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Do Private Prisons Affect Criminal Sentencing?

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  • Christian Dippel
  • Michael Poyker

Abstract

Using a newly constructed complete monthly panel of private and public state prisons, we ask whether the presence of private prisons impacts state judges’ sentencing decisions. We employ two identification strategies: a difference-in-differences strategy that compares only court pairs that straddle state borders and an event study using the full data. We find that the opening of a private prison has a small but statistically significant and robust effect on sentence length, while the opening of a public prison does not. The effect is entirely driven by changes in sentencing in the first 2 months after prison openings. The combined evidence appears inconsistent with the hypothesis that private prisons may directly influence judges; instead, a simple salience explanation may be the most plausible.

Suggested Citation

  • Christian Dippel & Michael Poyker, 2023. "Do Private Prisons Affect Criminal Sentencing?," Journal of Law and Economics, University of Chicago Press, vol. 66(3), pages 511-534.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/724800
    DOI: 10.1086/724800
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    Cited by:

    1. Marchingiglio, Riccardo & Poyker, Michael, 2019. "The Employment Effects of Gender-Specific Minimum Wage," Working Papers 290, The University of Chicago Booth School of Business, George J. Stigler Center for the Study of the Economy and the State.
    2. Weston White & Anita Alves Pena & Stephan Weiler, 2020. "Going private: Are private prisons cost‐saving options for states?," Growth and Change, Wiley Blackwell, vol. 51(3), pages 1000-1016, September.
    3. Nasreen Nawaz & Omer Saeed, 2022. "An Optimal Crime Control Policy in a Dynamic Setting," Journal of Quantitative Economics, Springer;The Indian Econometric Society (TIES), vol. 20(4), pages 827-880, December.
    4. Anita Mukherjee, 2021. "Impacts of Private Prison Contracting on Inmate Time Served and Recidivism," American Economic Journal: Economic Policy, American Economic Association, vol. 13(2), pages 408-438, May.
    5. Christian Dippel & Michael Poyker, 2019. "How Common are Electoral Cycles in Criminal Sentencing?," NBER Working Papers 25716, National Bureau of Economic Research, Inc.

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    More about this item

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • H76 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Other Expenditure Categories
    • K0 - Law and Economics - - General
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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