Abstract

http://ssrn.com/abstract=1963627
 
 

References (26)



 
 

Footnotes (8)



 


 



Location, Location, Location: The Impact of Guideline Grid Location on the Value of Sentencing Enhancements


Shawn D. Bushway


University at Albany

Anne Morrison Piehl


Rutgers University - Department of Economics; National Bureau of Economic Research (NBER)

December 2011

Journal of Empirical Legal Studies, Vol. 8, pp. 222-238, 2011

Abstract:     
A long literature provides empirical estimates of differential treatment (by race and other factors) in the criminal justice system, taking sentencing rules as given. This article considers the disparate impact of the rules, rather than their implementation, by providing a quantitative assessment of the Maryland sentencing grid for person offenses using the distribution of defendants on the grid. The basic insight is that movement along the grid itself (either across rows or across columns) is nonlinear in sentence lengths (in both absolute magnitudes and percent terms). As a result, an additional point results in a different increase in the recommended sentence length depending on the other factors that are present. Because the distribution of factors is not random, factors like weapon use that appear to have equal weight in the formula developed by policymakers turn out to have very different weights in practice.

Number of Pages in PDF File: 17

Accepted Paper Series





Date posted: November 23, 2011  

Suggested Citation

Bushway, Shawn D. and Piehl, Anne Morrison, Location, Location, Location: The Impact of Guideline Grid Location on the Value of Sentencing Enhancements (December 2011). Journal of Empirical Legal Studies, Vol. 8, pp. 222-238, 2011. Available at SSRN: http://ssrn.com/abstract=1963627 or http://dx.doi.org/10.1111/j.1740-1461.2011.01227.x

Contact Information

Shawn D. Bushway (Contact Author)
University at Albany ( email )
1400 Washington Avenue
Building, Room 109
Albany, NY 12222
United States
Anne Morrison Piehl
Rutgers University - Department of Economics ( email )
New Brunswick, NJ 08901
United States
(732) 932-7363 (Phone)
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
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References:  26
Footnotes:  8

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