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Published byKristina Scovel Modified over 10 years ago
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What Works in Sentencing? Evidence from the United States Cassia Spohn School of Criminology and Criminal Justice Arizona State University
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Two Questions Have the dramatic increases in the number of persons imprisoned in the U.S. led to a reduction in crime? Have the sentencing reforms (e.g., mandatory minimum sentences and sentencing guidelines) implemented over the past several decades produced the predicted instrumental effects?
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The “Imprisonment Boom”
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What Caused the Imprisonment Boom? Increase in crime ◦ Problem: both violent and property crime rates declined as imprisonment rate increased Increase in likelihood of imprisonment given arrest* Increase in length of time served*
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Did Changes in Sentencing Policy and Practice Reduce Crime? Targeting dangerous, high-rate offenders can reduce crime through incapacitation But, increasing the severity of sentences has had little, if any, deterrent effect on crime
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The Deterrent Effect of Mandatory Minimum Sentences Evidence suggests that they have little (if any) effect on crime Evidence also suggests that ◦ MMs are frequently circumvented or manipulated by prosecutors, judges, juries ◦ Factors that predict use of MMs are not racially neutral ◦ Practitioners often believe that MMs are unjust
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Sentencing Guidelines and Unwarranted Disparity Three decades of research suggests that disparities based on gender and race/ethnicity have not been eliminated ◦ Large gender disparities ◦ Smaller, but still significant, disparities based on race and ethnicity
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Conclusion Evidence that punitive approach does not work to improve public safety, reduce crime Evidence that drug courts and diversion programs do work Policymakers disillusioned with punitive policies ◦ Attorney General Holder’s “Smart on Crime Initiative”
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