Volkswirtschaft. [Downloadable!]
    Other versions:
  5. Waldfogel, Joel, 1993. "Criminal Sentences as Endogenous Taxes: Are They "Just" or "Efficient"?," Journal of Law & Economics, University of Chicago Press, vol. 36(1), pages 139-51, April.
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This page was last updated on 2009-12-2.


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