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topic by focusing on disparities in homicide sentences using data from over 9000 homicide cases tried in Colombia from 1980 … under which it is adjudicated. Results reveal that disparities in homicide sentences can be attributed to extra …-legal variables such as: the city in which the homicide trial took place, where the body of the victim was retrieved, and whether the …
Persistent link: https://www.econbiz.de/10013156099
The Federal criminal sentencing guidelines struck down by the U.S. Supreme Court in 2005 required that males and females who commit the same crime and have the same prior criminal record be sentenced equally. Using data obtained from the United States Sentencing Commission's records, we examine...
Persistent link: https://www.econbiz.de/10012776558
This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as...
Persistent link: https://www.econbiz.de/10012764862
This paper outlines the findings of a model of plea bargaining with multiple defendants, in which a prosecutor makes plea offer sequentially. It is shown that plea discount can be minimized with sequential offers and that not all of defendants shall be induced to plead guilty. By allowing...
Persistent link: https://www.econbiz.de/10012994223
We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual---they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent persons may be apprehended...
Persistent link: https://www.econbiz.de/10013250838
Despite the Supreme Court's 2005 decision in United States v. Booker, which enhanced the power of district court judges to sentence defendants below the range prescribed by the federal sentencing guidelines, the great majority of federal sentences continue to follow the guidelines'...
Persistent link: https://www.econbiz.de/10014214488
Policymakers and scholars repeatedly warn that frequent and persistent judicial vacancies pose one of the greatest threats to the federal judiciary by overburdening judges. Scholars, in turn, are divided as to whether pressure on judges results in more lenient punishment. Despite such concerns,...
Persistent link: https://www.econbiz.de/10014147128
This Article is the third of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the...
Persistent link: https://www.econbiz.de/10014056063
As incarceration rates have risen in the U.S., so has the overrepresentation of African Americans and Latinos among prison inmates. Whether and to what degree these disparities are due to bias in the criminal courts remains a contentious issue. This article pursues two lines of argument toward a...
Persistent link: https://www.econbiz.de/10014168309
The institutionalization of actuarial risk assessments at sentencing reflects the extension of the academic and policy-driven push to move judges away from sentencing individual defendants and toward basing sentencing on population level representations of crimes and offenses. How have courts...
Persistent link: https://www.econbiz.de/10013227722