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"Fixed" Sentencing Reforms: The Effect on the Racial Composition of Imprisonment Rates Over Time |
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Abstract:
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Sentencing guidelines, statutory presumptive sentencing, and determinate sentencing have become an important part of the criminal justice system. The main purpose behind a relatively fixed matrix of sentences is to remove judicial discretion by insuring that convicted felons receive a relatively fixed sentence depending on the crime committed. Few studies have attempted to systematically answer the question of whether these new “fixed” sentencing procedures or if the removal of parole boards (determinate sentencing) produce the intended outcomes; furthermore, concern exists that they may be contributing to an increase in increase in racial disparities. This study assesses the effects of sentencing reforms on shifts within states’ (all 50 states) incarceration rates from the years 1978 to 1998. Prais-Winston regression with panel corrected standard errors (PCSE) has been shown to be effective in assessing data of this sort (cross-sectional time-series). This method incorporated with “fixed effects” for states and controlling for violent crime rates, drug crime rates, percent black, percent Hispanic, percent white, poverty rates, unemployment rates, percent urban, population density, new commitments to prison, and parole violators returned to prison should help isolate the possible effects that sentencing reforms have had on the racial disparity. Substantively, the results could indicate that reforms have unintended consequences (e.g. growth in racial disparities). Functionally, rapid prison growth can be a logistical and financial burden on a state and these results could help to shed light onto the specific mechanisms of possible growth. Results indicate that “fixed” sentencing reforms do indeed increase imprisonment rates and racial disparities over time. |
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sentenc (217), rate (154), state (129), guidelin (114), imprison (109), effect (79), crime (66), prison (62), american (61), white (61), hispan (55), fix (50), time (50), black (49), reform (46), african (43), analysi (41), racial (41), year (39), increas (39), variabl (38), |
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Name: American Sociological Association Annual Meeting
URL: http://www.asanet.org
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Citation:
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MLA Citation:
| Harmon, Mark. ""Fixed" Sentencing Reforms: The Effect on the Racial Composition of Imprisonment Rates Over Time" Paper presented at the annual meeting of the American Sociological Association Annual Meeting, Sheraton Boston and the Boston Marriott Copley Place, Boston, MA, Jul 31, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p241871_index.html> |
APA Citation:
| Harmon, M. G. , 2008-07-31 ""Fixed" Sentencing Reforms: The Effect on the Racial Composition of Imprisonment Rates Over Time" Paper presented at the annual meeting of the American Sociological Association Annual Meeting, Sheraton Boston and the Boston Marriott Copley Place, Boston, MA Online <APPLICATION/PDF>. 2009-05-23 from http://www.allacademic.com/meta/p241871_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Sentencing guidelines, statutory presumptive sentencing, and determinate sentencing have become an important part of the criminal justice system. The main purpose behind a relatively fixed matrix of sentences is to remove judicial discretion by insuring that convicted felons receive a relatively fixed sentence depending on the crime committed. Few studies have attempted to systematically answer the question of whether these new “fixed” sentencing procedures or if the removal of parole boards (determinate sentencing) produce the intended outcomes; furthermore, concern exists that they may be contributing to an increase in increase in racial disparities. This study assesses the effects of sentencing reforms on shifts within states’ (all 50 states) incarceration rates from the years 1978 to 1998. Prais-Winston regression with panel corrected standard errors (PCSE) has been shown to be effective in assessing data of this sort (cross-sectional time-series). This method incorporated with “fixed effects” for states and controlling for violent crime rates, drug crime rates, percent black, percent Hispanic, percent white, poverty rates, unemployment rates, percent urban, population density, new commitments to prison, and parole violators returned to prison should help isolate the possible effects that sentencing reforms have had on the racial disparity. Substantively, the results could indicate that reforms have unintended consequences (e.g. growth in racial disparities). Functionally, rapid prison growth can be a logistical and financial burden on a state and these results could help to shed light onto the specific mechanisms of possible growth. Results indicate that “fixed” sentencing reforms do indeed increase imprisonment rates and racial disparities over time. |
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application/pdf |
| Page count: |
29 |
| Word count: |
11056 |
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| “Fixed” Sentencing Reforms: The Effect on the Racial Composition of Imprisonment Rates Over Time Mark G Harmon Department of Sociology University of Oregon 1291 University of Oregon Eugene OR 97403-1291 541-510-5995 mharmon2@uoregon.edu ACKNOWLEDGEMENTS Many thanks to Jim Inverarity at Western Washington University for help initiating this project. I would also like to thank Michael Aguilera Keith Appleby Val Burris Sarah Cribbs Ken Hudson Ellen Scott and Richard York at the University of Oregon and several anonymous reviewers. Special thanks |
| Carolina 1994 1994-Present Ohio 1996 1996-Present Missouri 1997 1997-Present Note: Table 2 represents the current sentencing type used by each state as of 2005. Presumptive refers to states that have implemented mandatory sentencing guidelines. Voluntary refers to states that have sentencing guidelines as formal recommendations but do not require their use. All other states incorporate indeterminate Sentencing which refers to states that have open sentencing ranges. In addition to the states that had already implemented sentencing guidelines six states |
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