Criminal Sentencing Guidelines and Judicial Discretion

9 Pages Posted: 18 Apr 2008

See all articles by Thomas J. Miceli

Thomas J. Miceli

University of Connecticut - Department of Economics

Abstract

This article 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 extent to which judges are afforded discretion in sentencing, given the possibly divergent interests of legislatures and judges regarding the social function of criminal punishment. The ongoing debate over federal sentencing guidelines provides a context for discussing the policy implications of the model.

JEL Classification: K14, K42

Suggested Citation

Miceli, Thomas J., Criminal Sentencing Guidelines and Judicial Discretion. Contemporary Economic Policy, Vol. 26, Issue 2, pp. 207-215, April 2008. Available at SSRN: https://ssrn.com/abstract=1120555 or http://dx.doi.org/10.1111/j.1465-7287.2007.00065.x

Thomas J. Miceli (Contact Author)

University of Connecticut - Department of Economics ( email )

365 Fairfield Way, U-1063
Storrs, CT 06269-1063
United States
860-486-5810 (Phone)
860-486-4463 (Fax)

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