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The Policies of Time: Cross-Sectional Time-Series Analysis of Sentencing Guidelines; Race and Imprisonment Rates

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Abstract:

Sentencing guidelines have become an important part of the criminal justice system. Nineteen states have enacted some form of guidelines and a number of other states are currently drafting their own versions. The main purpose behind a relatively fixed matrix of sentences for a crime is to remove judicial discretion. It has been argued that this discretion has produced disparities, particularly racial disparities, in prisons and guidelines are designed to insure that convicted felons receive the correct sentence depending on the crime committed. Few studies have attempted to systematically answer the question of whether guidelines produce the intended effects; furthermore, concern exists that guidelines may be contributing to an increase in overall prison populations. This study assesses the effects of sentencing guidelines on shifts in state level (all 50 states) incarceration rates from the years 1974 to 2003. Results implementing a logarithmic growth curve measure, indicate that guidelines are associated with increases in total (and across all racial and ethnic groups) incarceration rates when controlling for unemployment, poverty, violent crime, drug crimes, state populations and their characteristics, the number of new commitments to prison, and parole violators returned to prison. Further, sentencing guidelines are associated with an increase in white imprisonment rates, as well as increased imprisonment rates for both African-Americans and Hispanics, but at significantly higher rates.
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Association:
Name: American Society of Criminology (ASC)
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http://www.asc41.com


Citation:
URL: http://www.allacademic.com/meta/p126683_index.html
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MLA Citation:

Harmon, Mark. "The Policies of Time: Cross-Sectional Time-Series Analysis of Sentencing Guidelines; Race and Imprisonment Rates" Paper presented at the annual meeting of the American Society of Criminology (ASC), Los Angeles Convention Center, Los Angeles, CA, Nov 01, 2006 <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p126683_index.html>

APA Citation:

Harmon, M. G. , 2006-11-01 "The Policies of Time: Cross-Sectional Time-Series Analysis of Sentencing Guidelines; Race and Imprisonment Rates" Paper presented at the annual meeting of the American Society of Criminology (ASC), Los Angeles Convention Center, Los Angeles, CA <Not Available>. 2009-05-24 from http://www.allacademic.com/meta/p126683_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Sentencing guidelines have become an important part of the criminal justice system. Nineteen states have enacted some form of guidelines and a number of other states are currently drafting their own versions. The main purpose behind a relatively fixed matrix of sentences for a crime is to remove judicial discretion. It has been argued that this discretion has produced disparities, particularly racial disparities, in prisons and guidelines are designed to insure that convicted felons receive the correct sentence depending on the crime committed. Few studies have attempted to systematically answer the question of whether guidelines produce the intended effects; furthermore, concern exists that guidelines may be contributing to an increase in overall prison populations. This study assesses the effects of sentencing guidelines on shifts in state level (all 50 states) incarceration rates from the years 1974 to 2003. Results implementing a logarithmic growth curve measure, indicate that guidelines are associated with increases in total (and across all racial and ethnic groups) incarceration rates when controlling for unemployment, poverty, violent crime, drug crimes, state populations and their characteristics, the number of new commitments to prison, and parole violators returned to prison. Further, sentencing guidelines are associated with an increase in white imprisonment rates, as well as increased imprisonment rates for both African-Americans and Hispanics, but at significantly higher rates.

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