Abstract

http://ssrn.com/abstract=912690
 
 

Citations (4)



 
 

Footnotes (44)



 


 



Sentencing Guidelines, TIS Legislation, and Bargaining Power


Dhammika Dharmapala


University of Chicago Law School

Nuno M. Garoupa


University of Illinois College of Law

Joanna Shepherd


Emory University School of Law

July 2006


Abstract:     
This paper analyzes the influence of political and institutional factors on the enactment of sentencing guidelines and truth-in-sentencing legislation by US states. First, we develop a model of strategic interaction among the judiciary, parole boards and state legislators, to analyze the consequences of these laws for the relative bargaining power of the actors. The model predicts that the enactment of these laws is more likely the greater the divergence in preferences between the legislature and the other actors. We test this hypothesis using a semiparametric proportional hazard model. Consistent with our hypothesis, the enactment of both of these types of legislation is more likely in states that have had a longer history of divided government (in particular, with Republican governors and Democratic legislatures; however, divided government with Democratic governors does not have a significant effect). These results indicate that either conservative judges and parole boards are less likely to oppose these laws, or that legislatures are more interested in constraining conservative judges and parole boards. Our results also suggest that legislatures are more likely to constrain the judiciary by enacting sentencing guidelines when the guidelines will have a substantial influence on incarceration lengths because discretionary parole has either been abolished or restricted. Truth-in-sentencing laws, which severely limit early release from prison, are also more likely to be passed when states have already abolished discretionary parole.

Number of Pages in PDF File: 35

Keywords: criminal law, judges, sentencing guidelines

JEL Classification: K00, K14, C7, C14

working papers series


Download This Paper

Date posted: July 2, 2006  

Suggested Citation

Dharmapala, Dhammika and Garoupa, Nuno M. and Shepherd, Joanna, Sentencing Guidelines, TIS Legislation, and Bargaining Power (July 2006). Available at SSRN: http://ssrn.com/abstract=912690 or http://dx.doi.org/10.2139/ssrn.912690

Contact Information

Dhammika Dharmapala
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
Nuno M. Garoupa
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
HOME PAGE: http://works.bepress.com/nunogaroupa/
Joanna Shepherd (Contact Author)
Emory University School of Law ( email )
1301 Clifton Road
Atlanta, GA 30322
United States
404-727-8957 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,440
Downloads: 90
Download Rank: 169,412
Citations:  4
Footnotes:  44

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.266 seconds