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Criminal sentencing in 19th-century Pennsylvania

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  • Bodenhorn, Howard

Abstract

How law is interpreted and enforced at a particular historical moment reflects contemporary social concerns, attitudes and prejudices. This paper investigates the nature of criminal sentencing in 19th-century Pennsylvania. It finds that juries systematically departed from presumptive sentences based on extralegal factors, such age, sex, nativity and occupation. Older criminals and convicts with higher status preconviction occupations received longer sentences; women and ethnic minorities received shorter sentences. Unlike 20th-century courts, 19th-century courts did not impose longer sentences on black criminals.

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  • Bodenhorn, Howard, 2009. "Criminal sentencing in 19th-century Pennsylvania," Explorations in Economic History, Elsevier, vol. 46(3), pages 287-298, July.
    • Handle: RePEc:eee:exehis:v:46:y:2009:i:3:p:287-298
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    References listed on IDEAS

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    1. Griswold, David B., 1987. "Deviation from sentencing guidelines: The issue of unwarranted disparity," Journal of Criminal Justice, Elsevier, vol. 15(4), pages 317-329.
    2. Howard Bodenhorn & Christopher Ruebeck, 2007. "Colourism and African–american wealth: evidence from the nineteenth-century south," Journal of Population Economics, Springer;European Society for Population Economics, vol. 20(3), pages 599-620, July.
    3. Patacchini, Eleonora & Zenou, Yves, 2008. "The strength of weak ties in crime," European Economic Review, Elsevier, vol. 52(2), pages 209-236, February.
    4. Weitzer, Ronald, 1996. "Racial discrimination in the criminal justice system: Findings and problems in the literature," Journal of Criminal Justice, Elsevier, vol. 24(4), pages 309-322.
    5. Mustard, David B, 2001. "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts," Journal of Law and Economics, University of Chicago Press, vol. 44(1), pages 285-314, April.
    6. Edward L. Glaeser & Bruce Sacerdote & José A. Scheinkman, 1996. "Crime and Social Interactions," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 111(2), pages 507-548.
    7. Carolyn Moehling & Anne Morrison Piehl, 2007. "Immigration and Crime in Early 20th Century America," Departmental Working Papers 200704, Rutgers University, Department of Economics.
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    1. Vickers, Chris, 2016. "Socioeconomic status and judicial disparities in England and Wales, 1870–1910," Explorations in Economic History, Elsevier, vol. 61(C), pages 32-53.
    2. Bodenhorn, Howard, 2010. "Height and body mass index values of nineteenth-century New York legislators," Economics & Human Biology, Elsevier, vol. 8(1), pages 121-126, March.
    3. Carolyn Moehling & Anne Piehl, 2014. "Immigrant assimilation into US prisons, 1900–1930," Journal of Population Economics, Springer;European Society for Population Economics, vol. 27(1), pages 173-200, January.
    4. Bindler, Anna Louisa & Hjalmarsson, Randi & Machin, Stephen Jonathan & Rubio, Melissa, 2023. "Murphy's Law or luck of the Irish? Disparate treatment of the Irish in 19th century courts," LSE Research Online Documents on Economics 121339, London School of Economics and Political Science, LSE Library.
    5. Bodenhorn, Howard, 2016. "Prison crowding, recidivism, and early release in early Rhode Island," Explorations in Economic History, Elsevier, vol. 59(C), pages 55-74.
    6. Anna Bindler & Randi Hjalmarsson, 2020. "The Persistence of the Criminal Justice Gender Gap: Evidence from 200 Years of Judicial Decisions," Journal of Law and Economics, University of Chicago Press, vol. 63(2), pages 297-339.
    7. Anna Bindler & Randi Hjalmarsson & Stephen Machin & Melissa Rubio-Ramos, 2026. "Disparate Treatment of the Irish in 19th Century English Courtrooms," Berlin School of Economics Discussion Papers 0087, Berlin School of Economics.

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