Sentencing Guidelines, Judicial Discretion, And Social Values
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.
|Date of creation:||Sep 2004|
|Date of revision:|
|Contact details of provider:|| Postal: University of Connecticut 365 Fairfield Way, Unit 1063 Storrs, CT 06269-1063|
Phone: (860) 486-4889
Fax: (860) 486-4463
Web page: http://www.econ.uconn.edu/
More information through EDIRC
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.:
- A. Mitchell Polinsky & Steven Shavell, 1999.
"The Economic Theory of Public Enforcement of Law,"
NBER Working Papers
6993, National Bureau of Economic Research, Inc.
- Waldfogel, Joel, 1993. "Criminal Sentences as Endogenous Taxes: Are They "Just" or "Efficient"?," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 139-51, April.
- Schulhofer, Stephen J, 1988. "Criminal Justice Discretion as a Regulatory System," The Journal of Legal Studies, University of Chicago Press, vol. 17(1), pages 43-82, January.
- Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May.
- Emons, Winand, 2003.
"A note on the optimal punishment for repeat offenders,"
International Review of Law and Economics,
Elsevier, vol. 23(3), pages 253-259, September.
- Winand Emons, 2001. "A Note on the Optimal Punishment for Repeat Offenders," Diskussionsschriften dp0104, Universitaet Bern, Departement Volkswirtschaft.
When requesting a correction, please mention this item's handle: RePEc:uct:uconnp:2004-23. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Mark McConnel)
If references are entirely missing, you can add them using this form.