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Jury Sentencing in Noncapital Cases: Comparing Severity and Variance with Judicial Sentences in Two States

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  • Nancy J. King
  • Rosevelt L. Noble

Abstract

Recently, commentators have championed sentencing by jury as more democratic and better suited to current theories of punishment than sentencing by judge alone. Yet discussions of noncapital jury sentencing either fail to address empirical questions or rely on outdated and incomplete studies. This study is the first to present basic information on the comparative severity and variance of jury and judge sentencing as practiced in the 21st century. We use archival sentencing data from two of the six states that authorize jury sentencing—Arkansas and Virginia. In both states, voluntary sentencing guidelines govern judicial sentencing after bench trial or guilty plea, but juries select sentences after jury trial. Regression analyses evaluated sentences of incarceration for individual offenses, and included as independent variables available offense, offender, and case characteristics associated with sentence severity. For most of the offenses examined, jury sentences after jury trial were both more varied and more severe than sentences selected by judges after bench trial. The findings also suggest that these disparities may be deliberately maintained by judges and prosecutors, and facilitated by state law that restricts the sentencing options and information provided to juries as compared to judges.

Suggested Citation

  • Nancy J. King & Rosevelt L. Noble, 2005. "Jury Sentencing in Noncapital Cases: Comparing Severity and Variance with Judicial Sentences in Two States," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 2(2), pages 331-367, July.
  • Handle: RePEc:wly:empleg:v:2:y:2005:i:2:p:331-367
    DOI: 10.1111/j.1740-1461.2005.00053.x
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    References listed on IDEAS

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    1. LaCasse, Chantale & Payne, A Abigail, 1999. "Federal Sentencing Guidelines and Mandatory Minimum Sentences: Do Defendants Bargain in the Shadow of the Judge?," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 245-269, April.
    2. Eisenberg, Theodore & Garvey, Stephen P & Wells, Martin T, 2001. "Forecasting Life and Death: Juror Race, Religion, and Attitude toward the Death Penalty," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 277-311, Part I Ju.
    3. Gregory A. Huber & Sanford C. Gordon, 2004. "Accountability and Coercion: Is Justice Blind when It Runs for Office?," American Journal of Political Science, John Wiley & Sons, vol. 48(2), pages 247-263, April.
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    Cited by:

    1. Jose Pina-Sánchez & John Paul Gosling, 2020. "Tackling selection bias in sentencing data analysis: a new approach based on a scale of severity," Quality & Quantity: International Journal of Methodology, Springer, vol. 54(3), pages 1047-1073, June.
    2. Lundberg, Alexander, 2016. "Sentencing discretion and burdens of proof," International Review of Law and Economics, Elsevier, vol. 46(C), pages 34-42.
    3. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2021. "Blame based on one's name? Extralegal disparities in criminal conviction and sentencing," European Journal of Law and Economics, Springer, vol. 51(3), pages 469-521, June.
    4. Patricia D. Breen, 2011. "The Trial Penalty and Jury Sentencing: A Study of Air Force Courts‐Martial," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(1), pages 206-235, March.
    5. Christoph Engel & Andreas Glöckner, 2008. "Can We Trust Intuitive Jurors? An Experimental Analysis," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2008_36, Max Planck Institute for Research on Collective Goods.

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