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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/10012464363
1. Prologue: The Paradox of Punishment -- 2. The Social Cost of Crime: Deterrence -- 3. Crime as Exchange: Retribution … a Village -- 8. The Limits of Punishment: Of Angels and Bad Men -- 9: Epilogue: What Have We Learned? … punishment. Finally, the book argues that, in addition to the threat of criminal sanctions, law inculcates principles of …
Persistent link: https://www.econbiz.de/10012398988
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/10012461676
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/10012461696
Although there exists a large literature analyzing whether an individual's peers have an impact on that individual's own behavior and subsequent outcomes, there is paucity of research on whether peers influence a person's decisions and judgments regarding a third party. We investigate whether...
Persistent link: https://www.econbiz.de/10012373109
We analyze the extent and consequences of unequal representation on juries in Harris County, Texas. We first document that residents from predominantly white and high-income neighborhoods are substantially over-represented on juries. Using quasi-random variation in those called for jury duty...
Persistent link: https://www.econbiz.de/10012496126
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