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Criminal Sentencing in Nineteenth Century Pennsylvania
Bodenhorn, Howard - 2010
How law is interpreted and enforced at a particular historical moment reflects contemporary social concerns and prejudices. This paper investigates the nature of criminal sentencing in mid-nineteenth-century Pennsylvania. It finds that extralegal factors, namely place of conviction and several...
Persistent link: https://www.econbiz.de/10012758454
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Politics in the Courtroom : Political Ideology and Jury Decision Making
Anwar, Shamena - 2015
This paper uses data from the Gothenburg District Court in Sweden and a research design that exploits the random assignment of politically appointed jurors (termed nämndemän) to make three contributions to the literature on jury decision-making: (i) an assessment of whether systematic biases...
Persistent link: https://www.econbiz.de/10013022933
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Juvenile Punishment, High School Graduation and Adult Crime : Evidence from Idiosyncratic Judge Harshness
Eren, Ozkan - 2017
This paper contributes to the debate on the impact of juvenile punishment on adult criminal recidivism and high school … to utilize information on the exact types of crimes committed, as well as the type and duration of punishment imposed …
Persistent link: https://www.econbiz.de/10012951886
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A Test of Racial Bias in Capital Sentencing
Alesina, Alberto F. - 2011
We propose a test of bias based upon patterns of judicial errors. We model the trial court as minimizing a weighted sum of type I and II errors. We define racial bias a situation where the weight depends on defendant/victim race. If the court is unbiased, the error rate should be independent of...
Persistent link: https://www.econbiz.de/10013125925
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Sentencing Guidelines and Judicial Discretion : Quasi-Experimental Evidence from Human Calculation Errors
Bushway, Shawn D. - 2011
There is a debate about whether advisory non-binding sentencing guidelines affect the sentences outcomes of individuals convicted in jurisdictions with this sentencing framework. Identifying the impact of sentencing guidelines is a difficult empirical problem because court actors may have...
Persistent link: https://www.econbiz.de/10013127008
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Do Sentencing Guidelines Raise the Cost of Punishment?
Meade, José; Waldfogel, Joel - 2022
from substituting" fines for prison terms may raise the cost of imposing punishment. The objective of this paper is" to … Guidelines. We find evidence that the guidelines raise the cost of" punishment by nearly 5 percent of the total imprisonment cost …
Persistent link: https://www.econbiz.de/10013313772
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The Economic Theory of Public Enforcement of Law
Polinsky, A. Mitchell; Shavell, Steven - 2021
, focusing on the probability of imposition of sanctions, the magnitude and form of sanctions, and the rule of liability. We then …
Persistent link: https://www.econbiz.de/10013216494
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Securing Property Rights
Glaeser, Edward L. - 2016
discharges contaminate riparian properties belonging to multiple owners, and we compare property rules, liability rules, and … to liability rules when there are few parties and bargaining is feasible, but they excessively deter efficient pollution … liability rules to regulation. An empirical analysis of water quality in the U.S. before and after the Clean Water Act shows …
Persistent link: https://www.econbiz.de/10012982019
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On the Optimal Burden of Proof
Kaplow, Louis - 2015
The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...
Persistent link: https://www.econbiz.de/10013037306
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The Evolution of a Legal Rule
Niblett, Anthony - 2008
The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...
Persistent link: https://www.econbiz.de/10012772379