A capital trial is a costly affair. When a local government bears the expense of trial, it must raise funds or reallocate them from other sources. In Texas, among other states, the cost of trial is borne primarily at the county level. A panel of Texas county spending over the last decade,...

We use a laboratory experiment to study the extent to which people tailor levels of punishment to the subjective experience of the person to receive that punishment, for both monetary and non-monetary sanctions. We find that subjects tend to apply higher fines to wealthier individuals....

The "trial penalty" is a concept widely accepted by all the major actors in the criminal justice system: defendants, prosecutors, defense attorneys, court employees, and judges. The notion is that defendants receive longer sentences at trial than they would have through plea bargain, often...

This paper considers the principled approach to the sentencing of young people, requiring the recognition of the lesser capacity and culpability of the offender due to their personal characteristics. The author uses New Zealand as a case study to discuss whether, and how, judges would exercise...

We test the rational economic model of marginal deterrence of law enforcement - i.e., the need for graduating the penalty to the severity of the crime. We combine individual-level data on sentence length for a representative sample of US inmates with proxies for maximum punishment and monitoring...

The United States federal mandatory minimums have been controversial not only because of the length of the mandatory sentences for even first-time offenders, but also because the eligibility quantities for crack are very small when compared to those for other drugs. This paper shows that the...

Does early release decrease or increase the probability that ex-convicts will return to prison? We exploit unique data from Israeli courts, where appearance before the judge throughout the day has an arbitrary component. We first show that judges more often deny parole requests of prisoners...

We use a laboratory experiment to study the extent to which people tailor levels of punishment to the subjective experience of the person to receive that punishment, for both monetary and non-monetary sanctions. We find that subjects tend to apply higher fines to wealthier individuals....

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'...

The Supplementary Guidelines for the Mitigation Function of Capital Defense Teams are the culmination of three years of work coordinated by the Public Interest Litigation Clinic (PILC) and the University of Missouri-Kansas City School of Law in cooperation with seasoned capital litigators and...