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Sentencing policy and disparity: Guidelines and the influence of legal and democratic subcultures

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  • Crow, Matthew S.
  • Gertz, Marc

Abstract

This study analyzed the effects of sentencing policy on sentencing outcomes and the determinants of sentencing decisions. The authors used hierarchical modeling to examine the impact of sentencing reform on legal and individual- and county-level extralegal factors in addition to the sentencing outcomes themselves. The research was framed within the legal and democratic subculture perspective developed by Richardson and Vines (1970) for understanding lower court decision making. The results indicated that sentencing policy acts as a filter, through which cues from each subculture are synthesized, and helps to shape the effects of both legal and extralegal variables on sentencing outcomes.

Suggested Citation

  • Crow, Matthew S. & Gertz, Marc, 2008. "Sentencing policy and disparity: Guidelines and the influence of legal and democratic subcultures," Journal of Criminal Justice, Elsevier, vol. 36(4), pages 362-371, August.
    • Handle: RePEc:eee:jcjust:v:36:y:2008:i:4:p:362-371
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    References listed on IDEAS

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    1. Kingsnorth, Rodney & Lopez, John & Wentworth, Jennifer & Cummings, Debra, 1998. "Adult sexual assault: The role of racial/ethnic composition in prosecution and sentencing," Journal of Criminal Justice, Elsevier, vol. 26(5), pages 359-371, September.
    2. Griset, Pamala L., 2002. "New sentencing laws follow old patterns:: A Florida case study," Journal of Criminal Justice, Elsevier, vol. 30(4), pages 287-301.
    3. Heckman, James J, 1974. "Shadow Prices, Market Wages, and Labor Supply," Econometrica, Econometric Society, vol. 42(4), pages 679-694, July.
    4. Caldeira, Gregory A., 1986. "Neither the Purse Nor the Sword: Dynamics of Public Confidence in the Supreme Court," American Political Science Review, Cambridge University Press, vol. 80(4), pages 1209-1226, December.
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    1. Tillyer, Rob & Hartley, Richard D., 2010. "Driving racial profiling research forward: Learning lessons from sentencing research," Journal of Criminal Justice, Elsevier, vol. 38(4), pages 657-665, July.
    2. Mark G. Harmon, 2013. "“Fixed” Sentencing: The Effect on Imprisonment Rates Over Time," Journal of Quantitative Criminology, Springer, vol. 29(3), pages 369-397, September.

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